Mutual Divorce Agreement in Singapore

What is a Divorce by Mutual Agreement?

Starting from 1 July 2024, married couples in Singapore can file for a divorce citing the reason of “Divorce by Mutual Agreement” (“DMA”), if both parties agree that their marriage has irretrievably broken down.

This new pathway, introduced as part of the various amendments to the Women’s Charter, allows married couples to divorce, without assigning fault on one another, thus reducing reduce acrimony and promotes a more peaceful resolution. 

As compared to fault-based reasons such as filing for divorce based on adultery and unreasonable behaviour, filing a divorce via DMA route is better in preserving a cordial relationship between the couple.  This is important when they must continue to co-parent their children long after the divorce ends.

Key Features of Divorce by Mutual Agreement

1. No Fault Required: There is no need for the party filing the divorce to prove that his or her spouse is to be blamed for causing the breakdown of the marriage. 
2. No Separation Required: Couples no longer need to undergo a lengthy 3-year or 4-year separation period. Instead, they can mutually agree that their marriage has broken down irretrievably. In land-scarce Singapore, most couples find it difficult to live apart for a lengthy period as they have limited financial resources to find alternative accommodation or that they simply do not have spare bedrooms to sleep separately.
3. Parties need to cooperate and sign an agreement: Couples must sign an agreement consenting to filing the divorce by DMA.  The parties must also state in the agreement how they have considered and tried to cooperate to reach a settlement on ancillary issues such as child custody, property division, and financial arrangements.
4. Simplified Track Process: If the paperwork is in order, there is no need for the parties to attend divorce trials. And if the parties can reach a full settlement on all the ancillary issues, there is no need for them to attend court at all.  Filing a divorce by DMA through a simplified track is faster and more cost-effective as compared to contested divorces​.

Requirements for DMA

Under sections 94(1), 95A(1)(f) and 95A (6) of the Women’s Charter 1961, married couples must satisfy the following conditions: –

• Be married for at least three years.
• Provide a written agreement signed by both parties stating:
  • Reasons to conclude that their marriage has irretrievably broken down.
  • Their efforts and attempts made to reconcile the marriage such as attending marriage counselling sessions.
  • They have considered and attempted to make arrangements relating to their financial matters and care of their children​.

How the Process Works

1. Drafting the Agreement: The party applying for the divorce first instructs a lawyer for legal advice and guidance.  Both parties discuss and agree on the terms of their written agreement for the DMA. 
2. Filing the Agreement: The lawyer e-files the written agreement together with the other relevant divorce papers and supporting documents to the Family Justice Courts.
3. Court Review: The Court reviews the agreement to ensure it meets all legal requirements and that there is no reasonable possibility of reconciliation​.  If the Court is satisfied that all legal requirements have been fulfilled, the Court grants Interim Judgment.  If all ancillary issues are resolved, Final Judgment can be issued after 3 months from the date of Interim Judgment.

Mandatory Co-Parenting Programme (CPP)

From July 1, 2024, couples with minor children opting for DMA must attend the Co-Parenting Programme even if they have agreed on children’s arrangements. This programme helps parents to focus on their children’s welfare and establish effective co-parenting arrangements​.

Benefits of DMA

• Reduced Conflict: By eliminating the need for fault-based reasons, DMA helps reduce emotional distress and conflict.
• Cost-Effective: The process is typically cheaper than contested divorces due to simplified legal procedure.
• Faster Resolution: Without the need for trials, having a divorce via the DMA route can expedite the divorce process.

Filing a divorce via DMA route does not guarantee a divorce

It is crucial to understand that even if both parties want a divorce and are cooperative in signing the DMA agreement, there is still a possibility that the Court may not grant the divorce.  This is because when couples file for a divorce under the DMA route, there is a legal requirement for the Court to consider all the circumstances of the case, before deciding on whether there is a reasonable possibility that the parties might reconcile. 

In the event the Court is of the view that there is a reasonable possibility of reconciliation, the signed DMA agreement will not be accepted, and hence the divorce will not be granted.

Parties who seek to file a divorce via the DMA would find it useful engaging an experienced divorce lawyer to render legal advice and help draft the written agreement to ensure that important details are not left out.

Disputes can still arise when parties discuss about ancillary issues, such as financial settlements or child custody arrangements. Even if the couples can reach a consensus on the ancillary issues on their own, it may still be a good idea to consult an experienced divorce lawyer before finalising the agreement.  The benefit of making an informed decision is that it allows one to consider relevant information, weigh potential risks and benefits of the terms before entering into a legally binding agreement.

A Progressive Step

Divorce by Mutual Agreement represents a progressive step in Singapore’s family law, offering a more compassionate and streamlined approach to ending marriages. For more detailed information and assistance, it’s advisable to seek legal counsel to navigate this new process effectively.