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Divorce by Mutual Agreement in Singapore

By Recording Law Editorial Team6 min read
Divorce by Mutual Agreement in Singapore

Frequently Asked Questions

What is Divorce by Mutual Agreement in Singapore?

Divorce by Mutual Agreement (DMA) is a no-fault route to divorce in which both spouses jointly agree that the marriage has irretrievably broken down. It is the sixth fact for divorce, section 95A(1)(f) of the Women’s Charter, and came into force on 1 July 2024.

When did Divorce by Mutual Agreement start in Singapore?

DMA took effect on 1 July 2024, introduced by the Women’s Charter (Amendment) Act 2022 (Act 3 of 2022). Before that date, couples had to rely on a fault-based fact or a period of separation.

What must the DMA agreement include?

Under section 95A(6)(a), the written agreement must state the reasons the couple concluded the marriage has irretrievably broken down, the efforts they made to reconcile, and the consideration they have given to arrangements for their finances and any child of the marriage.

Is a DMA divorce automatic if both spouses agree?

No. Under section 95A(6)(c) the court must refuse the agreement if it considers there is a reasonable possibility the couple might reconcile, and it can direct counselling or mediation. DMA removes the need to allege fault but not the court’s discretion.

Does the three-year rule apply to DMA?

Yes. The three-year minimum-marriage rule in section 94(1) and the jurisdiction rule in section 93 apply to a DMA divorce in the same way as to any other divorce.

Updates

Divorce by Mutual Agreement came into force as the sixth fact, section 95A(1)(f) of the Women’s Charter, under the Women’s Charter (Amendment) Act 2022 (Act 3 of 2022).

Sources and References

  1. Women’s Charter 1961, Singapore Statutes Online(sso.agc.gov.sg).gov
  2. Family Justice Courts, Divorce in Singapore: The Essentials(judiciary.gov.sg).gov
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