Knowing all about Divorce by Mutual Agreement (DMA) in Singapore

Recently, the term "divorce by mutual agreement" has been a hot topic of discussion. However, there are numerous misconceptions surrounding this process. Many people believe that a divorce can be easily concluded as long as both parties agree to it. This, however, is not entirely accurate.

Requirements for Divorce by Mutual Agreement

Even if both parties agree to the divorce, certain legal requirements must still be met. For instance, parties must be married for at least three years before they can file for a divorce.

Once this requirement is met, parties can choose one of the following reasons to show that the marriage has irretrievably broken down:

1. Adultery

2. Unreasonable behaviour

3. Separation: 3 years with consent or 4 years

4. Desertion

5. Mutual agreement

Divorce by Mutual Agreement

In this post, we will focus on divorce by mutual agreement. This reason for divorce, while seemingly straightforward, still involves several key considerations:

1. Written Agreement: Parties must submit a written mutual agreement outlining the terms of the divorce. This agreement should include:

   
   

   1. Financial matters: to provide details of the consideration that parties have given in relation to the division of assets and the outcome of such consideration.

      
      

   2. Children's issues: to provide details of the consideration that parties have given in relation to the issue of custody, care and access to the children as well as the maintenance and the outcome of such consideration.

      
      

   3. Attempts at reconciliation: to provide details of efforts made, such as the number of frequency of such attempts, the nature of such efforts and whether and what external help were sought. Additionally, parties must state whether there are other options for reconciliation that remain unexplored and explain why.

      
      

2. Court Approval: Even with mutual agreement, the Court must review and approve the terms of the divorce. The Court will ensure that there is no reasonable possibility that the parties might reconcile. If the Court believes that there is a chance of reconciliation, it may take steps to facilitate this as follows:

   
   

   1. Interviews: Conducting interviews with the parties to understand their intentions and feelings

      
      

   2. Conciliation officer: Appointing a conciliation officer or a suitable person to assist the parties in resoling their differences

      
      

   3. Family support program: Advising the parties to attend counselling.

Bear in mind that the Court will not accept the mutual agreement if it determines that there remains a reasonable possibility of reconciliation.

By understanding the above, parties can better navigate the process of divorce by mutual agreement and ensure that all necessary legal and procedural steps are properly addressed.

If you wish to find out more about mutual agreement, you can contact our experienced family lawyers here. Alternatively, you can complete our contact form and our lawyers will contact you.