- You generally must have been married for at least three years.
- One of you must be domiciled in Singapore, or have lived here habitually for the three years before filing.
- Parents of children under 21 generally need to complete the Co-Parenting Programme first.
- Muslim marriages are dealt with by the Syariah Court, not the Family Justice Courts.
Who these rules apply to
Civil divorces in Singapore are governed by the Women's Charter and heard in the Family Justice Courts. If you married under Muslim law, your divorce goes through the Syariah Court under the Administration of Muslim Law Act instead, and different requirements apply.
For a civil divorce, three questions decide whether you can file now.
1. Have you been married for three years?
You generally cannot file for divorce until three years have passed from the date of your marriage. The rule exists to discourage couples from giving up on a marriage too early.
The court can allow an earlier filing, but only with its permission and only where you would suffer exceptional hardship, or your spouse has shown exceptional depravity. Serious family violence is a common example. The bar is deliberately high, so take advice before relying on it.
If you are not yet at three years, the waiting period is a good time to get advice on your position, gather documents, and consider options such as a deed of separation or, where there is violence, a Personal Protection Order.
2. Do you have a connection to Singapore?
The court only hears a divorce if, when you file, at least one of you is either:
- domiciled in Singapore, meaning Singapore is your permanent home, the place you intend to stay indefinitely; or
- habitually resident in Singapore for a continuous period of three years immediately before filing.
Citizenship is not itself the test, though most Singapore citizens living here are domiciled here. Many foreigners on long-term passes qualify through habitual residence. If you or your spouse has strong ties to another country, it is worth considering early whether Singapore is the best place to file. See our guide on divorce for foreigners.
3. Do you have children under 21?
If you have at least one child below 21, you will generally need to complete the Co-Parenting Programme (CPP) before filing, and submit the Certificate of Completion with your papers. The programme is run by Ministry of Social and Family Development (MSF) appointed agencies and focuses on how to support your children through the divorce.
What if you meet all three?
You can then file for divorce on the basis that the marriage has irretrievably broken down, using one of the six facts the law recognises. Which fact you rely on, and whether your spouse agrees, shapes everything that follows.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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