Understanding Divorce Paths in Singapore: Simplified vs. Normal Track

In 2022, 7,107 divorces were registered in Singapore. To apply for a divorce, couples must provide reasons for how the marriage has broken down irretrievably, which sometimes influences whether the legal proceedings proceed on the Simplified Track or the Normal Track.

Simplified Track

A divorcing couple may file a simplified divorce application if all of the following are agreed upon:

• That the marriage has irretrievably broken down and the reasons why.
• Issues regarding any children’s issues such as care and visitation arrangements, spousal maintenance, maintenance for the children and division of the matrimonial assets.

It usually takes 6 months for a divorce application on the simplified track to be completed and for parties to receive their Final Judgment.

Normal Track

If parties cannot agree on any of the following, they may proceed with a divorce application on a normal track.

• That the marriage has irretrievably broken down and the reasons why.
• All ancillary matters (division of matrimonial assets, spousal maintenance, maintenance for the children and any care arrangements for the children), where applicable.

A divorce application on a normal track consists of 2 stages:

• The first stage deals with the dissolution of marriage (i.e. the reason for the breakdown of the marriage).
• The second stage addresses ancillary matters.

If your spouse contests the divorce, the process can take several months to several years, depending on how heavily contested the issues are.

Persistent Reasons for Divorce

The primary causes for divorce have remained consistent over the years. Specifically, 58.1% of female plaintiffs in 2022 cited the "Unreasonable Behavior" of their spouse as the reason for the divorce. On the other hand, 52.9% of male plaintiffs in 2022 cited “parties living apart or separated for three years or more” as the reason for divorce.

Despite evolving societal norms, these reasons remain as the primary drivers behind marital breakdowns.

Understanding Divorce Triggers

While compatibility issues often surface as a reason for divorce, infidelity remains a significant concern, with it being the reason for 19.1% of divorces in 2022. It is clear that adultery, among other factors like financial strain, domestic violence, and abandonment, continues to be one of the factors that leads to the breakdown of marriages, even in this modern day.

Recognizing Warning Signs

Identifying the warning signs of a faltering marriage can be instrumental to salvaging a marriage. Common indicators such as waning interest, ineffective conflict resolution, and emotional distancing often precede marital breakdowns.

Surprisingly, contrary to conventional beliefs, factors like financial strain and hastily arranged marriages rank lower as predictors of divorce.

Conflict in Divorce Proceedings

In Singapore, divorcing couples frequently get into conflicts over certain issues, including disputes over;

• how the assets should be divided,
• who the children should live with, and
• how much the husband should pay the wife.

Communication breakdowns, infidelity-related trust issues, and disparities in parenting approaches further exacerbate tensions between parties.

During such tense and multi-faceted conflicts, third-party and professional intervention through mediation and counselling may be necessary and helpful to ensure that parties are able to have a fruitful discussion regarding their next steps and that parties’ emotional needs are addressed.

Asset and Property Division

In Singapore, the division of properties, such as the matrimonial home and any joint matrimonial assets, during a divorce, presents complexities, particularly when one party wants to retain the home in their sole name.

This is further complicated by the need to adhere to Housing and Development Board (HDB) regulations and eligibility criteria. Fairly dividing assets, including any investments, joint assets and valuables, requires meticulous planning and professional guidance from legal practitioners.

When there are children involved, the welfare and living arrangements of the children are paramount and will influence the court's decisions, which may sometimes result in the primary caregiver of the children retaining the matrimonial home or receiving a larger portion of the matrimonial assets.

Child Custody & Maintenance

Child-related issues are some of the most emotionally intense and sensitive areas of divorce proceedings. Conflicts over custody, visitation, and parenting plans can heighten tensions between divorcing spouses, extend the duration of legal processes, and impact the children's welfare significantly, if not handled well.

These disputes also involve ensuring that there is adequate financial support for the children, such that their essential needs, such as education, healthcare, and daily living expenses, are met. Disagreements over the amount of maintenance, how long it should be paid for, and how much each party should contribute to the children’s maintenance can further complicate the divorce, leading to lengthy negotiations or court battles.

Such issues prompt numerous questions:

• Who makes significant decisions regarding the children?
• Who will the children live with?
• When and how often can the other parent see the children?
• How much child support should each parent pay?
• Can either party travel with the children?
• Can either party relocate with the children?
• How are holidays and vacations managed?
• What steps can I take if the orders are not adhered to?
• What are the best practices for co-parenting?
• What if my child wants to live with me full-time?

These questions underline the complexity and emotional depth of discussions concerning children during a divorce. When these issues become particularly complex, having a legal team skilled in family law is crucial to secure outcomes that best support the children's interests.

Spousal Maintenance

Disputes about spousal maintenance focus on ensuring that there is adequate financial support for a spouse, post-divorce, such that their essentials like housing and food, are met.

Disagreements over the amount that the spouse should pay, how long the spouse should pay, and when these payments should cease can increase tension, especially when one spouse has sacrificed career opportunities to manage home and family duties and is not financially independent, or when one spouse has medical conditions that affect their ability to work.

Reaching a fair resolution that considers both parties' situations and meets the legal requirements adds complexity to the divorce process.

Empowering Decision-making

Divorce affects the lives of thousands of Singaporeans. By better understanding common causes for divorce, as well as common signs of divorce, individuals and couples can proactively address underlying issues or navigate separation with clarity and dignity.

Our family lawyers at GJC Law are known for their expertise in all areas of family law, including divorce, child custody, and financial settlements. They are committed to providing personalized and compassionate legal support, ensuring that clients' rights are protected and their best interests are represented throughout the legal process.