Navigating a divorce in Singapore can feel overwhelming — emotionally, legally, and practically. For many couples, the choice to separate comes with a host of difficult questions: How do we file? Who gets custody of the children? How will assets be divided? What about maintenance support?
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At Dewey & LeBoeuf LLP, we understand these concerns deeply. We help clients move through each step with clarity, dignity, and legal certainty. This article explains how divorce works in Singapore, including mutual separation, filing procedures, maintenance, child custody, and divorce procedures in Singapore and why engaging experienced legal counsel is often essential.
Eligibility: Who Can File for Divorce in Singapore
Before you can even begin a divorce in Singapore, there are basic eligibility requirements set out by the courts.
To file for divorce:
- At least one spouse must be domiciled in Singapore or have lived in Singapore for at least three continuous years prior to filing.
- The marriage must generally have lasted at least three years.
- The marriage must be under civil law (not Syariah law).
If these conditions are not met, divorce may not be possible under Singapore civil courts, although there may be exceptional circumstances.
Grounds for Divorce and Mutual Separation
Under Singapore law, a divorce can only be granted if a court is satisfied that the marriage has “irretrievably broken down.”
Historically, couples have relied on one or more of the following facts to support divorce:
- Adultery by one spouse.
- Unreasonable behaviour — meaning conduct (physical or mental) that makes it intolerable for the other spouse to continue living together.
- Desertion — one spouse leaving the other with no intention of returning, sustained for at least two years.
- Separation: living apart for three years (with consent) or four years (without consent).
More recently — in a move toward more amicable separations — the law now allows for divorce by mutual agreement. This means that if both spouses agree that the marriage has irretrievably broken down, they can file jointly on that basis.
Mutual separation simplifies the process, reduces conflict, and often spares both parties — and any children — significant stress and delay.
Divorce Process: Simplified Track vs Normal Track
The procedure for divorce in Singapore takes one of two routes depending on whether the spouses agree on both the divorce itself and all related ancillary matters (custody, maintenance, division of assets).
Simplified Track (Uncontested / Mutual‑Agreement Divorce)
If both spouses agree on the divorce and on all ancillary issues, the process can proceed on a simplified track.
This path tends to be faster, less emotionally taxing, and less expensive because there is no contested hearing or drawn‑out litigation.
Normal Track (Contested Divorce)
When spouses cannot agree on the divorce itself or on ancillary matters (such as child custody, maintenance, or asset division), the divorce must follow the normal track.
Normal‑track divorces are more complex: you or your spouse will need to file a matrimonial application for divorce, and often attend court hearings.
On average, a normal‑track divorce can take 12 to 18 months to conclude — and often comes with greater legal costs and emotional strain.
Because of this burden, many couples prefer the simplified track when possible.
What Happens During the Divorce Process
Filing the Application
If you proceed with a divorce, you or your spouse must file a “matrimonial application for divorce.” The exact forms and documents required vary depending on when you file (after or before certain legislative changes in 2024).
It typically includes: a copy of children’s birth certificates (if applicable), financial disclosures (if relevant), and an application form outlining the grounds for divorce.
If you have children under 21 and the divorce involves disagreement over children matters, parents will need to complete a mandatory co‑parenting or parenting programme before the divorce can proceed.
Court Review and Judgment
The court reviews the application and any evidence submitted to decide whether the marriage has irretrievably broken down. If the court is satisfied, it grants a divorce. That ends the marriage legally.
Then the court or parties address “ancillary matters,” which include child custody, care and control, maintenance (spousal and child), and division of matrimonial property.
Maintenance: Spousal and Child Support in Singapore
One of the critical aspects of divorce involves financial maintenance. That includes support for the spouse (in certain cases) and children.
Child Maintenance
Under Singapore law, both parents have a duty to maintain their children, whether legitimate or not, until the child reaches 21.
If the child is still financially dependent — for example, undergoing full‑time education or training, serving national service, or suffering from a physical or mental disability — the court may extend maintenance beyond 21.
When determining the amount of child maintenance, the court considers: the child’s needs, expenses, parents’ income and earning capacity, financial resources, any disabilities, as well as the standard of living before divorce.
Maintenance can be ordered as a lump sum or periodic payments.
Spousal Maintenance (Wife or Incapacitated Husband)
Traditionally, the husband had the duty to maintain his wife and children.
Under modern law, if a husband is incapacitated (physically or mentally) and unable to earn a living, the court may order the wife to provide maintenance.
The court considers factors such as the duration of marriage, age, financial status of both parties, and the standard of living during the marriage. Maintenance may be awarded monthly, for a fixed period, as a lump sum — or sometimes not awarded — depending on circumstances.
Child Custody, Care & Control, and Access Rights
When children are involved, courts prioritise their welfare. Custody decisions are made with the child’s best interests at heart.
- Custody refers to who makes major decisions about the child’s life (education, religion, medical treatment, travel).
- Care and Control refers to whom the child lives with and who sees to their daily needs.
- Access allows the non‑custodial parent visitation rights — which might be “reasonable,” “liberal,” or even supervised, depending on circumstances.
In many cases, courts grant joint custody — meaning both parents share decision‑making responsibilities, while care and control and access arrangements are determined based on what works best for the child.
The court may also require a parenting plan, and sometimes appoint a child representative or parenting coordinator if there is conflict to ensure decisions are child‑centric.
Division of Matrimonial Assets
Dividing matrimonial assets is another key issue. “Matrimonial property” includes assets and savings acquired during the marriage — such as property, investments, CPF savings (Singapore’s pension/savings scheme), bank accounts, vehicles, etc.
When spouses agree, they can propose a division plan themselves. If they cannot agree, the court will decide based on multiple factors:
- Financial contributions (salary, CPF, savings) by each spouse
- Non‑financial contributions (home care, child‑rearing, homemaking)
- Needs of the children
- Duration of marriage and standard of living during marriage
- Any existing agreements between spouses about property division
The court strives for a fair and equitable division — which may not be a strict 50/50 split, depending on individual contributions and family needs.
Why Mutual Separation and Amicable Divorce Often Make Sense
Divorce by mutual agreement — where both spouses jointly decide to end the marriage — offers important advantages:
- It reduces emotional stress, conflict, and adversarial proceedings.
- It tends to be faster and less costly — especially when both parties agree on ancillary matters and opt for the simplified track.
- It gives both spouses greater control over outcomes: custody, asset division, maintenance, access rights — rather than leaving all decisions to a judge.
- It can be less disruptive to children, promoting cooperation, co‑parenting and smoother transitions.
For many families, mutual separation is the most dignified, responsible path — especially where both parties are committed to fair resolution and preserving children’s well‑being.
At Dewey & LeBoeuf LLP we strongly encourage couples to explore amicable, mutual separation whenever feasible. Our experienced lawyers can guide you through negotiation, agreement drafting, and legal filings — so that the process is as smooth, fair, and respectful as possible.
Filing for Divorce: Step-by-Step Procedure in Singapore
Filing for divorce in Singapore involves a precise legal procedure, and understanding each step is crucial. The process begins with preparing the matrimonial application, which includes essential documents such as marriage certificate, birth certificates of children, financial statements, and proof of separation if applicable.
Once the application is filed in the Family Court, the court serves the documents to the other spouse, allowing them time to respond. If uncontested, the court schedules a mention date to review documentation and proceed toward judgment. For contested cases, hearings and evidence submissions may take several months.
Engaging experienced legal counsel from Dewey & LeBoeuf LLP ensures that applications are accurate, complete, and strategically prepared to minimize delays or complications, giving you confidence throughout the legal process.
Understanding Spousal Maintenance and Financial Settlements
Spousal maintenance, or alimony, is an important consideration during divorce in Singapore. The court evaluates factors such as marital duration, age of spouses, income, and living standards during marriage. Maintenance can be awarded as monthly payments, lump sums, or temporary support during the divorce proceedings.
A comprehensive financial settlement may also include division of matrimonial property, CPF savings, bank accounts, and investments. These settlements require careful negotiation to ensure fairness and long-term financial security.
At Dewey & LeBoeuf LLP, our legal team specializes in crafting financial arrangements that protect your interests while complying with Singapore law. We aim for solutions that balance fairness with practicality, reducing disputes and securing your future stability.
Child Custody, Care, and Control Explained
Child welfare is always the court’s primary concern during divorce. In Singapore, custody refers to decision-making authority over a child’s education, healthcare, and overall upbringing, while care and control determines where the child lives.
Courts often grant joint custody, encouraging both parents to actively participate in major decisions. Access arrangements allow the non-custodial parent to spend time with the child, which can be supervised or unsupervised based on circumstances.
With expert guidance from Dewey & LeBoeuf LLP, parents can create parenting plans that prioritize children’s well-being, minimize conflict, and comply with legal requirements, helping families transition smoothly during a challenging time.
Division of Matrimonial Assets and Property Rights
Equitable division of assets is one of the most critical aspects of divorce. Matrimonial property includes real estate, investments, CPF savings, and other assets acquired during marriage. Courts consider both financial and non-financial contributions, as well as the needs of children and spouses, to determine a fair division.
Failure to properly disclose assets or understand entitlements can result in unfair outcomes. Our team at Dewey & LeBoeuf LLP ensures thorough asset documentation, strategic negotiation, and equitable settlements that safeguard your rights while maintaining compliance with Singapore law.
Legal and Emotional Benefits of Mediation and Amicable Divorce
Divorce can be emotionally taxing, especially when children or significant assets are involved. Singapore encourages mediation and alternative dispute resolution as part of the divorce process. Mediation allows spouses to reach agreements on maintenance, custody, and asset division amicably, reducing stress, court delays, and costs.
Mutual separation and amicable divorce also foster healthier co-parenting relationships post-divorce, ensuring the children’s best interests are maintained.
Dewey & LeBoeuf LLP offers professional mediation support, legal advice, and drafting of binding agreements, helping couples navigate divorce respectfully while achieving optimal legal and personal outcomes.
When You Should Strongly Consider Professional Legal Help
Even with mutual separation, divorce involves complex legal, financial, and emotional layers. Having an experienced law firm like Dewey & LeBoeuf LLP on your side helps in many critical ways:
- We ensure all legal eligibility criteria are properly met.
- We help you draft agreements covering custody, maintenance, property division that protect your interests and children’s welfare.
- We assist with required documentation: financial disclosure, parenting plans, asset statements, etc.
- We represent you in court — or help you avoid court altogether if matters are uncontested.
- We anticipate complications: international assets, cross-border situations, complexities in child custody/education, spousal maintenance, CPF savings, property valuations, etc.
Having skilled legal counsel reduces risk, stress, and the chance that mistakes or oversight will lead to unfair outcomes.
Frequently Asked Questions (FAQ)
What does “irretrievable breakdown of the marriage” mean?
It means the marriage has failed beyond repair. To prove this, under Singapore law you must rely on one of the legally accepted facts: adultery, unreasonable behaviour, desertion, separation (with or without consent), or mutual agreement.
Can I file for divorce immediately if I and my spouse mutually agree?
Yes. If you mutually agree — including ancillary matters like asset division, maintenance and child arrangements — you can proceed on the simplified track.
What happens if we don’t agree on custody or maintenance?
Then the divorce is likely to follow the normal (contested) track. The court will decide custody, maintenance, asset division, and other matters based on the evidence and factors like children’s welfare, financial contributions, and standard of living.
Until what age is child maintenance required?
Typically, until the child turns 21 years old. If a child is still financially dependent (e.g. studying, serving national service, or has disabilities), maintenance may be extended even after 21.
Is asset division always a 50‑50 split?
Not necessarily. The division depends on factors such as financial and non‑financial contributions by each spouse, children’s needs, duration of marriage, and family standard of living. The court aims for a fair and equitable division under the circumstances.
Why Choose Dewey & LeBoeuf LLP for Your Singapore Divorce
Choosing the right law firm can profoundly impact how smooth, fair, and efficient your divorce process is. At Dewey & LeBoeuf LLP we bring:
- Deep expertise in Singapore divorce law, child custody and maintenance matters.
- Experience navigating both simplified (mutual) and contested divorce tracks.
- A client‑centered, compassionate approach — particularly where children are involved.
- Clear guidance on documents, filings, legal strategy, and negotiation.
- Global perspective — especially important if you have cross‑border assets or international connections.
If you want your divorce handled with professionalism, integrity, and sensitivity, our team stands ready to support you.
If you are considering separation or divorce in Singapore and want a guided, fair, and legally sound process, contact Dewey & LeBoeuf LLP today. Our experienced divorce lawyers will evaluate your situation, explain your rights, and help you achieve the best possible outcome for you and your children.
Your peace of mind and family’s future well‑being matter. Let Dewey & LeBoeuf LLP be your trusted legal partner.
E-mail: info@deweyleboeuf.com
Phone: +971 58 690 9684
Address: 26B Street, Mirdif, Dubai, UAE