Women’s Charter 1961 - Singapore Statutes Online

Judicial separation

101.—(1) Either party to a marriage may apply for judicial separation on the ground and circumstances set out in section 95A, and sections 95 and 95A are to apply (with the necessary modifications) in relation to an application for judicial separation as they apply to an application for divorce.

[Act 3 of 2022 wef 01/07/2024]

(2) Where a court grants a judgment of judicial separation, it is no longer obligatory for the applicant to cohabit with the respondent.

[Act 18 of 2023 wef 15/10/2024]

(3) The court may, on an application by an originating application of the spouse against whom a judgment of judicial separation has been made and on being satisfied that the allegations in the originating application are true, rescind the judgment at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the judgment, that there was reasonable cause for the alleged desertion.

[Act 18 of 2023 wef 15/10/2024]

Judicial separation no bar to originating application for divorce

102.—(1) A person is not prevented from filing an originating application for divorce, or the court from pronouncing a judgment of divorce, by reason only that the applicant or respondent has at any time been granted a judicial separation upon the same or substantially the same facts as those proved in support of the originating application for divorce.

[Act 18 of 2023 wef 15/10/2024]

(2) On any such originating application for divorce, the court may treat the judgment of judicial separation as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court must not grant a judgment of divorce without receiving evidence from the applicant.

[Act 18 of 2023 wef 15/10/2024]

(3) For the purposes of any such originating application for divorce, a period of desertion immediately preceding the institution of proceedings for a judgment of judicial separation is, if the parties have not resumed cohabitation and the judgment has been continuously in force since it was granted, deemed immediately to precede the filing of the originating application for divorce.

[Act 18 of 2023 wef 15/10/2024]