With effect from 1 July 2024, couples can opt to cite divorce by mutual agreement (“DMA“) as a sixth fact of divorce as the relevant sections of the Women’s Charter (Amendment) Act 2022 (“Act“) have now come into force.
By way of background, the Women’s Charter 1961 requires parties to prove the “irretrievable breakdown of the marriage” before a divorce may be granted. To do so, parties would have to cite one or more facts of divorce.
Before 1 July 2024, there were three fault-based facts (adultery, desertion, and unreasonable behaviour) and two non-fault facts (separation of three years with consent, or four years without consent). This required parties to either point fingers at each other when establishing the fault-based facts, with children potentially caught in the crossfire, or experience a lengthy separation period during which the relationship would likely remain tense and unstable. Sometimes, while there could be agreement on other ancillary issues, the allegations of fault for the breakdown of the marriage may create a disagreement which impedes an amicable resolution of the divorce.
To reduce acrimony and allow the family to heal and move on, the Act establishes DMA as a sixth non-fault fact. Parties relying on DMA must submit the following details to the court:
(a) The reasons leading parties to conclude that their marriage has irretrievably broken down. Unlike fault-based facts, parties may take joint responsibility for the breakdown of their marriage.
(b) The efforts made to reconcile. Where reconciliation efforts are few and insufficient, the court may choose not to accept the agreement.
(c) Considerations have been made in relation to the arrangements for the parties’ children and financial affairs.
The court must reject any agreement if it considers that reconciliation is reasonably possible, and may send the parties for mediation, counselling, and family support programmes.
To avoid “quick and easy” divorces, the safeguards in the current divorce framework will continue to apply. These include (i) a moratorium period of three years before divorce may be filed, and (ii) a minimum three-month period before divorce may be finalised.
Click on the following links for more information:
- Available on the Ministry of Social and Family Development (“MSF“) website at www.msf.gov.sg:
- Available on the Singapore Statutes Online website at sso.agc.gov.sg:
Disclaimer
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this publication are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this publication may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information in this publication is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information in this publication does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information in this publication.
