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November 7, 2025 Uncategorized

Can Expats Get Divorced in Singapore? A Step-by-Step Guide to Your Legal Rights

What happens when an expat marriage in Singapore comes to an end? 

Imagine this: you moved halfway across the world to build a life with your spouse, but now the marriage is breaking down. Do you return home, or remain in Singapore for work? What about your children who hold dual citizenship, or assets spread across multiple countries? 

For expats, divorce is not just the end of a relationship – it is the start of a complex legal journey shaped by both Singapore law and international realities.

If you are an expatriate navigating divorce in Singapore, understanding the key legal steps can help you move forward with clarity and confidence.

Step 1 – Check Your Eligibility 

The Singapore courts will only hear a divorce case if they have jurisdiction. Either you or your spouse must be a Singaporean Citizen, or have lived here continuously for at least three years. You must also have been married for at least 3 years, unless you can prove exceptional hardship and obtain permission from the court. 

Note: Couples married under Syariah Law must file in the Syariah Court 

Beyond these basic eligibility rules, expatriate couples often ask whether it matters where they were married or what their nationalities are.

Can Expats Get Divorced in Singapore?

Many expatriate couples wonder whether they can file for divorce in Singapore – especially if they married overseas or if only one spouse is a Singapore citizen. 

The short answer is yes, but it depends on how strongly you or your spouse are connected to Singapore.

A. When Both Spouses Are Foreigners 

Two foreigners who married outside Singapore can file for divorce here if one of them meets the requirements under Section 93 of the Women’s Charter 

  • The spouse is permanently residing in Singapore, or 
  • Has habitually resided here for at least three continuous years before starting proceedings

Example: 

A French couple wed in Paris but have lived and worked in Singapore for the last four years may apply for divorce in Singapore, as long as they have sufficient legal and factual connection to Singapore at the time of filing.

B. When Only One Spouse Is Singaporean

If one spouse is a Singapore Citizen or Permanent Resident, the connection to Singapore is usually clear – citizens are presumed permanently residing  in Singapore. 

That means the Singapore courts generally have jurisdiction, even if the foreign spouse wishes to return home. 

Example: 

A Singaporean married to an Australian who both live in Singapore can file for divorce here. Even if the foreign spouse later relocates, the Singapore court can still hear the case, as long as requirements were met at the time of filing.

However, if most assets or family life are overseas, the court will consider whether Singapore is the most appropriate forum to handle the matter.

So, Does It Matter Where You Get Married? 

No. A marriage solemnised overseas can still be dissolved in Singapore as long as the court has jurisdiction. However, if the marriage was conducted under religious or foreign law (for example, under Syariah Law), the process differs. Muslim couples must file in the Syariah Court.

In Summary 

Regardless whether both parties are foreign or if only one spouse is Singaporean, what matters is your legal connection to Singapore. 

If you have been living, working, or building your family life here, the Singapore courts can likely hear your divorce. 

If you meet these requirements, the next step is to establish the legal grounds for divorce in Singapore.

Step 2 – Establish Grounds for Divorce 

There is only one legal ground for divorce in Singapore: the irretrievable breakdown of marriage. This may be proven through: 

  • Adultery, where continuing the marriage becomes intolerable 
  • Unreasonable behaviour such as abuse, neglect, or reckless conduct
  • Desertion for at least 2 years 
  • Separation for three years with consent, or four years without consent
  • Mutual agreement, where both spouses confirm that reconciliation has failed

Step 3 – Contested vs Uncontested Divorce 

  • Uncontested divorce occurs when both spouses agree to end the marriage and resolve all issues (child custody, maintenance, and division of assets).These cases may proceed on the Simplified Track, and typically conclude within about 4 months from filing, making the process faster, smoother, and more cost-efficient.
  • Contested divorce arises when disagreements remain on any issue. Such cases follow the Normal Track, which involves court hearings and detailed negotiations. This process usually takes around 12 to 18 months to conclude, depending on the complexity of the dispute and how quickly parties exchange information.

Step 4 – Filing the Divorce Application 

The process begins with an Originating Application filed through eLitigation. 

  • Papers must be served promptly (typically within 14 days after filing)
  • If the spouse contests, they must file a Notice to Contest within 14 days, and a Reply within 28 days
  • For uncontested divorces, the case may proceed on the Simplified Track, which shortens the process

Step 5 – The Two-Stage Court Process 

Divorce in Singapore has two stages.

Interim judgement 

The court reviews the case and if, satisfied, grants an Interim judgement confirming that the marriage has broken down. 

Ancillary Matters

The court the addresses related issues, including: 

  • Division of matrimonial assets (including overseas property)
  • Custody, care, and access for children 
  • Maintenance for spouse or children 

Final Judgement of Divorce 

Only when all matters are resolved does the court issue a Final Judgement of Divorce, formally ending the marriage.

Why Expat Cases Are Unique

Expat divorces often involve:

  • Overseas property and cross-border disputes.
  • Recognition of divorce in other countries.
  • Foreign prenuptial or postnuptial agreements, which may influence decisions but are not automatically binding in Singapore.

These complexities make legal guidance essential for expatriates.

How LP Law Can Help 

At LP Law Corporation, we know that expat divorces carry unique challenges – from diving assets across borders to ensuring your children’s future is secure. We provide more than legal advice: we offer clarity, strategy, and support at every step. Our goal is to safeguard your rights while reducing the stress of a process that can feel overwhelming.

With LP Law by your side, you don’t have to face this alone. Contact us today and let us help you move forward with confidence.

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