Regardless of the reasons, a relationship collapse is difficult to handle, but it is more challenging for individuals trying to terminate a marriage. Families and society are built on the foundation of marriage. However, the Singapore Department of Statistics has reported an increase in marriages ending in divorce or annulment.
When you file for a divorce, you must prove that you have a legal basis for doing so under the Women’s Charter before moving forward with the divorce process.
Divorce in Singapore can only be granted if the marriage has broken down to no return. Other expressions we hear as “grounds for divorce,” such as unreasonable behaviour or adultery, are facts used to indicate that the marriage has irretrievably broken down.
Here is a fact from section 95 of the Women’s Charter: Getting a divorce is possible if you can show any five points. For a start, it’s essential to understand that getting a divorce has its own set of requirements.
Married for at Least Three Years:
In Singapore, getting a divorce usually necessitates three years of marriage. In some instances, a divorce can be sought before the three-year mark. However, you must show that you have been subjected to extreme hardship and suffering or that your spouse has been particularly cruel and unreasonable.
When it comes to “extraordinary hardship” or “exceptionally unfair and cruel,” there is no set meaning in law. For this reason, the divorce solicitors in Singapore must show the court that their client has been subjected to extreme hardship based on his particular circumstances. In some cases, early divorce may be warranted in dire circumstances. Consider consulting a divorce lawyer to see if your scenario qualifies as one of the more serious ones.
When filing for divorce, you must have been married for at least three years if there are no extenuating circumstances.
Relation to Singapore:
You or your spouse must be a resident of Singapore at the commencement of the divorce proceedings to get a divorce through the Singapore justice system. Alternatively, at least one of you must have lived in Singapore for the previous three years before filing for divorce.
Using the following facts, it is possible to deduce the irretrievable breakdown.
The most apparent reason for divorce is cheating on a spouse. You have the option of an amicable divorce if you find it impossible to remain with your partner after they’ve committed adultery. In cases where an amicable divorce has failed, the best course of action is to file for divorce in court.
Because your spouse is unlikely to admit cheating, you’ll need to gather evidence to back up your claims. And then there’s the challenge of keeping proof in your own hands, which can be even more difficult.
A private investigator is usually the last resort for many people, but the cost might be so expensive that you’ll wind up paying more than the divorce itself. Additionally, you may seek help from a criminal defence lawyer Singapore who may be able to discover other divorce grounds, such as unreasonable conduct.
It is unreasonable for you to expect to be able to coexist with your spouse since they have physically or mentally abused you or engaged in some other type of wrongdoing. In general, if your spouse is behaving so that you cannot possibly continue living with them, you may file for divorce for this reason.
“Unreasonable behaviour” encompasses a wide range of actions, inactions, and inconsistencies by the other spouse, even when the individual complaints are not excessive. Still, they suggested an unreasonable level of conduct when taken as a whole.
If you’re going through a divorce, desertion is when your spouse abandons you, even if you don’t want to be left! Because your husband has deserted you, you must be able to demonstrate that you have been abandoned for at least two years before filing for divorce.
During this period of desertion, you and your spouse may continue to live together for up to six months. However, the two years of abandonment required by the courts will not be included during these periods of living together as a couple.
Additionally, even if a couple has separate residences but spends most of their waking hours apart, they are still regarded as living in the same household for this law.
You’ll also have to prove that your spouse intended to run away from you. Alternatively, your spouse’s purpose could be interpreted as bringing your marriage to an end.
Separation of Three Years:
It’s common in Singapore for couples to seek divorce from unhappy relationships. Laws governing the spousal relationship do not mandate cohabitation, allowing partners to divorce whenever they choose.
It is only possible to divorce if there is an irretrievable collapse in the marriage and if neither party is to blame for this breakdown.
Couples are free to live apart if they want to separate formally at any moment. The separation must be legal before it may be used as a basis for a divorce. A separation can be lawful if one or both partners intend to divorce. A physical separation is almost always required in an informal divorce.
Even though the couples share a home, there can be a physical separation if there is a demonstrable break in the couple’s marital or sexual ties.
Separation of Four Years:
Suppose your partner does not agree to the divorce and has not behaved unreasonably, committed adultery, or deserted you for two years. In that case, you need to have been living apart for at least four years before filing for divorce. It is necessary to provide evidence that you are living in separate residences. You must also establish that you do not intend to resume your marriage in any circumstance, regardless of whether or not your partner agrees.