In Singapore, a husband or wife can initiate a divorce procedure based on fault or non-fault. According to the law, there is only one reason for divorce, that is, the marriage has been irrevocably broken. You can rely on different facts to prove that the marriage has broken down and cannot be repaired. The most common basis for divorce is:
- adultery
- If you file an application on the grounds of adultery, the divorce proceedings must be traded within six months of the confession of the guilty party or when misconduct is discovered. In addition, to file a divorce on the grounds of adultery, evidence of improper conduct must be provided.
- Examples of common evidence of adultery are private investigators' reports, private photos, text messages or email conversations. Other forms of examples can exist based on individual circumstances.
- According to Article 95[5][b] of the Women's Charter, if the parties continue to stay together for more than six months after their initial discovery, adultery will not be considered a divorce fact.
- A party guilty of adultery cannot use his/her misconduct as a reason for filing a divorce.
- Unreasonable behavior of the other party
- On the basis of unreasonable behavior, when one party no longer lives reasonably with the other party, it must prove that the marriage has irrevocably broken.
- Unreasonable behavior ["UB"] is a broad and subjective topic. It includes any unreasonable behavior [such as domestic violence, etc.] or no action [such as not spending time with family, etc.]. Although UB is subjective, it does not only include misfortune or that the couple are not suitable for each other.
- When a divorce is made on the basis of unreasonable conduct, the court will consider all actions and actions taken by the parties through the marriage.
- Unreasonable behavior can be considered where
- [1] Whether the petitioner believes that the issue that the defendant cannot tolerate must be subjectively answered by the petitioner;
- [ii] When dealing with conduct, the court can objectively decide whether it is reasonable to expect the petitioner to remain in the accused.
- [iii] The court will also consider the cumulative effects of the above actions. The UB considered is not limited to the petitioner/respondent, but is also limited to other family members or even outsiders as long as it is related to marriage.
- However, the above test is not a clearly defined rule. It is best to consult a Singapore divorce lawyer who will provide you with appropriate legal advice based on your current situation.
- Abandon
- According to Section 95[3][c] of the Women's Charter, the plaintiff must produce evidence that the defendant has repeatedly dismissed him or her for at least two years, and if divorced, it does not intend to return on the basis of abandonment.
- Agreed to separate for 3 years
- In order to make it a ground for divorce, both parties must continue to separate/separate for at least three years with the consent of the accused, with the consent of the accused, with the consent of the accused.
- In some cases, the issuance of a divorce deed and the date of official separation from the court during the divorce proceedings.
- If the two parties coordinate during the separation period, the coordination period will be ignored as long as it does not exceed six months.
- If you need a separation contract, it is best to seek advice from a marriage attorney so that you can be sure that they are legal and binding.
- 4 years apart without consent
- This means that the couple have been living apart for at least 4 years. In this case, the plaintiff does not need the consent of the defendant to apply for divorce. Even so, it is best for the plaintiff to provide as much evidence as possible to prove the duration of the separation.
- If you are not sure you should show proof of separation, you should consult the highest-disciplinary attorney for legal advice on whether you meet the requirements for a divorce in Singapore.
Orignal From: Reasons for divorce in Singapore
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