Since 1 July 2024, couples in Singapore have been able to end their marriage by divorce by mutual agreement, without either spouse having to blame the other. For many couples, it is the natural starting point for an uncontested divorce. This guide explains what divorce by mutual agreement is, who can apply, what the written agreement must state, and how the process works.
Quick answer:
Divorce by mutual agreement is a no-fault fact of divorce under the Women’s Charter 1961. Both spouses agree in writing that the marriage has broken down irretrievably, and explain why, what they have done to try to reconcile, and what arrangements they have considered for their children and finances.
What Is Divorce by Mutual Agreement in Singapore?
The only ground for divorce in Singapore is that the marriage has broken down irretrievably. This must be shown through one of six recognised facts. Before 1 July 2024, couples had to rely on fault, such as adultery or unreasonable behaviour, or on a period of separation or desertion.
Divorce by mutual agreement was introduced as the sixth fact by the Women’s Charter (Amendment) Act 2022. It allows both spouses to accept joint responsibility for the breakdown of the marriage, so neither has to make allegations against the other. This often makes it easier to agree on the other terms of the divorce, and to co-parent afterwards.
Key point: Divorce by mutual agreement is not a shortcut. The same safeguards apply as for any other divorce, including the three-year minimum period of marriage and the minimum waiting period before the divorce is finalised.
How Does It Compare With the Other Facts of Divorce?
Adultery
Blame alleged: Yes
Key requirement: The other spouse committed adultery, and you find it intolerable to live with themUnreasonable behaviour
Blame alleged: Yes
Key requirement: You cannot reasonably be expected to live with the other spouseDesertion
Blame alleged: Yes
Key requirement: At least two years of continuous desertionSeparation with consent
Blame alleged: No
Key requirement: At least three years’ separation, and both spouses consentSeparation without consent
Blame alleged: No
Key requirement: At least four years’ separationDivorce by mutual agreement
Blame alleged: No
Key requirement: Both spouses agree in writing that the marriage has broken down irretrievably
Why do many couples choose divorce by mutual agreement?
Unlike the fault-based facts, neither spouse needs to make allegations about the other’s conduct. Unlike the separation-based facts, the couple does not need to wait out a period of separation of three or four years. Starting from agreement also tends to set a more cooperative tone for the rest of the divorce.
Who Can Apply for Divorce by Mutual Agreement?
Three years of marriage
You must generally have been married for at least three years before filing, unless the Court allows an earlier filing on the grounds of exceptional hardship or depravity.A connection to Singapore
At least one spouse must be domiciled in Singapore, or have been habitually resident in Singapore for three years before filing.Both spouses agree
Both of you must agree that the marriage has broken down irretrievably. If one spouse does not accept this, another fact of divorce has to be relied on.The Mandatory Co-Parenting Programme
If you have at least one child below 21, you must complete the Mandatory Co-Parenting Programme before filing. Since 1 July 2024, this applies even where both parents agree on all matters.
What Must the Agreement State?
Couples relying on divorce by mutual agreement must set out their agreement in writing, and file it as part of the divorce papers. The agreement needs to explain:
Why the marriage has broken down
The reasons both spouses have reached this conclusion.The efforts made to reconcile
What the couple has tried in order to save the marriage, such as counselling.The arrangements for the children and finances
The consideration given to care arrangements for any children of the marriage, and to the couple’s financial affairs.
Key point: The Court must reject the agreement if it considers that there is still a reasonable possibility of reconciliation, and it may direct the couple to counselling, mediation or other family support programmes. Setting out genuine and complete reasons is therefore important.
Is divorce by mutual agreement the same as an uncontested divorce?
Not quite. Divorce by mutual agreement concerns the reason for the divorce. An uncontested divorce is one where the spouses agree on both the divorce and every ancillary matter, such as the division of matrimonial assets, maintenance and custody, care and control of the children. Couples can rely on divorce by mutual agreement and still disagree on the ancillary matters, which the Court will then decide. Our guide to contested vs uncontested divorce in Singapore explains the difference.
How Does the Divorce by Mutual Agreement Process Work?
Speak to a divorce lawyer
Your lawyer confirms that you are eligible, explains whether divorce by mutual agreement suits your situation, and helps you prepare the written agreement.Complete the Mandatory Co-Parenting Programme (if applicable)
Parents with a child below 21 complete the programme before the divorce papers are filed.File the divorce papers
The papers, including the written agreement, are filed with the Family Justice Courts. Where all ancillary matters are also agreed, the divorce can proceed as a simplified, uncontested divorce.Interim Judgment
If the Court accepts that the marriage has broken down irretrievably, it grants an Interim Judgment.Final Judgment
After the minimum three-month period following the Interim Judgment, and once the ancillary matters are resolved, the Final Judgment can be obtained and the marriage is formally dissolved.
How Much Does Divorce by Mutual Agreement Cost?
Where you rely on divorce by mutual agreement and agree on all ancillary matters, the divorce can proceed as a simplified, uncontested divorce. At DOT Chambers LLC, our fees for a simplified, uncontested divorce start from $1,690 (where there are no ancillary matters) and $2,890 (where there are children, maintenance or property).
Court filing fees and other disbursements are separate. Where ancillary matters are disputed, we provide clear and transparent estimates once we understand the scope and complexity of your case. You can read more on our Divorce page.
Divorce by Mutual Agreement: Frequently Asked Questions
Q: What is divorce by mutual agreement in Singapore? A: It is a no-fault fact of divorce, available since 1 July 2024, where both spouses agree in writing that the marriage has broken down irretrievably. The agreement must explain the reasons, the efforts made to reconcile, and the arrangements considered for the children and finances.
Q: Is there a no-fault divorce in Singapore? A: Yes. Divorce by mutual agreement allows couples to divorce without attributing fault to either party. Separation for three years with consent, or four years without consent, also does not involve blame.
Q: Can the Court refuse a divorce by mutual agreement? A: Yes. The Court must reject the agreement if it considers that there is a reasonable possibility of reconciliation, and it may direct the couple to counselling or mediation.
Q: Do we still need to be married for three years? A: Yes. The three-year minimum period of marriage applies to divorce by mutual agreement, unless the Court allows an earlier filing on the grounds of exceptional hardship or depravity.
Q: Can we use divorce by mutual agreement if we disagree on the assets or the children? A: Yes. Divorce by mutual agreement concerns the reason for the divorce. Any ancillary matters you cannot agree on will be decided by the Court, although many couples resolve them through negotiation or mediation.
Speak to a Divorce Lawyer About Divorce by Mutual Agreement
Divorce by mutual agreement can make the process calmer for both spouses and for the children, but the written agreement and the ancillary terms still need care. Our family law team can advise you on whether it suits your circumstances and prepare the papers with you.
If you are considering a divorce, contact us to arrange a confidential consultation with our family law team.
