In Singapore, there is only one legal ground for divorce: that the marriage has irretrievably broken down. This is established under section 95 of the Women's Charter 1961. To obtain a divorce, a party must prove this irretrievable breakdown by relying on one of six facts prescribed by law.
As of 1 July 2024, following the Women's Charter (Amendment) Act 2022, a sixth fact — Divorce by Mutual Agreement (DMA) — was introduced. This is the most significant change to Singapore divorce law in decades and means couples can now divorce without assigning blame or proving fault.
Before You Can Apply for Divorce
Before filing for divorce, three threshold requirements must be satisfied.
1. Three-Year Marriage Requirement
Parties must generally have been married for at least three years before commencing divorce proceedings. In exceptional circumstances, the Court may permit an earlier application where the applicant has suffered exceptional hardship or where the other spouse has been exceptionally cruel physically or verbally: section 94(2) of the Women's Charter.
2. Domicile or Residency in Singapore
Either party must be domiciled in Singapore at the date of commencement of proceedings, or must have been habitually resident in Singapore for at least three years immediately before the proceedings: section 93 of the Women's Charter.
3. Mandatory Co-Parenting Programme (CPP)
With effect from 1 July 2024, all parents with children below the age of 21 are required to complete the Mandatory Co-Parenting Programme (CPP) before filing for divorce, under section 94A of the Women's Charter. The programme comprises an online e-learning module (approximately 1.5 hours) followed by a one-hour consultation with a counsellor. Failure to complete the CPP will prevent the divorce from being filed. The CPP does not apply to Muslim divorces.
The Six Facts — Overview
| Fact | Key Requirement | Consent Required? |
|---|---|---|
| 1. Adultery | Respondent committed adultery and applicant finds it intolerable to live with respondent | No |
| 2. Unreasonable Behaviour | Respondent behaved in such a way that applicant cannot reasonably be expected to live with respondent | No |
| 3. Desertion | Respondent has deserted applicant for at least 2 continuous years immediately before the application | No |
| 4. Separation (3 years) | Parties have lived apart for at least 3 continuous years | Yes — Respondent's consent required |
| 5. Separation (4 years) | Parties have lived apart for at least 4 continuous years | No |
| 6. Divorce by Mutual Agreement ★ NEW | Both parties agree in writing that the marriage has irretrievably broken down | Yes — both parties must agree |
Source: Women's Charter 1961, s 95; Women's Charter (Amendment) Act 2022 (in force 1 July 2024).
The Six Facts — In Detail
The applicant must prove that the respondent has committed adultery and that it is intolerable to continue living with the respondent. Evidence may include photographs, messages, hotel records, or a private investigator's report. Importantly, if the applicant continues to live with the respondent for more than six months after discovering the adultery, this fact can no longer be relied upon: section 95(3) of the Women's Charter.
The respondent must have behaved in such a way that the applicant cannot reasonably be expected to live with him or her. This is the most commonly relied-upon fact in Singapore — 58.6% of civil divorces in 2024 cited unreasonable behaviour. It covers a wide range of conduct including physical or verbal abuse, gambling, excessive drinking, financial irresponsibility, and emotional neglect. The test is whether this particular applicant can reasonably be expected to live with this particular respondent: Wong Siew Boey v Lee Boon Fatt [1994] 2 SLR(R) 36.
The respondent must have deserted the applicant for a continuous period of at least two years immediately before the commencement of proceedings. The applicant must show both that the parties are living separately and that the respondent had the intention to desert. Desertion is relatively rarely relied upon in practice.
The parties must have lived apart for a continuous period of at least three years immediately before the commencement of proceedings, and the respondent must consent to the divorce. This is the second most commonly relied-upon fact, cited in 48.5% of civil divorces in 2024. Parties can live "apart" even under the same roof if they are living separate lives.
Where the parties have lived apart for at least four continuous years, no consent from the respondent is required. This fact is useful where one party refuses to consent to a divorce but the parties have been separated for a sufficient period.
Introduced by the Women's Charter (Amendment) Act 2022 and in force from 1 July 2024, DMA allows both parties to divorce without proving fault or a lengthy period of separation. Both parties must submit a written agreement to the Court setting out: (a) the reasons leading them to conclude that the marriage has irretrievably broken down; (b) the efforts made to reconcile; and (c) the arrangements made for financial affairs and children, if any. The Court retains discretion to refuse a divorce if it is satisfied that there remains a reasonable possibility of reconciliation. DMA is available under both the simplified (uncontested) and standard divorce tracks: section 95A(6) of the Women's Charter.
Worth noting: Unreasonable behaviour remains by far the most commonly used fact, cited in nearly 6 in 10 divorces in 2024. However, for couples who are in agreement and wish to avoid assigning blame, Divorce by Mutual Agreement is now available and is likely to become increasingly common as awareness grows.
What Happens After Filing?
Divorce proceedings in Singapore are heard in the Family Justice Courts. The process involves two stages: the dissolution of marriage (the divorce itself) and the resolution of ancillary matters including division of matrimonial assets, custody and care arrangements for children, and maintenance.
Where the divorce is uncontested, the matter can generally be resolved more quickly under the simplified track. Where the divorce or ancillary matters are contested, the matter proceeds on the standard track and may take considerably longer to resolve.
Muslim marriages: Divorces involving Muslim marriages are governed by the Administration of Muslim Law Act 1966 (AMLA) and are heard in the Syariah Court, not the Family Justice Courts. The Women's Charter does not apply to Muslim marriages. Muslim parents with children under 21 must attend the Marriage Counselling Programme (MCP) at the Syariah Court before filing for divorce.
How K Prasad & Co Can Help
Divorce is one of the most significant legal and personal processes a person can go through. At K Prasad & Co, we advise clients on all aspects of divorce proceedings in Singapore — from determining the appropriate fact to rely on, to navigating ancillary matters including asset division, maintenance, and custody arrangements. We approach each matter with care, discretion, and a focus on achieving the best outcome for you and your family. Contact us to arrange a confidential consultation.
- Women's Charter 1961 (2020 Rev Ed), ss 93, 94, 94A, 95, 95A
- Women's Charter (Amendment) Act 2022 (No. 3 of 2022) — introducing Divorce by Mutual Agreement, in force 1 July 2024
- Women's Charter (Parenting Programme) Rules 2016 (as amended by Women's Charter (Parenting Programme) (Amendment) Rules 2024)
- Family Justice (General) Rules 2024, Form 2A
- Administration of Muslim Law Act 1966 (2020 Rev Ed) — Muslim divorces
- Wong Siew Boey v Lee Boon Fatt [1994] 2 SLR(R) 36 — test for unreasonable behaviour
- Singapore Department of Statistics, Divorce Statistics 2024
- Chambers and Partners, Family Law Guide — Singapore 2026
This article is for general information only and does not constitute formal legal advice. For advice specific to your circumstances, please contact K Prasad & Co at (+65) 8062 4651.