How to apply for divorce in Singapore

How to apply for a divorce in Singapore and top reasons to hire a skilled divorce lawyer

An expat divorce overseas adds a whole level of complexity but the right attorney can provide clarity amid confusion. They bring invaluable knowledge of local laws and court procedures, and help you navigate the process – from asset division and alimony to child custody arrangements. In this article, divorce lawyers in Singapore walk us through the various aspects of how to apply for a divorce in Singapore, including “divorce by mutual agreement” that came into force in July 2024.

Considering jurisdictions for divorce in Singapore

SARAH-MAE THOMAS, Managing Director of family law firm Sarah-Mae Thomas LLC, is dually qualified in the Australian state of Victoria and in Singapore. She has a breadth of experience spanning over ten years in managing affairs ranging from wills, probate and estate planning to guardianship, custody, and divorce for local and international families.

“When it comes to expat divorce, the trendy term ‘jurisdiction-shopping’ is often misunderstood,” Sarah-Mae explains. “It’s important not to get swayed by perceived quick wins a particular jurisdiction may offer. Instead, expatriate couples should consider factors like their long-term plans, children’s education plans and where they have a better support system.”

In addition, certain jurisdictions impose residency requirements on their citizens and residents before they can divorce. Sarah-Mae points out that expats who are long-term residents in Singapore might find themselves ineligible to file for divorce in their home country after all.

The first consideration when choosing a jurisdiction is feasibility. “It should be convenient to meet lawyers, sign documents, and make physical appearances in Court.” If the couple chooses to remain here for their careers and the children’s education, then Singapore would be the sensible jurisdiction. That is so long as they meet the three-year habitual residency criteria or one of the spouses is Singaporean/PR.

“However, in instances where the family intends to return to their home country after divorce, the home country could be the sensible jurisdiction,” says Sarah-Mae. Agreeing on the children’s education plan can save a divorcing couple financial and emotional stress.

“When divorcing expatriate couples disagree on their children’s residency in a child relocation application, Singapore Courts prioritise the children’s welfare, not where the caregiving parent has a higher earning capacity.”

According to Sarah-Mae, the Court makes a decision based on an aggregate of factors. These include where the bigger support group of grandparents and relatives is located, or where the children have a better community of school and leisure activities. They’ll even consider the children’s own ideas and preferences. The Court may obtain the child’s views through a judge interview or through the commissioning of a counsellor’s report. (This depends on the child’s age and maturity – usually seven years old and up.)

If relocation is part of the plan, Sarah-Mae also advises to appoint lawyers in both your current and destination countries to facilitate a smooth return.

Sarah-Mae Thomas LLC – divorce jurisdictions
#04-01 Royal Merukh SEA, 21 Merchant Road
9657 0693 | sarahmaethomasllc.com

How to work out division of matrimonial assets

VIVIENE SANDHU brings over 25 years of experience to the practice of family law in Singapore. As Co-Managing Partner at Clifford Law LLP, a firm well-regarded for its work in family, employment and negligence matters, Viviene is known for her thoughtful, client-focused approach and her ability to navigate even the most complex matrimonial disputes with clarity and care.

One area this divorce lawyer in Singapore often helps clients understand is the treatment of gifts in divorce proceedings. “Many believe gifts given by one spouse to the other remain personal property in the event of a divorce,” she says. “But this isn’t always the case. Under the Women’s Charter, gifts can be classified as matrimonial assets if they have been substantially improved or used for the family’s benefit.

“For example, an inherited apartment that was renovated together and lived in as the family home could be subject to division.”

Luxury goods are another common point of contention. A diamond necklace given on an anniversary or a Hermès handbag purchased during the marriage may feel deeply personal. Yet, if these items were bought using personal funds and gifted between spouses, they are treated as interspousal gifts, acquired during the marriage and included in the pool of matrimonial assets.

In family law, it’s not just about who received the gift. How it was acquired is also important, and whether it contributed to the shared life. Viviene’s approach on applying for divorce in Singapore is grounded in fairness, recognising both financial and non-financial contributions, such as caregiving and household responsibilities. Sentiment may be personal, but the law is practical.

Clifford Law LLP – divorce lawyers in Singapore
#08-04 The Adelphi, 1 Coleman Street
6223 4456 | cliffordlaw.sg

Requirements for divorce in Singapore by mutual agreement

MICHELLE WOODWORTH has over 27 years of experience as a family lawyer, including serving as a Family Court District Judge, mediation advocate and Principal Mediator with the Singapore Mediation Centre and Senior Mediator with the Law Society of Singapore.

“A sixth fact to support the irretrievable breakdown of a marriage has been introduced to the Women’s Charter allowing a husband and wife to agree to dissolve their marriage if certain criteria are met,” says Michelle.

The court will only grant a divorce by mutual agreement if satisfied that it is just and reasonable to do so taking into account all relevant circumstances, including the conduct of the parties and how a divorce would affect them and any child of the marriage. “It won’t accept the agreement to divorce if it considers there remains a reasonable possibility for reconciliation between the husband and wife,” adds Michelle.

To qualify for divorce by mutual agreement, the couple must sign a written form including the following:

• Reasons for the breakdown of the marriage – a bare agreement without explanation is not enough.
• Efforts to reconcile – details of efforts made such as the number of attempts, nature of efforts and whether and what external help was sought.
• Why further efforts to reconcile will not lead to a reasonable possibility of reconciliation – details of other options that remain unexplored and why, considering the efforts made, parties believe that further attempts are unlikely to succeed.
• Consideration to arrangements for financial affairs including any agreements reached on custody, care and control of the children of the marriage, division of assets, spousal and child maintenance.

“Hopefully, where parties decide to uncouple with consciousness and agreement, they’ll have a better foundation to work on and resolve their ancillary matters, such as children’s issues and financial matters.”

Quahe Woo & Palmer LLC – for divorce lawyers in Singapore
#08-00 SLF Building, 510 Thomson Road
6622 0366 | qwp.sg

Cross-border child custody and access

YUE-EN CHONG, Managing Director of Bethel Chambers LLC, is a family and divorce lawyer with over 15 years’ experience. He specialises in cross border probate and estate, divorce litigation, mediation, parenting coordination, collaborative family practice and resolving cross-border custody disputes. He also holds a masters of counselling.

“Divorce is challenging. That’s especially the case when you and your ex can’t agree on child custody arrangements, whether in Singapore or elsewhere,” says Yue-En. Sometimes there’s the heartbreak of not being able to see your child because your visitation orders are not being respected by your former spouse. Even worse is the fear of your former spouse taking your child to another country without your consent.

“For expat families in Singapore, custody and cross-border custody disputes can become long, painful and emotionally draining.” Yue-En refers to a recent high-profile case of a British mother and her Singaporean ex-husband, who fought for custody of their eight-year-old autistic son. After returning to the UK post-divorce, the mother sought full care and control. She was denied by Singapore’s courts.

The court ruled in favour of keeping the child in Singapore, where he was thriving in a specialised autism programme. The four-year battle disrupted the boy’s care and left both parents emotionally and financially strained.

“The child’s best interests are always paramount. Yet, cross-border custody disputes often complicate this, especially when immigration laws and different legal systems come into play,” says Yue-En. He continues that for expat families applying for divorce in Singapore, securing visitation and care arrangements while navigating these complexities can feel overwhelming. Guardianship may also become relevant, particularly if one parent is unable to care for a special needs child. “And, if a child is taken to another country without consent, the Hague Convention might be needed to bring them back safely.”

Bethel Chambers LLC – specialising in mediation and cross-border disputes
39B Neil Road, Level 3
6980 0230 | bethelchambers.com

Found this article on how to apply for divorce in Singapore and requirements for divorce by mutual agreement useful? Once you have a divorce lawyer and things are on track, maybe it’s time to focus on you. Check out some stories in our Wellness section. 

This article first appeared in the December 2025 edition of Expat Living. You can purchase the latest issue or subscribe so you never miss a copy!

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