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Divorce by Mutual Agreement

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

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

There are 5 otherreasons that one can presently rely on to establish that one’s marriage hasbroken 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 theRequirements for Divorce by Mutual Agreement?

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

The requirements fordivorce by Mutual Agreement include:

-         That the Agreementmust be in writing;

-         Thatparties include the reasons leading to the irretrievable breakdown of the marriage;

-         Thatparties specify what efforts have been made to reconcile;

-         Thatparties specify the considerations they have given to arrangements made inrelation to their financial affairs and to any child to the marriage.

The Court must also besatisfied that parties are acting voluntarily and have sufficient knowledge ofthe Agreement.

What if the Courtdeems that reconciliation is possible?

If the Court isconvinced that there is a reasonable possibility of reconciliation, the Court willreject the application and make directions for parties to for instance, undergomediation or counselling.

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

·        Lessfinger pointing or blaming leading to less acrimonious divorce proceedings

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

·        Hugesavings on legal costs

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

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

Written by
Grace Malathy