How to file for divorce in Singapore within 3 years of marriage?

According to law, you need to have been married for at least 3 years to file for divorce in Singapore. In many cases, the court allows a couple to file for divorce even they are not married for 3 years.

Obtaining a divorce where parties have not been married for 3 years

The court will make an exception to the requirement of not being married for 3 years if the plaintiff is suffering from exceptional hardship and the defendant has engaged in it. Some of the examples where exceptional hardship was not be found are:

• Mere disruption to the plaintiff’s career due to a rough marriage.
• Mere adultery, as in every case one party commits adultery will likely bring about some hardship on the innocent spouse.
• When there is a reasonable probability of reconciliation, or where the interests of any child of the marriage are in question, then you can’t file for divorce in Singapore before the 3 years.
• Physical abuse, if only occurring in isolated incidents and not frequently, does not count as exceptional hardship.

• Stress and pressure from a controlling spouse and parent-in-law do not count as exceptional hardship.

 

Other requirements to file for divorce in Singapore

In other cases, the plaintiff has to prove that the marriage is irretrievably broken down. This is a different situation from exceptional hardship, or that the defendant has engaged in it. Hiring a family lawyer will be the best and he will guide you to the right solution.

 

Possible alternatives if “Exceptional Depravity” can’t be shown

Apply to cancel the marriage

An annulment of marriage means that the court will declare that a marriage is invalid. This is unlike a divorce that leads to the dissolution of a legally valid marriage. In some cases, a marriage can be declared void from the date of judgment, before the 3 years where:

• The marriage has not been terminated.
• Either party did not validly consent to enter the marriage due to mistake, mental disorder, or any other.
• The defendant was suffering from a communicable sexually-transmitted disease.
• The defendant was pregnant by some other person than the plaintiff at the time of marriage.

The court will not grant a judgment of nullity if the plaintiff knew of facts that allowed him to apply for such a judgment, but behaved in a manner that led the defendant to believe he would not do so.

 

Wait out the 3 years before applying for divorce

If both the parties have no choice but to wait for 3 years to file for divorce in Singapore, there are a few steps the party can take which are:

• Personal protection order (PPO) – if a party is being harassed, she can apply for a PPO, if she can prove that such an order is necessary.
• Maintenance (for wife) – The wife has the right to apply for an order of maintenance on proof that the husband has refused to provide the maintenance for her.
• Judicial separation – Either party to the marriage may apply for a judgment of judicial separation, to formalize the couple’s separation and make it no longer obligatory for the parties to have relations.

 

If you hire an experienced family lawyer in Singapore, he will be able to advise you on divorce within 3 years of marriage and will help you out through the various legal and procedural requirements that are required to file for divorce in Singapore.