If you and your spouse have mutually and amicably agreed to end your marriage and have also agreed on issues like division of assets and child custody matters (if applicable), you may consider the option of getting an online divorce.
Online divorces may be a more discreet and convenient way of getting a divorce. This article will explain what you need to know about getting an online divorce in Singapore, and highlight some key considerations for you to bear in mind before doing so.
What are the Requirements for Getting an Online Divorce?
To get an online divorce, you must still meet the legal requirements as you would if you were filing for a divorce in court through the “usual” divorce proceedings.
First, either you or your spouse must be domiciled in Singapore (i.e. you reside in Singapore and intend to live here indefinitely) at the point of getting an online divorce or habitually resident in Singapore for at least 3 years, prior to the online divorce.
In addition, you and your spouse must have been married for at least 3 years, unless the party filing for divorce has suffered exceptional hardship or exceptionally unreasonable and cruel behaviour.
Next, you must also meet the legal ground for obtaining a divorce in Singapore, i.e. you must prove that the marriage has irretrievably broken down. This must be due to one or more of the following reasons under section 95(3) of the Women’s Charter, namely:
That your spouse has committed adultery, and you find it intolerable to live with him or her
That your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her
That your spouse has deserted you for at least 2 years
If your spouse agrees to the divorce, that you and your spouse have been separated for at least 3 years
If your spouse does not agree to the divorce, that you and your spouse have been separated for at least 4 years.
Do note that if you were married under Muslim law, these requirements may not be applicable and you may not be able to get an online divorce. You may wish to refer to our article on the requirements for a Muslim divorce instead.
What Should I Consider Prior to Filing for an Online Divorce?
Some considerations that you might wish to bear in mind in deciding whether or not you wish to file for an online divorce include:
Is the divorce contested or uncontested?
Online divorces are generally more suitable for simplified uncontested divorces, where you and your spouse would have reached a consensus on all issues to the divorce before filing for divorce.
This means that the proceedings are relatively straightforward and to save time and costs (of court hearings and divorce lawyer fees), you can elect for an online divorce by completing the relevant forms and have the divorce documents prepared and sent to you before bringing the proceedings to a close.
On the other hand, contested divorce proceedings can be complex and unsuited for an online divorce. If a divorce is contested, this means that at least one issue of the divorce still needs to be resolved between you and your spouse.
Such issues can include, child custody and access, or the division of property and assets. In contested divorce proceedings, you and your spouse will have to attend trial and provide evidence to support your respective cases on how these issues should be resolved. This cannot be done via online divorce forms.
In addition to resolving these issues, you and your spouse may need to hire a divorce lawyer to represent you throughout the court proceedings to protect your respective interests, and those of your children, if any.
Please refer to our other article for a more detailed explanation on the differences between simplified uncontested divorce and contested divorce.
How much will the divorce cost me?
The cost of getting an online divorce is also an important factor for consideration.
Currently, the cheapest option for an online divorce costs S$599. However, this cost excludes court filing, processing and transmission fees, for the various documents and orders that need to be filed. These costs can add up to between S$400 to S$500 on average, which means the total cost for getting an online divorce would be approximately S$1,000.
When you add the sums together, the total amount for getting an online divorce is quite comparable to the cheapest “traditional” simplified uncontested divorce option, which averages approximately S$1,500 to S$2,000.
What Does an Online Divorce Entail?
Online divorce services help with generating divorce documents and commencing divorce proceedings without the need to go to court, which can be time-consuming and costly.
Typically, for most online divorce platforms, you are first required to complete a short form to determine your eligibility for getting an online divorce. In other words, you will need to meet the legal requirements for getting a divorce in Singapore as well as the online requirement that the divorce is uncontested (as discussed above).
If you satisfy the eligibility requirements, you will be directed to an online form that you will have to complete using you and your spouse’s personal particulars as well as the particulars of your marriage (e.g. marriage certificate number and date of solemnisation).
Depending on the online divorce service, the information that you provide may be used by the lawyers to prepare the relevant divorce documents. Alternatively, the divorce documents may be generated as soon as you complete the relevant online forms, which you can then immediately access online.
These documents include:
Writ for Divorce: this is the document that you would file in court if you are initiating the divorce against your spouse. This document formally initiates the divorce proceedings;
Statement of Claim: this specifies the reason why you are seeking the divorce, such as adultery or unreasonable behaviour for example; and
Statement of Particulars: this gives further details of the ground for divorce indicated in your Statement of Claim.
Some online divorce services may require you to file the divorce documents yourself in order for your divorce to be finalised.
Alternatively, other online divorce services may file your divorce documents on your behalf.
Is an Online Divorce Legally Recognised?
Yes, online divorces are legally recognised by Singapore courts. This is because the documents and court orders are identical to those that are filed in traditional divorce proceedings.
What are the Options for Getting an Online Divorce in Singapore?
The table below summarises some of the current options available in Singapore for getting an online divorce:
Divorce Bureau
How does it work?
Divorce Bureau employs a 3-step process to file for a divorce online.
First, you will need to determine your eligibility for an online divorce.
You can then use the online portal to complete an online information form to create the divorce documents. This form will require you to include your personal details and those of your marriage to your spouse.
Once the online form is completed, the divorce documents will be generated and you will be able to access them online. You are required to file the divorce documents with the Family Justice Courts yourself.
How much does it cost?
The cost is S$599 nett to prepare the documents once you have submitted you and your spouse’s and marriage particulars.
The platform also offers the option of a “PLUS” service at an at additional cost of S$380. This amount covers the filing fees for filing the papers in court on your behalf. However, this does not other third-party charges (e.g. fees for a bankruptcy search to determine the financial status of your spouse).
There is also an option to get legal advice on a per-session basis from a senior lawyer. This is available at S$150 nett per session as another add-on service.
PKWA Law
How does it work?
PKWA Law employs a 4-step process.
You will first need to complete an online form to determine your eligibility for an online divorce.
Once you have determined your eligibility, you are required to complete a form with you and your spouse’s personal and marriage particulars.
Once the online form has been submitted, you can book an appointment with PKWA Law to verify the information that has been provided. This will also give you the opportunity to raise any concerns or questions that you might have about getting an online divorce and the relevant processes and procedures involved.
The final stage is where you will receive the divorce documents at your mailing address, which you are then required to file in court yourself.
How much does it cost?
A fixed fee package is available for simplified uncontested divorces.
If there are no children, property or maintenance issues (i.e. ancillary issues) involved, the cost is S$1,500 (excluding GST).
If there are children, property or maintenance issues involved, the cost is S$2,500 (excluding GST).
Law.com.sg
How does it work?
At Law.com.sg, you are required to complete and submit an online form. You will then be contacted by a divorce lawyer who will assist you with the next steps in the divorce proceedings and who will subsequently represent you in your divorce proceedings.
How much does it cost?
The website allows you to complete an online divorce quote form, where you will receive an estimated quotation on how much the online divorce proceedings would cost.
The options set out above are summarised in the table below: