Divorce by Mutual Agreement

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Introducing Divorce by Mutual Agreement:

As of 1 July 2024, married couples can opt to file for divorce through Divorce by Mutual Agreement (“DMA”). This newest amendment to the Women’s Charter is significant as it allows couples to divorce more amicably against the backdrop of existing fault-based reasons which often lead to rather acrimonious divorce proceedings.

Two-stage Process for Divorce in Singapore:

Divorce in Singapore is a two-stage process, comprising:

  1. Dissolution of Marriage (“First Stage”)
    Here, the court will decide if the marriage has irretrievably broken down. If yes, the judge will grant the divorce and hand down an Interim Judgement of Divorce.

  2. Ancillary Matters (“Second Stage”)
    After the Interim Judgment has been granted, the proceedings would go into the Second Stage where the court will deal with issues relating to division of matrimonial assets, maintenance and care and control and access to children.

Under the First Stage, the only legal basis for divorce to be granted in Singapore is the irretrievable breakdown of marriage. As the law stands, there are currently five facts/ways to prove irretrievable breakdown:

  1. Adultery
  2. Unreasonable behaviour 
  3. Desertion 
  4. Separation of 3 years (with consent)
  5. Separation for 4 years (without consent).

 

The introduction of DMA as the sixth fact/way to prove irretrievable breakdown of marriage is aimed at improving the current divorce administration. Under the existing divorce framework, the couple must prove the facts of why their marriage has irretrievably broken down, and this often drives them to point fingers at one another. Such animosity is not desirable especially when there are children involved. This is where the DMA steps in to improve the status quo.

Comparing DMA with other existing grounds for divorce:
  1. A no-fault way of obtaining a divorce:
    Unlike the existing fault-based methods of getting a divorce such as adultery, unreasonable behaviour, and desertion as aforementioned, under DMA, couples can agree to take shared responsibility for the irretrievable breakdown of their marriage. Couples need not cite reasons blaming one another, and this reduces the feelings of ill-will between parties.

  2. Does not require separation for a certain duration:
    To file a DMA, the couple need not be separated for a stipulated duration of time. The couple can be living under the same roof until they file for divorce.
Possible advantages of DMA:

DMA is advantageous for the following three reasons:

  1. Better for the Couple
    Couples can complete divorce proceedings without needless animosity. Unlike the existing facts/ways to prove irretrievable breakdown of marriage which may result in blame-pushing and the surfacing of unpleasant incidents, DMA allows couples to file for divorce on the basis that they mutually agree that the marriage has indeed irretrievably broken down.

  2. Better for the Children
    Just like their parents, children can benefit from the less acrimonious divorce proceedings. Under the DMA, children will no longer be placed in the difficult situation of having to side with one parent over another and give evidence against them. Moreover, the DMA is generally beneficial to parents who decide to co-parent after divorce as it promotes a more functional relationship between them, which by extension, is beneficial for the wellbeing of the children. 

  3. More Expedient (Time)
    DMA possibly provides a faster avenue for getting a divorce because the other fault-based ways of divorce require much proof at trial and can take a longer period of time.
Possible disadvantages of DMA

While concerns were raised over how the DMA route may be a quick and easy way of getting out from a troubled marriage, these concerns were mitigated by assurances that the threshold to be met before a DMA is granted is not lower than the existing grounds. The usual 3-year time bar before couples can file for divorce remains unchanged, and couples must legitimately prove to the court why they have concluded that their marriage has irretrievably broken down. Couples must also show that they have made efforts to reconcile. Ultimately, the court has the final say and can decide not to grant the divorce if it deems reconciliation as reasonably possible.

Furthermore, as its name suggests, DMA requires the couple to be on the same page and both agree that the marriage has indeed irretrievably broken down.

Conclusion

Overall, the newest addition of DMA as a sixth ground for divorce is welcome as it allows couples to take joint responsibility for the breakdown of marriage. Such reduced acrimony from proceedings is also neatly aligned with Singapore’s family justice system which focuses on therapeutic justice.

If you require legal advice on your divorce, you may book a consultation session with our specialised team at:

Geralyn Danker, Director