Divorce by mutual agreement is a new reason that a couple can rely on to show that their marriage has broken down irretrievably. This is still in the pipeline and expected to come into effect sometime in 2023.

In Singapore, divorce takes place in 2 stages. Find out more about divorce proceedings here. https://www.gracelaw.sg/practice-areas/divorce

There are 5 other reasons that one can presently rely on to establish that one’s marriage has broken down irretrievably. They are (i) Adultery; (ii) Unreasonable behavior; (iii) Desertion (2 years); (iv) Separation by consent (3 years); and (v) Separation without consent (4 years).

What are the Requirements for Divorce by Mutual Agreement?

Parties must be married for minimum 3 years before divorce proceedings can commence.

The requirements for divorce by Mutual Agreement include:

-         That the Agreement must be in writing;

-         That parties include the reasons leading to the irretrievable breakdown of the marriage;

-         That parties specify what efforts have been made to reconcile;

-         That parties specify the considerations they have given to arrangements made in relation to their financial affairs and to any child to the marriage.

The Court must also be satisfied that parties are acting voluntarily and have sufficient knowledge of the Agreement.

What if the Court deems that reconciliation is possible?

If the Court is convinced that there is a reasonable possibility of reconciliation, the Court will reject the application and make directions for parties to for instance, undergo mediation or counselling.

What are the benefits of divorce by mutual agreement as compared to the other reasons?

·        Less finger pointing or blaming leading to less acrimonious divorce proceedings

·        Bandwidth to think about the bigger picture such as the children’s best interests, co-parenting and fair maintenance and asset-division.

·        Huge savings on legal costs

·        No waiting out 3 or 4 years to rely on ground of separation

Find out more about divorce by mutual agreement? At Grace Law LLC, we will guide you step-by-step and advise you the best way forward. Contact us at 6220-6364 or drop us an email at info@gracem.com.sg.

‍