92. In this Part, unless the context otherwise requires —
“child of the marriage” means any child of the husband and wife, and includes any adopted child and any other child (whether or not a child of the husband or of the wife) who was a member of the family of the husband and wife at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and for the purposes of this definition, the parties to a purported marriage that is void are deemed to be husband and wife;
“desertion” implies an abandonment against the wish of the person charging it;
“judgment of judicial separation” includes a decree of judicial separation granted in proceedings for judicial separation commenced before 1 April 2006;
“originating application” means an originating application for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be.
[Act 18 of 2023 wef 15/10/2024]
[27/2014]
Jurisdiction of court in matrimonial proceedings
93.—(1) Subject to subsection (2), the court has jurisdiction to hear proceedings for divorce, presumption of death and divorce, judicial separation or nullity of marriage only if either of the parties to the marriage is —
(a)
domiciled in Singapore at the time of the commencement of the proceedings; or
(b)
habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.
(2) In proceedings for nullity of marriage on the ground that the marriage is void or voidable, the court may, even though the requirements in subsection (1) are not fulfilled, grant the relief sought where both parties to the marriage reside in Singapore at the time of the commencement of the proceedings.
(3) For the purposes of proceedings for nullity of marriage, “marriage” includes a marriage which is not valid by virtue of any of the provisions of this Act.
Restriction on filing of originating application for divorce during first 3 years of marriage
94.—(1) No originating application for divorce is to be filed in the court unless at the date of the filing of the originating application 3 years have passed since the date of the marriage.
[Act 18 of 2023 wef 15/10/2024]
(2) The court may, upon application being made in accordance with the Family Justice Rules, allow an originating application to be filed before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the applicant or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the proceedings that the applicant obtained permission to file the originating application by any misrepresentation or concealment of the nature of the case, the court may —
(a)
if it grants an interim judgment, do so subject to the condition that no application to make the judgment final may be made until after the expiration of 3 years from the date of the marriage; or
(b)
dismiss the proceedings without prejudice to any proceedings which may be brought after the expiration of the said 3 years upon the same, or substantially the same, facts as those proved in support of the proceedings so dismissed.
[27/2014]
[Act 18 of 2023 wef 15/10/2024]
[Act 25 of 2021 wef 15/10/2024]
[Act 18 of 2023 wef 16/01/2025]
(3) In determining any application under this section for permission to file an originating application before the expiration of 3 years from the date of the marriage, the court is to have regard to the interest of any child of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said 3 years.
[Act 18 of 2023 wef 15/10/2024]
[Act 25 of 2021 wef 15/10/2024]
(4) The court may, before determining an application under this section, refer the differences between the parties to a conciliation officer so that a reconciliation between the parties might be effected.
[Act 3 of 2022 wef 30/12/2022]
(5) Nothing in this section is deemed to prohibit the filing of an originating application based upon matters which have occurred before the expiration of 3 years from the date of the marriage.
[Act 18 of 2023 wef 15/10/2024]
Parenting programme
94A.—(1) Every prescribed party must complete a parenting programme within the time prescribed by rules made under section 180.
[7/2016]
(2) For the purposes of subsection (1), different times may be prescribed for different prescribed parties.
[7/2016]
(3) No originating application for divorce, and no cross‑application in proceedings for divorce, is to be filed in the court by a prescribed party, unless the prescribed party —
(a)
has completed a parenting programme;
(b)
is an excluded party; or
(c)
is allowed by the court under subsection (4) to do so.
[7/2016]
[Act 18 of 2023 wef 15/10/2024]
(4) Despite subsection (3)(a) and (b), even though a prescribed party has not completed a parenting programme and is not an excluded party, a court may —
(a)
upon the application of the prescribed party, and on such terms as the court thinks fit, allow the prescribed party to file in the court an originating application for divorce; and
[Act 18 of 2023 wef 15/10/2024]
(b)
upon the application of the prescribed party or on the court’s own motion, and on such terms as the court thinks fit, allow the prescribed party to file in the court a cross‑application in proceedings for divorce.
[7/2016]
[Act 18 of 2023 wef 15/10/2024]
(5) A court hearing any proceedings for divorce may, if the court considers that doing so is in the interests of the parties to the marriage and any child of the marriage, at any stage in those proceedings order either or both of the parties to the marriage to complete a parenting programme.
[7/2016]
(6) Where any party who is required or ordered under this section to complete a parenting programme fails to do so, the court may make such orders as the court thinks fit.
[7/2016]
(7) Without limiting subsection (6), the orders which the court may make under that subsection include the following orders:
(a)
a stay of the proceedings for divorce until the defaulting party in that subsection completes the parenting programme;
(b)
such order as to costs as the court thinks appropriate against the defaulting party in that subsection.
[7/2016]
(8) Anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of participating in a parenting programme is not to be admitted in evidence in any court.
[7/2016]
(9) The Minister may —
(a)
determine the form, contents and duration of a parenting programme; and
(b)
appoint any person to conduct a parenting programme.
[7/2016]
(10) Each person appointed under subsection (9)(b) to conduct a parenting programme is to determine whether any person who attends that programme has completed that programme.
[7/2016]
(11) Any person who is dissatisfied with a determination under subsection (10) may appeal to the Minister, whose decision is final.
[7/2016]
(12) The Minister may designate the following persons to consider and determine, in his or her place, any appeal under subsection (11):
(a)
any Minister of State or Senior Minister of State, for his or her Ministry;
(b)
any Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry,
and any reference in that subsection to the Minister includes a reference to the Minister of State or Senior Minister of State, or the Parliamentary Secretary or Senior Parliamentary Secretary, so designated for that appeal.
[7/2016]
(13) No liability shall lie personally against any person appointed under subsection (9)(b) to conduct a parenting programme who, acting in good faith and with reasonable care, does or omits to do anything for the purposes of that parenting programme.
[7/2016]
(14) In this section —
“excluded party” means a prescribed party who is exempted, by rules made under section 180, from subsection (1);
“parenting programme” means a programme —
(a)
which provides information on matters relating to marriage, divorce and how divorce may affect a child of a marriage; and
(b)
the form, contents and duration of which are determined by the Minister under subsection (9)(a);
“prescribed party” means a party to a marriage who is prescribed, by rules made under section 180, for the purposes of this section.
[7/2016]
Divorce may be granted only if marriage has irretrievably broken down, etc.
95.—(1) Either party to a marriage may apply to the court for a divorce.
(2) A divorce is to be granted if and only if the court is satisfied that —
(a)
the marriage has irretrievably broken down;
[Act 21 of 2023 wef 01/07/2024]
(b)
if the applicant is relying on section 95A(1)(a), (b) or (c) — the applicant is not relying on his or her own adultery, behaviour or desertion, as the case may be; and
[Act 21 of 2023 wef 01/07/2024]
(c)
it is just and reasonable to grant the divorce, having regard to all relevant circumstances, including —
(i)
the conduct of the parties; and
(ii)
how a divorce would affect the parties and any child of the marriage.
[Act 21 of 2023 wef 01/07/2024]
(3) The court must dismiss an application for divorce if it is not satisfied as to the matters in subsection (2).
(4) The court may grant an interim judgment for divorce (which may be subject to terms).
[Act 3 of 2022 wef 01/07/2024]
What constitutes the irretrievable breakdown of a marriage
95A.—(1) For the purposes of this Act, a marriage between X and Y is taken to have irretrievably broken down if and only if —
(a)
X has committed adultery and Y finds it intolerable to live with X;
(b)
X has behaved in such a way that Y cannot reasonably be expected to live with X;
(c)
X has deserted Y for a continuous period of 2 or more years immediately before the application for divorce;
(d)
X and Y —
(i)
have lived apart for a continuous period of 3 or more years immediately before the application for divorce; and
(ii)
consent to a divorce being granted by the court;
(e)
X and Y have lived apart for a continuous period of 4 or more years immediately before the application for divorce; or
(f)
subject to subsection (6)(c), X and Y agree that the marriage has irretrievably broken down.
(2) For the purposes of subsection (1)(a) —
(a)
if Y continues to live together with X for a total of 6 months or less despite knowing that X has committed an act of adultery, the fact that Y continued to live with X must be ignored in deciding whether Y finds it intolerable to live with X; and
(b)
if Y continues to live together with X for more than 6 months despite knowing that X has committed an act of adultery, Y may not rely on that act of adultery.
(3) For the purposes of subsection (1)(b), if Y continues to live together with X for a total of 6 months or less after the most recent instance of the relevant behaviour by X, the fact that Y continued to live together with X must be ignored in deciding whether Y can reasonably be expected to live with X.
(4) For the purposes of subsection (1)(c) —
(a)
a period of desertion is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but
(b)
the period during which X and Y lived together does not count towards the length of the period of desertion.
(5) For the purposes of subsection (1)(d) and (e) —
(a)
a period of living apart is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but
(b)
the period during which X and Y lived together does not count towards the length of the period of living apart.
(6) For the purposes of subsection (1)(f) —
(a)
an agreement must be in writing and must state the following matters:
(i)
the reasons leading X and Y to conclude that their marriage has irretrievably broken down;
(ii)
the efforts X and Y have made to reconcile;
(iii)
the consideration X and Y have given to the arrangements to be made in relation to their financial affairs and any child of the marriage;
(b)
the court must consider the stated matters in deciding whether to exercise its powers under Divisions 3 and 4 of Part 10A (amicable settlement of disputes); and
(c)
the court must not accept the agreement if it considers, in all the circumstances of the case, that there remains a reasonable possibility that X and Y might reconcile.
(7) In this section, “live together” means live together in the same household.
[Act 3 of 2022 wef 01/07/2024]
Rules to provide for agreements to be referred to court
96. Provision may be made by the Family Justice Rules for enabling the parties to a marriage, or either of them, on application made either before or after the filing of the originating application for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings for divorce which are contemplated or have begun (as the case may be), and for enabling the court to express an opinion, should the court think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions (if any) in the matter as the court thinks fit.
[27/2014]
[Act 18 of 2023 wef 15/10/2024]
[Act 18 of 2023 wef 16/01/2025]
Intervention of Attorney-General
97.—(1) In the case of any proceedings for divorce —
(a)
the court may, if it thinks fit, direct all necessary papers to be sent to the Attorney‑General, and the Attorney‑General may argue before the court any question in relation to the matter which the court considers it necessary or expedient to be fully argued; and
(b)
any person may, at any time during the progress of the proceedings or before the interim judgment is made final, give information to the Attorney‑General on any matter material to the due decision of the case, and the Attorney‑General may thereupon take such steps as he or she considers necessary or expedient.
(2) If the Attorney‑General intervenes or shows cause against an interim judgment in any proceedings for divorce, the court may order one or more of the parties to the proceedings to pay the costs of the Attorney‑General.
Relief for other party in divorce proceedings
98.—(1) This section applies where —
(a)
one party to a marriage (X) applies for a divorce; and
(b)
the other party to the marriage (Y) alleges and proves that the marriage has irretrievably broken down.
(2) The court may give to Y any relief to which Y would be entitled if Y had applied for a divorce.
[Act 3 of 2022 wef 01/07/2024]
Interim judgment and proceedings thereafter
99.—(1) Every judgment of divorce is in the first instance an interim judgment and must not be made final before the expiration of 3 months from its grant unless the court by general or special order from time to time fixes a shorter period.
(2) Where a judgment of divorce has been granted but not made final, then without prejudice to section 97, any person may show cause why the judgment should not be made final by reason of the material facts not having been brought before the court, and in such a case the court may —
(a)
notwithstanding subsection (1), make the judgment final;
(b)
rescind the interim judgment;
(c)
require further inquiry; or
(d)
otherwise deal with the case as it thinks fit.
(3) Where an interim judgment of divorce has been granted and no application for it to be made final has been made by the party to whom it was granted, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court and on that application the court may —
(a)
notwithstanding subsection (1), make the judgment final;
(b)
rescind the interim judgment;
(c)
require further inquiry; or
(d)
otherwise deal with the case as it thinks fit.
Proceedings for interim judgment of presumption of death and divorce
100.—(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may file an originating application to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make an interim judgment of presumption of death and of divorce.
[Act 18 of 2023 wef 15/10/2024]
(2) In any such proceedings, the fact that for a period of 7 years or more the other party to the marriage has been continually absent from the applicant, and the applicant has no reason to believe that the other party has been living within that time, is evidence that the other party is dead until the contrary is proved.
[Act 18 of 2023 wef 15/10/2024]
(3) Section 99 applies to an originating application and a judgment under this section as it applies to an originating application for divorce and a judgment of divorce, respectively.
[Act 18 of 2023 wef 15/10/2024]
Rescission of interim judgment in certain circumstances where one party misled by other party
100A.—(1) This section applies where —
(a)
the court has granted an interim judgment of divorce; and
(b)
the interim judgment is given only on the ground that the marriage has irretrievably broken down under the circumstances mentioned in section 95A(1)(d) or (f) (and under no other circumstances).
(2) The court may rescind the interim judgment if —
(a)
the court is satisfied that —
(i)
the party who applied for divorce (X) misled (whether intentionally or not) the other party (Y) about any matter; and
(ii)
Y took that matter into account in consenting to the grant of the divorce or agreeing that the marriage has irretrievably broken down, as the case may be; and
(b)
Y has applied for rescission of the interim judgment at any time before the interim judgment is made final.