Courts in Singapore Encouraging Couples to Pursue Reconciliation Before Divorce

SINGAPORE – In a significant shift in the way divorce cases are handled, Singaporean courts may now require divorcing couples to seek help in attempting to save their marriages if there exists a "reasonable possibility of reconciliation." This move reflects a growing trend towards amicable separations and the minimization of conflicts during the divorce process.

Under the new provisions effective July 1, couples filing for divorce by mutual agreement are mandated to provide details of their reconciliation attempts. This includes attending therapy or counseling sessions with trained professionals. If the courts determine there is potential for salvaging the marriage, they can direct couples to engage further with counselors before proceeding with the divorce.

Presiding Judge Teh Hwee Hwee of the Family Justice Courts (FJC) emphasized the courts' commitment to evaluating each case carefully, stating, "We will not grant a divorce if it believes there remains a reasonable possibility of reconciliation." This statement underscores the importance placed on marital preservation, particularly when children are involved.

To qualify for a divorce by mutual consent, couples must demonstrate that their marriage has irretrievably broken down. They need to articulate the reasons for this conclusion while exploring their reconciliation efforts. Moreover, the courts will analyze various factors, such as the duration of separation and any new relationships formed by either party.

The introduction of the mutual agreement as a valid ground for divorce has simplified the process compared to the previous system, which required couples to cite fault-based reasons like adultery or unreasonable behavior. This change aims to reduce bitterness and the emotional toll often associated with contentious separations.

As of the end of August, only about 8% of divorces filed in Singapore were under the mutual agreement clause, a figure that lawyers anticipate will rise as more couples prefer this less adversarial route. Many clients have reportedly delayed filing for divorce until the new stipulation was enacted, desiring a solution that minimizes conflict and harms to children.

Experts in family law recognize the preference for divorce by mutual agreement, largely due to its potential to provide a smoother transition for families. Ms. Angelina Hing from Integro Law Chambers noted that clients are highly aware of the implications of fault-based divorces and often opt for mutual consent to maintain peace.

Furthermore, during the 2022 debate on changes to the Women’s Charter, Minister Sun Xueling highlighted concerns regarding the impact of blame on children caught in the midst of parental disputes. The objective of the new legal framework is to foster a more collaborative and supportive environment for families navigating divorce.

It is noteworthy that 2023 statistics indicate that the predominant grounds for civil divorce remain grounded in unreasonable behavior and separation, reaffirming that while the mutual agreement provision is a step towards reducing acrimony, it is not a panacea for all. Legal experts caution that the revised route still demands substantial evidence of the marriage's irretrievable breakdown.

Overall, while the implementation of divorce by mutual agreement marks a progressive step for family law in Singapore, it also reflects an evolving understanding of the complexities surrounding marriage, separation, and the overarching goal of safeguarding family well-being during difficult transitions.