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:
