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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.
Divorce in Singapore is a two-stage process, comprising:
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:
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.
DMA is advantageous for the following three reasons:
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.
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: