Singapore Okays Divorce By Mutual Agreement

Changes to the Women's Charter to allow couples to divorce without citing faults like adultery will not lead to quick and easy divorces, said Minister of State for Social and Family Development Sun Xueling, Theresa Tan, Straits Times senior social affairs correspondent reported.

Photo Insert: In Singapore, a couple has to agree that the marriage has broken down beyond repair and explain to the court the reasons that led to this conclusion.

Such divorces by mutual agreement, as they are called, mean spouses will not need to pin blame on each other, adding to the tension at home. However, the new approach will come with safeguards to prevent people from seeking an easy way out of their troubled marriages, she told Singapore’s Parliament on Jan. 10. The new rules take effect in 2023.

Speaking during the debate on amendments to the Women's Charter, which covers non-Muslim divorces, Ms. Sun said those seeking divorce after the new rules come into force will have to, for instance, show that they have made efforts to reconcile.

Also, the court has the power not to grant a divorce if it feels that reconciliation is "reasonably possible," she added. Ms. Sun said the new divorce by mutual agreement approach is unlike the "no-fault" divorces adopted in other countries, where couples are not required to prove that their marriage has broken down irretrievably or one side alone can file for divorce.

The three fault-based facts for divorce are adultery, desertion, and unreasonable behavior. There are also two facts of separation: three years’ separation with spouse’s consent, or four years without consent. Hence, divorce by mutual agreement of the irretrievable breakdown of marriage is the sixth fact for divorce.

"In Singapore, a couple has to agree that the marriage has broken down beyond repair and explain to the court the reasons that led to this conclusion. By doing so, they take responsibility for their marital woes," she said.

"A bare agreement without reasons is not enough," Ms. Sun said. She added that reasons could include deep-seated differences in values, and the aim is to avoid reasons that pin blame on only one party.

Also, one side alone cannot divorce the other by the mutual agreement option. Besides, a couple must be wed for at least three years before they can file for divorce - this rule is already in place now. All the other safeguards of the current divorce framework, such as the three-month period before the divorce is finalized, also still stand, Ms. Sun said.

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