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Desertion as a “ground” for divorce
To get a divorce in Singapore, you will have to prove that there has been an irretrievable breakdown of your marriage. Should you be able to adduce evidence that your spouse has deserted you, the court may be persuaded that there has been an irretrievable breakdown of your marriage, and thus grant a divorce.
What is desertion?
Desertion, for the purposes of divorce proceedings, is the abandonment of one person by his or her spouse against his or her wishes. To get a divorce on the basis that your spouse has deserted you, you will have to prove to the court that you have been deserted for a continuous period of at least two years immediately before filing for your divorce.
This period of desertion can be interrupted by periods when you and your spouse continue to live together, for up to a total of 6 months of living together. However, these periods of living together will not count towards the two years of desertion required by the courts.
How to prove that your spouse has deserted you
To prove that your spouse has deserted you, you will have to prove that:
- you and your spouse have been living in separate households for a continuous period of two years; and
- your spouse must have had the intention to desert you.
Desertion requires that your spouse has shattered the common household that you and your spouse share, such that the two of you live in two separate households. While it is vastly more common for desertion to involve physical separation rather than not, physical separation of you and your spouse’s households may not necessarily be required, as “desertion is not withdrawal from a place, but from a state of things”.
It should also be noted that even couples who live in separate homes but spend the bulk of their days together can still be considered as living in the same household.
You will also need to adduce evidence that your spouse had the intention to desert you. This intention can also be understood to be one where your spouse intends to bring your matrimonial union permanently to an end.
Your spouse will not be considered to have an intention to desert, notwithstanding the fact that you are physically separated from your spouse, if the physical separation was required by your spouse’s personal circumstances. For example, your spouse would not be considered to have the intention to desert you if he or she has to live overseas for work or education.
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Similarly, your spouse must not have left your shared household because of your behaviour. If you gave your spouse good cause for your spouse to leave your shared household, your spouse will not be considered to have deserted you. In fact, your spouse may well be able to turn the tables on you and contend that you, by your grievous conduct, was the one who expelled your spouse, and thereby committed “constructive desertion”.
It should also be noted that this intention has to be non-consensual, i.e. you and your spouse cannot mutually agree to live separately so as to get a divorce on the basis of desertion. Should both you and your spouse mutually wish to live apart from each other and get a divorce on that basis, your divorce would have to be based on separation instead. The fine line between separation and desertion is the intention of one party to the marriage to desert the other.
Need Advice ?
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At Lions Chambers LLC, we pride ourselves on being responsive. We understand that some problems need immediate attention, let us assist you.
How can we help you
Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.