Grounds of divorce in singapore
Adultery: A Breach of Marital Fidelity
One of the grounds for divorce in Singapore is adultery, where one spouse engages in sexual intercourse with a person other than their spouse. Adultery is a serious breach of marital fidelity and can be grounds for seeking the termination of the marriage. To substantiate an adultery claim, the aggrieved party must provide evidence that proves the infidelity.
2. Unreasonable Behavior: Strain on Marital Harmony
Unreasonable behavior is another commonly cited ground for divorce. It encompasses a range of behaviors that have caused the marriage to break down irretrievably. Examples include physical or emotional abuse, alcohol or substance abuse, financial irresponsibility, or any behavior that makes it intolerable for the parties to live together as spouses.
3. Desertion: Abandonment of Marital Duties
Desertion occurs when one spouse abandons the other without reasonable cause, with the intention of ending the marriage. To establish desertion as grounds for divorce, the deserted spouse must show that the separation was against their will and has persisted for at least two continuous years.
4. Separation for Three Years with Consent: Mutual Agreement to Part Ways
Singaporean law allows for divorce if the couple has lived separately for at least three years and both parties consent to the divorce. This ground recognizes situations where the marriage has irretrievably broken down, and both spouses agree that divorce is the most appropriate course of action.
5. Separation for Four Years: No Mutual Consent Required
If the spouses have lived apart for at least four years, divorce can be sought without the need for mutual consent. This ground acknowledges cases where the separation is long-standing and indicates an irreversible breakdown in the marital relationship.
Navigating the Legal Landscape: Proving Grounds for Divorce
Establishing the grounds for divorce requires a thorough understanding of legal procedures and evidence presentation. When citing adultery, evidence such as photographs, text messages, or eyewitness accounts may be presented to substantiate the claim. For unreasonable behavior, the petitioner must provide a detailed account of the behaviors that led to the irretrievable breakdown of the marriage.
Desertion cases may involve demonstrating a clear intention to abandon marital responsibilities, while separation cases require evidence of the duration and circumstances of living apart. Legal professionals, including divorce lawyers, play a crucial role in guiding individuals through this process, ensuring that the evidence presented aligns with legal requirements.
Impact on Ancillary Matters: Child Custody, Alimony, and Asset Division
The grounds for divorce not only determine the legal basis for ending the marriage but also influence ancillary matters such as child custody, alimony, and the division of matrimonial assets. Courts consider the grounds for divorce when making decisions on these ancillary matters, with the aim of ensuring a fair and just resolution for both parties.
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