Divorce by Mutual Agreement (DMA): A Simpler Way to Divorce in Singapore
Divorce by Mutual Agreement (DMA) is a newer legal pathway that allows couples to end their marriage based on consent rather than fault. Instead of battling in court, spouses can agree on the terms of their separation — from asset division to child custody — and move forward with less conflict, cost, and stress.
Key Takeaways
DMA is based on mutual consent — both spouses must agree on all divorce terms.
It reduces conflict and cost by minimising court appearances and legal battles.
It is faster than traditional divorce, often requiring only judge approval of the agreement.
It preserves relationships, especially valuable when children are involved.
Divorce by Mutual Agreement (DMA) is a cooperative legal process where both spouses agree to end their marriage and settle all key issues — such as division of assets, child custody, and maintenance — without blaming each other or going through lengthy court battles. It simplifies procedures, lowers costs, and promotes a more amicable separation, though it requires both parties to cooperate fully.
What is Divorce by Mutual Agreement?
DMA allows couples to dissolve their marriage without proving fault (like adultery or desertion). Instead, both spouses sign off on an agreement covering finances, property, and childcare. This reduces the adversarial tone of traditional divorce proceedings.
How Does DMA Work?
Agreement on Terms – Spouses negotiate asset division, custody, and maintenance, often with the help of mediation.
Drafting the Agreement – The terms are recorded in a legally binding written document.
Filing for Divorce – A joint petition and agreement are submitted to the court.
Court Approval – A judge reviews the terms to ensure fairness and compliance with the law.
Benefits of DMA
Reduced conflict — removes blame and encourages cooperation.
Faster resolution — divorces can be finalised in months rather than years.
Cost savings — less litigation means fewer legal fees.
Better for children — fosters a cooperative co-parenting relationship.
Limitations to Consider
DMA may not be suitable where:
There is serious conflict or lack of communication.
Power imbalances make negotiation unfair.
Financial matters or custody disputes are highly complex.
In such cases, a traditional divorce process may still be necessary.
Requirements for Divorce by Mutual Agreement (DMA)
To qualify for DMA in Singapore, certain conditions must be met:
Mutual Consent – Both spouses must agree to divorce and settle all key terms, including asset division, custody, and maintenance.
Minimum Marriage Duration – The couple must usually be married for at least three years, unless there are exceptional reasons.
Singapore Jurisdiction – At least one spouse must be a Singapore Citizen or Permanent Resident, or demonstrate strong ties (such as residency) to Singapore.
Agreement in Writing – The divorce terms must be formally documented in a signed agreement.
Fairness for Children – Custody and support arrangements must serve the best interests of the children, subject to the court’s approval.
Meeting these requirements ensures the court can accept the joint application and approve the divorce without requiring a trial.
Where to Compare and Get Help
Couples considering DMA should consult experienced family lawyers in Singapore who can assess whether this approach is suitable. Alongside 21 Chambers, other family law firms offer support in reviewing agreements, safeguarding rights, and ensuring compliance with Singapore’s laws.
Conclusion
Divorce by Mutual Agreement is reshaping family law by offering couples a less hostile, more efficient way to separate. For spouses willing to cooperate, it provides a faster, cheaper, and more dignified alternative to traditional divorce, while preserving the possibility of healthier relationships post-divorce.
Next step: Speak to a family lawyer to confirm if DMA is suitable for your circumstances and to ensure your agreement protects your rights and your children’s best interests.
If you believe DMA might be right for your situation, contact 21 Chambers at +65 2011 2121 for professional guidance. You can also follow us on Instagram @21chamberssg to stay updated on family law insights and resources.
