In Singapore, either the husband or the wife can initiate the divorce process on a fault or non-fault basis. According to the law, there is only one ground for divorce, which is the fact that the marriage has broken down irretrievably. You can rely on different facts to prove that the marriage has broken down beyond repair. The most common grounds for divorce that are being relied on are:

1. Adultery
   • If you are filing on grounds of adultery, divorce proceedings must commerce within six months of the guilty party's confession or upon the discovery of the improper conduct. In addition, the applicable initiating the divorce under grounds of adultery will have to produce relevant evidence of the improper conduct.
   • Examples of common evidence of adultery would be private investigator's report, intimate photographs, text message or email conversation. There can be other forms of examples based on individual cases.
   • Pursant to Section 95 (5) (b) of the Women's Charter, adultery will not be considered as a fact for divorce if both parties continue to stay together for more than six months after the initial discovery.
   • The party who committed adultery can not use his / her improper conduct as a reason to file for divorce.
2. Unreasonable Behavior by the Other Party
   • Under the grounds of unreasonable behavior, the marriage must be proved to be irretrievably broken down when one party is no longer expected to live reasonably with the other.
   • Unreasonable behavior ("UB") is a broad and subjective topic. It includes any unreasonable acts (such as domestic violence, etc) or a failure to act (such as not spending time with the family at all, etc). Despite its subjective nature, UB does not include mere unhappiness or the realization that the couple is not suitable for each other.
   • The Court will take into account all contributions and courses of actions taken by both parties through the marriage when divorce is filed under grounds of unreasonable behaviors.
   • Unreasonable Behavior can be taking into consideration where
     • (I) The question of whether the petitioner finds it intolerable to stay with the respondent must be answered subjectively by the petitioner;
     • (ii) When dealing with behavior, the question whether the petitioner can reasonably be expected to stay with the respondent, is for the court to decide objectively.
     • (iii) The Court will also take into account any cumulative effects that the said behavior might bring. The UB in consideration is not limited to just the petitioner / respondent, but also to other family members or even outsiders, as long as it is of relevance to the marriage.
   • Nonetheless, the above test is not a clearly defined rule. It would be best to consult a Singapore divorce lawyer who would be able to provide you with the appropriate legal advice based on your current situation.
3. Desertion
   • Pursant to Section 95 (3) (c) of the Women's Charter, the Plaintiff must show evidence that the Defendant has dismissed him or her for a continuous period of at least two years without the intention of returning if divorce is to be filed under the ground of desertion.
4. 3-year separation with consent
   • For this to be accepted as a ground for divorce, both parties have to live separately / apart continuously for at least three years with the consent of the Defendant before the filing of the writ is done with the consent of the Defendant.
   • In some situations, a Deed of Separation is issued with the starting date of the official separation to present to the Court during the divorce proceedings.
   • In the event that both parties reconcile during the period of separation, the reconciliation period is disregarded as long as it does not exceed six months continuously.
   • If you need a Deed of Separation, it is best to seek consultation from a matrimonial lawyer for advice so that you can ensure that it is legal and binding.
5. 4-year separation without consent
   • This means that the couple has already been living separately for at least 4 years continuously. In such cases, the plaintiffiff does not need the consent of the defendant to file for divorce. Even so, it is best for the plaintiff to produce as much evidence as possible to prove the duration of separation.
   • If you are unsure of the evidence that you should produce to prove the separation, you should always consult a top dispute lawyer for legal advice on whether you have met the requirements to file for a divorce in Singapore.