8 Facts and Myths of Getting a Divorce in Singapore: Part 1

Jasmine Toh
Oct 27, 2024
4 min read

Updated: Jul 5, 2025

Myth 1: Adultery Is the Only Reason You Can Get Divorced in Singapore

Fact: While adultery is one of the grounds for divorce, it’s not the only way to prove an irretrievable breakdown of marriage. In Singapore, there are five grounds you can rely on to file for divorce:

Adultery: One spouse has committed adultery, and the other finds it intolerable to continue living with them.
Unreasonable behaviour: One spouse behaves in a way that makes it unreasonable for the other spouse to stay in the marriage.
Desertion: One spouse deserts the other for at least two years.
Separation for three years (with mutual consent).
Separation for four years (without mutual consent).

This means that adultery is not necessary to file for divorce, and other reasons such as unreasonable behaviour or prolonged separation can also be valid grounds.

Myth 2: You Can Get Divorced Immediately

Fact: Many people think they can file for a divorce right away, but under Singapore law, you must be married for at least three years before filing for a divorce. This "three-year rule" ensures that the marriage has had time to stabilise or be reconciled before legal proceedings begin.

There are exceptions to this rule, but they are rare and usually involve cases where a spouse has suffered exceptional hardship or cruelty.

Myth 3: Divorce Always Leads to a Courtroom Battle

Fact: Contrary to popular belief, not all divorces result in long, drawn-out court battles. In Singapore, many divorces are resolved through uncontested divorce proceedings, where both spouses agree on the grounds for divorce and the ancillary matters (e.g., child custody, maintenance, and division of assets).

An uncontested divorce is generally much faster and less expensive than a contested one. Many couples can avoid court appearances entirely if they work out their differences beforehand, making the process less stressful.

Myth 4: Mothers Always Get Child Custody in a Divorce

Fact: The belief that mothers automatically get custody of children is a common misconception. In Singapore, the Family Justice Courts decide child custody based on the best interests of the child, not the gender of the parent.

Joint custody, where both parents share responsibility for major decisions regarding the child, is becoming more common. The court considers factors such as the child’s welfare, emotional needs, and the ability of both parents to meet these needs.

Myth 5: Divorce Means a 50/50 Split of Assets

Fact: The division of matrimonial assets in a divorce is not always a straightforward 50/50 split. The Family Court takes into consideration several factors, such as:

The contributions each party made during the marriage (both financial and non-financial, like caregiving).
The needs of the children (if any).
The length of the marriage.

The court's goal is to achieve a fair and equitable division of assets, which doesn’t necessarily mean an equal split.

Myth 6: You Can Only File for Divorce in Singapore If You Are a Citizen

Fact: You don’t need to be a Singaporean citizen to file for divorce in Singapore. However, there are certain residency requirements:

Either spouse must be domiciled in Singapore, or
Either spouse must have been habitually resident in Singapore for at least three years immediately before filing the divorce petition.

This means that expatriates living in Singapore may be eligible to file for divorce as long as they meet these residency conditions.

Myth 7: Divorce Is Always Expensive

Fact: The cost of divorce in Singapore varies depending on whether the divorce is contested or uncontested. An uncontested divorce—where both parties agree on the divorce terms—can be relatively affordable, with minimal court involvement. A contested divorce, on the other hand, is more expensive due to the time spent in court hearings and negotiations.

Additionally, many legal firms offer fixed-fee packages for uncontested divorces, helping clients manage their legal expenses more effectively.

Myth 8: After Divorce, Spousal Maintenance Is Always Awarded to Women

Fact: While it’s true that in many cases, spousal maintenance is awarded to women, the law in Singapore allows men to claim maintenance from their wives in certain situations. The decision is based on the financial needs and earning capacities of both spouses, rather than gender.

Spousal maintenance is not automatically awarded, and the court carefully considers factors such as the standard of living during the marriage, the financial resources of each party, and the length of the marriage.

Conclusion: Clearing Up Divorce Myths in Singapore

Divorce is already a stressful experience, and misunderstandings can make the process even more confusing. Understanding the facts about Singapore divorce laws can help you make informed decisions and reduce the uncertainty surrounding the process. Whether you’re concerned about child custody, asset division, or filing for divorce, it’s essential to seek accurate information and professional legal advice.

At JK Law Chambers, our experienced team of family lawyers is here to guide you through the divorce process. Whether you need help with an uncontested divorce, are facing a contested divorce, or require assistance with ancillary matters, we are ready to offer tailored legal solutions that meet your needs.