Divorce By Mutual Agreement (DMA)

Divorce is often portrayed as a complex and stressful process. However, it does not always have to be that way. Since 1 July 2024, many couples have decided to opt for "mutual agreement" as the reason for the divorce. This approach allows couples to actually make the effort to work on their marriage instead of calling it quits the moment there are issues with the marriage.

Recently, our lawyer, Ms Samantha Soh, shared her insights on the topic during an interview with Channel News Asia. You can read the article here.

What is Divorce by Mutual Agreement?

Divorce by mutual agreement occurs when both spouses agree that the marriage is beyond reconciliation. It is not necessary for the parties to be separated for three or four years.

To qualify for DMA, couples need to meet a few conditions:

1. Married for at least three years

   
   

2. An agreement that the marriage is over. This agreement must include the following:

   1. reasons for the breakdown of the marriage

   2. attempts at reconciliation

   3. considerations regarding the financials and the care of the children

Why go for Divorce by Mutual Agreement?

Divorce by mutual agreement (DMA) offers a less adversarial way to get a divorce. Instead of blaming each other, you need to agree that the marriage is over. You do not need to be separated for a specific period of time before the commencement of the divorce proceedings; this can simplify the process. Here is how DMA differs from other grounds for divorce:

a. Adultery

b. Unreasonable Behaviour

c. Separation

d. Desertion

What do you need to include in your Agreement?

When applying for DMA, you must be ready to explain:

• Reconciliation attempts: details of any mediation or counselling that you have attempted and how it did not work out. For example, you can explain how the trust has been broken, how you have made attempts to reconcile but was not reciprocated

  
  

• Financial arrangements: considerations on how you intend to divide the finances following divorce. There is no need to have an agreement; the Court requires an indication of the progress to resolving the issues.

  
  

• Child arrangements: outline your plan on how you intend to care for the children. You do not need to have everything sorted but you should have a plan.

Mandatory Co-Parenting Programme (CPP)

CPP is now compulsory for parties who are applying for a divorce on a simplified track. Going on the simplified track is the fastest way to get a divorce. This program will help you understand how to co-parent effectively after separation. It includes e-learning and a session with a counselor.

Why Divorce by Mutual Agreement matters?

DMA represents a shift towards a more flexible, respectful approach to divorce. It’s designed to:

• Encourage Amicable Resolutions: By focusing on cooperation rather than blame, DMA aims to make divorces smoother and less stressful.

  
  

• Empower Individuals: Instead of fighting over faults, you get to take charge of your divorce process.

  
  

• Streamline Proceedings: It simplifies the process and speeds things up, which can save you time and money.

  
  

• Protect Children’s Interests: DMA promotes better co-parenting and aims to reduce the emotional impact of divorce on kids.

  
  

• Reduce Stigma: It offers a more dignified way to end a marriage, avoiding the need to rehash painful issues.

Conclusion

Divorce by Mutual Agreement under the Women’s Charter is set to provide a more respectful, efficient, and cost-effective way to end a marriage. If you're considering this route, our lawyers at Derrick Soh Law Corporation can help you with the process smoothly. We offer expert advice, emotional support, and a transparent fee structure to help you move forward with your life.

If you require legal representation, please contact Derrick Soh Law Corporation for a consultation with our lawyers. Call us at +65 6970 8287 or fill up our contact form here.