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 plaintiff to cohabit with the defendant.

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

Judicial separation no bar to writ for divorce

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

(2) On any such writ 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 plaintiff.

(3) For the purposes of any such writ 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 writ for divorce.

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