In Singapore, the sole reason for divorce is an irretrievable breakdown of the marriage. There are several ways to support this allegation including adultery, desertion, living apart for three or four years or unreasonable behaviour. In most cases, a couple must have been married for at least three years before they can divorce.
Unreasonable Behaviour is More Than a State of Mind
By its nature, unreasonable behaviour is subjective. What one person could find intolerable to live with could be acceptable to another person. The divorce must be based upon more than feelings.
The court will not consider unreasonable behaviour as justification for divorce if the parties claim incompatibility because they:
- No longer have any common interests
- Are unable to communicate
- Are bored with the marriage
- Feel the spouse does not reciprocate their love
What is Unreasonable Behaviour?
The court considers whether or not the aggrieved spouse could reasonably be expected to continue living with the other spouse. If the aggrieved spouse claims that the last time unreasonable behaviour occurred was long ago, but the couple is still living together, the court will probably disallow it.
A few of the more common reasons for a claim of unreasonable behaviour include:
- Domestic violence
- Drug or alcohol addiction
- Compulsive gambling
- Frequently working late or too many hours.
- Lack of conjugal relations
- Refusal to join in social activities
Advantages of Claiming Unreasonable Behaviour
Unreasonable behaviour does not necessarily mean that this behaviour is any type of misconduct. The court considers whether the behaviour is expected to continue and if the couple should have to continue living together.
- If the couple still lives together and there was no adultery, unreasonable behaviour is the only option
- If one spouse had an affair, it’s not necessary to submit proof or the name(s) of the third party if unreasonable behaviour is used
- If adultery is claimed as grounds for divorce, proof and names are needed – possibly causing so much anger in the divorce that it has a negative effect on maintenance, splitting assets and child-related issues
If you plan on getting divorced, contact an experienced divorce lawyer in Singapore from IRB Law. They will be focused on safeguarding your assets and finances and shielding your children from any trauma related to the divorce. Contact IRB Law for the legal solutions that work best for you.