Ending a marriage is never easy, and understanding the grounds for divorce in Singapore can be daunting for many.
This guide delves into the complexities of divorce proceedings in Singapore, exploring the legal grounds, key considerations, and the process involved. With more clarity, married couples can make informed decisions if they find themselves in such unfortunate circumstances.
Legal Framework For Divorce In Singapore
Singapore’s justice system, primarily based on English common law, features a unique blend of influences from its British colonial heritage and adaptations to the nation’s multicultural context.
One such adaptation is the Women’s Charter, a comprehensive piece of legislation enacted in 1961 to protect and promote the rights of women and families in Singapore.
The Women’s Charter governs various aspects of family law, including marriage, divorce, division of matrimonial assets, child custody, and spousal maintenance. It aims to ensure the fair treatment of both parties in a marriage and to address the best interests of any children involved.
Regarding divorce, the Women’s Charter outlines the legal framework and requirements for initiating the process. These requirements include:
- Eligibility: To file for divorce in Singapore, at least one party must be a Singapore citizen or have been habitually resident in the country for at least three years before filing. Additionally, the couple must have been married for at least three years.
- Grounds For Divorce: The Women’s Charter stipulates that the only legal ground for divorce is the irretrievable breakdown of the marriage. This breakdown must be proven by demonstrating one of the four scenarios: adultery, unreasonable behaviour, desertion, or separation.
- Filing Process: The party initiating the divorce (the plaintiff) must file a Writ for Divorce, a Statement of Particulars, and a Statement of Claim with the Family Justice Courts. These documents outline the grounds for divorce, the proposed arrangements for children and assets, and any requests for spousal/child maintenance.
- Serving Divorce Papers: The plaintiff must ensure that the other party (the defendant) is formally served with the divorce papers. This step is crucial, as the defendant has a limited time to respond to the papers, to either contest or agree with the terms proposed.
- Ancillary Matters: The Women’s Charter also addresses ancillary matters relating to the division of matrimonial assets, child custody and access arrangements, and spousal and child maintenance. The Family Justice Courts will consider these matters if the couple cannot agree on their own or through mediation.
Grounds For Divorce In Singapore
In Singapore, there is only one ground for divorce: the irretrievable breakdown of the marriage. To demonstrate this, the person seeking divorce must prove one of the following scenarios:
#1. Adultery
Adultery occurs when one spouse has committed adultery, and the other spouse finds living with the cheating spouse intolerable. To substantiate the claim, the innocent party must provide enough evidence to the court. This often involves hiring a private investigator to gather proof, such as photographs or videos of the cheating spouse with their lover.
It is essential to note that if the innocent spouse continues to live with the adulterer for six months or more after discovering the affair, they may be deemed to have condoned the adultery, making it difficult to use this ground for divorce.
Example: Jane discovers that her husband, John, has been having an affair with another woman. Jane hires a private investigator who obtains photographic evidence of John and the other woman in compromising situations. Jane can use this evidence to file for divorce on the grounds of adultery.
Hiring a Private Investigator to Prove Adultery In Divorce Proceedings
Proving adultery as a legal ground for the irretrievable breakdown of a marriage can be challenging. While some spouses may admit to their infidelity, others may deny their involvement, making it difficult to establish this ground without sufficient evidence.
In such cases, hiring a private investigator can be instrumental in gathering the necessary proof to support a claim of adultery during the divorce process.
Role Of A Private Investigator/Detective
Private investigators are skilled professionals who specialise in conducting discreet surveillance, gathering evidence, and uncovering facts relevant to a particular case.
They can help through the following methods:
Establish the existence of an extramarital affair.
Private investigators can collect evidence of an ongoing affair and catch a cheating spouse by conducting surveillance and monitoring the suspected cheating spouse’s activities.
Prove physical intimacy or sexual intercourse.
For adultery to be considered a valid legal ground for divorce, it must be proven that the cheating spouse engaged in physical intimacy or sexual intercourse with a third party.
Private investigators can obtain evidence demonstrating such intimacy, like photographs or videos capturing the adulterer’s interactions with their paramour.
However, it is important to note that the evidence gathered must not infringe on any individual’s privacy rights, as this may render it inadmissible in court.
Establish a pattern of unreasonable behaviour.
In some cases, a spouse may be unable to prove adultery directly, but they may still have grounds for divorce based on unreasonable behaviour.
Private investigators can help uncover a pattern of behaviour that makes it intolerable for the innocent spouse to continue living with the adulterer.
This may include evidence of repeated infidelity, financial irresponsibility, physical violence, or other forms of misconduct that contribute to the breakdown of the marriage.
#2. Unreasonable Behaviour
Unreasonable behaviour refers to instances where one spouse has behaved unreasonably, making it impossible for the other spouse to continue living with them.
Examples of unreasonable behaviour include but are not limited to, domestic violence, addiction issues, financial irresponsibility, or persistent refusal to engage in marital relations.
Example: Mary’s husband, Tom, has developed a gambling addiction and has squandered the family’s savings. His addiction has caused extreme financial strain, and he has become verbally abusive towards Mary. Mary can file for divorce on the grounds of unreasonable behaviour due to Tom’s addiction and abusive conduct.
#3. Desertion
Desertion occurs when one spouse has been deserted by the other continuously for at least two years. The deserting spouse must have demonstrated an intention to end the marriage and not return, such as leaving the marital home without explanation and refusing to engage in any communication.
Example: Susan’s husband, David, left their marital home without warning and moved to another country. He has not contacted Susan for over two years and has expressed no interest in reconciliation. Susan can file for divorce on the grounds of desertion.
#4. Separation
Separation is when the couple has lived apart for three years (with mutual consent) or four years (without mutual consent). In both cases, the physical separation must be unequivocal, with both parties living in separate households and not cohabiting.
This ground requires the couple to have led separate lives during the specified period, with no possibility of reconciliation.
Example: Peter and Emily have lived apart for four years without mutual consent. Emily wanted to separate, but Peter initially refused. However, they have lived in separate homes and have not attempted to reconcile. Emily can now file for divorce on the grounds of separation without Peter’s consent.
Conclusion About Legal Grounds For Divorce Singapore
The breakdown of a marriage can be an emotionally challenging and tumultuous experience. As you navigate the complexities of Singapore’s divorce process, having a solid support system and professional guidance is essential.
The grounds for divorce, including adultery, unreasonable behaviour, desertion, or separation, can be challenging to prove without sufficient evidence.
In such situations, the expertise of private investigators can be invaluable in gathering the necessary proof and helping you secure the most favourable outcome for your case.
If you suspect that your spouse is engaging in adultery or other unreasonable behaviour and need assistance gathering evidence to support your divorce claim, Detective Don is here to help.
With years of experience and a proven track record in private investigations, Detective Don can provide the discreet and professional investigative services you need.
Schedule a consultation with Detective Don today to discuss your case and build a strong foundation for your divorce proceedings.
Frequently Asked Questions About Grounds For Divorce Singapore
What Does Irretrievably Broken Down Mean In Divorce?
Irretrievably broken down in divorce means the marriage has failed beyond repair, and there is no chance of reconciliation between the spouses.
Do I Need A Divorce Lawyer To Help Me With My Case?
While you can file for divorce without a lawyer in Singapore, hiring a divorce lawyer can provide valuable legal advice, help you navigate the complex divorce process, and protect your interests.
What Services Do Private Investigators Provide In A Divorce Case?
Private investigators can gather evidence of adultery, monitor a spouse’s activities, locate hidden assets, and assist in child custody disputes.
Can Private Investigators Help In Child Custody Disputes?
They can collect evidence of a parent’s behaviour, living conditions, and other factors impacting the child’s welfare.
Can Private Investigators Help Uncover Hidden Assets?
They can conduct financial investigations, analyse records, and trade undisclosed accounts or properties.
