Divorce is a difficult topic to discuss, but unfortunately, it is a reality for many couples. Presently, in Singapore, there is only one ground for a divorce which is an “irretrievable breakdown of the marriage”[1] and one of the facts to prove that a marriage has broken down irretrievably is “unreasonable behaviour”. This essentially means that the defendant (the other party to the divorce) has behaved in a way that the plaintiff (the party filling for a divorce) finds the defendant’s behavior so unbearable that it would not be reasonable to expect the plaintiff to continue living with the defendant[2]. While this may seem like a straightforward reason for divorce, the process can still be complex and emotionally taxing for both parties.
Understanding the concept of unreasonable behaviour
Unreasonable behaviour is a legal concept that is often cited as a reason for divorce. It refers to a situation where one spouse has behaved in manner such that it would be unreasonable to expect the other spouse to live with him or her. The High Court stated that in cases of unreasonable behaviour, the focus should be whether the union has become impossible instead of any consideration of blameworthiness[3]. Further, the conduct in question, whether it is active or passive, is relevant as long as it affected the plaintiff[4].
When faced with unreasonable behaviour, it is important to seek legal advice and guidance from a professional and experienced lawyer in Singapore. Finding a cheap lawyer in Singapore who specializes in family law can help provide the necessary support and representation during this challenging process, but not necessarily ensure that your rights and interests are protected.
Proving the grounds for divorce
In the process of getting a divorce due to irreconcilable differences in Singapore, it is crucial to understand the necessary steps involved in proving the grounds for divorce.
It is essential to gather evidence that substantiates the existence of irreconcilable differences between you and your spouse[5]. This can include communication records, such as text messages or emails, that demonstrate the breakdown of the marital relationship. Additionally, witness testimonies from friends, family members, or professionals who have observed the strained relationship can help support your case.
The relevance of marital agreements
A martial agreement including a prenuptial agreement may be useful when considering marriage or during the marriage itself. While it may not be the most romantic aspect of wedding preparation, a prenuptial agreement may serve as a legal safeguard that can protect both parties in the event of a divorce. It allows couples to define and establish their financial rights and obligations, as well as determine the division of assets and liabilities in a fair and agreed-upon manner[6].
The use of marital agreement during divorce proceedings is that the court may take into consideration the agreed terms of a valid marital agreement[7]. However, it is important to note that the Court of Appeal held that a marital agreement must not negate the marriage or resiles from the marriage as such marital agreements will be invalid[8].
By addressing these matters beforehand, couples can minimize potential conflicts and uncertainties, ensuring a smoother and more amicable resolution in the event of a marriage breakdown. Consulting with a professional and experienced lawyer who specializes in family law is essential to draft a comprehensive and valid prenuptial agreement that meets the legal requirements in Singapore. While cost may be a consideration, it is important to prioritize expertise and experience to ensure that the agreement accurately reflects both parties’ intentions and protects their interests in the long run.
Navigating the legal process smoothly
Navigating the legal process smoothly when it comes to divorce due to “irreconcilable differences” in Singapore requires careful planning and an understanding of the legal system.
While finding a cheap lawyer in Singapore may be a consideration, it is crucial to prioritize expertise and experience to ensure a successful outcome. A knowledgeable lawyer will guide you through each step of the process, from initiating the divorce proceedings to handling negotiations and settlements. They will ensure that all necessary documents are prepared accurately and filed on time, reducing the risk of delays or complications.
A skilled lawyer will provide sound legal advice, helping you make informed decisions regarding child custody, asset division, and spousal support. By working with a reputable lawyer who understands the complexities of Singapore’s legal system, you can navigate the divorce process smoothly and achieve a fair and equitable resolution.
[1] Section 95(1) of the Women’s Charter 1961 (“WC”)
[2] Section 95(3)(b) of the WC
[3] Teo Hoon Ping v Tan Lay Ying Angeline [2010] 1 SLR 691 at [38].
[4] Wong Siew Boey v Lee Boon Fatt [1994] 1 SLR(R) 323
[5] Section 95(2) of the WC
[6] Section 112(2)(e) of the WC
[7] Leong Wai Kum, Elements of Family Law in Singapore (Lexis Nexis, 3rd Ed, 2018) at para 4.004
[8] Kwong Sin Hwa v Lau Lee Yen [1993] 1 SLR(R) 90
