Divorce by Mutual Agreement in Singapore: Complete DMA Guide
Divorce by Mutual Agreement (“DMA”) allows spouses in Singapore to obtain a divorce where both parties agree that their marriage has irretrievably broken down.
Unlike other facts relied upon for divorce, DMA does not require one spouse to allege unreasonable behaviour against the other or require the parties to have lived separately for a specified period.
For couples who both accept that their marriage has come to an end and wish to avoid unnecessary allegations against each other, Divorce by Mutual Agreement can provide a more constructive way to proceed.
However, agreeing to a DMA divorce does not necessarily mean that you must agree on every issue concerning your children, maintenance, HDB flat or matrimonial assets.
This guide explains how Divorce by Mutual Agreement works in Singapore, what Form 2C is, what the parties need to agree on, and what happens if there are outstanding ancillary matters.
What Is Divorce by Mutual Agreement in Singapore?
Under Singapore law, the Court may grant a divorce only if the marriage has irretrievably broken down.
There are several facts which may be relied upon to establish irretrievable breakdown of a marriage. These include unreasonable behaviour, adultery, desertion, separation and mutual agreement.
For Divorce by Mutual Agreement, both spouses agree that their marriage has irretrievably broken down.
The parties must record their agreement in writing in the prescribed form.
DMA can be particularly suitable where both spouses accept that the marriage should end but do not wish to attribute blame to either party.
When Did Divorce by Mutual Agreement Start in Singapore?
Divorce by Mutual Agreement became available as an additional fact for proving irretrievable breakdown of marriage on 1 July 2024.
It does not replace the existing facts for divorce.
A person may still rely on other facts such as unreasonable behaviour, adultery, desertion or separation where appropriate.
The important difference is that DMA gives couples who mutually accept that their marriage has ended another way of proceeding without having to rely on allegations of fault or wait for the required period of separation.
What Are the Requirements for Divorce by Mutual Agreement?
For parties intending to rely on DMA, both spouses must agree that the marriage has irretrievably broken down, been either for marriage counselling, or had assistance from family members to reconcile earlier.
Their agreement must be recorded in writing in the prescribed Form 2C.
The Court must ultimately be satisfied that the legal requirements for granting a divorce have been met.
The usual eligibility requirements for commencing divorce proceedings in Singapore also continue to apply.
For example, parties generally cannot commence divorce proceedings within the first three years of marriage unless permission from the Court is obtained.
What Is Form 2C?
Form 2C is the prescribed written agreement used where parties rely on mutual agreement as the fact showing that their marriage has irretrievably broken down.
It is an important document and should not simply be treated as a formality.
The agreement addresses matters relating to the parties' marriage and their decision that the marriage has irretrievably broken down.
If you are uncertain about the contents or legal effect of Form 2C, you may wish to obtain legal advice before signing it.
Do We Need to Agree on All the Divorce Terms to Use DMA?
No.
This is an important distinction.
Divorce by Mutual Agreement concerns the parties' agreement that their marriage has irretrievably broken down.
The issues arising from the breakdown of the marriage — such as children, maintenance and matrimonial assets — are generally referred to as ancillary matters.
Accordingly, it is possible for spouses to agree that they should be divorced while still disagreeing about one or more ancillary matters.
For example, a husband and wife may both agree to a DMA divorce but disagree about:
who should have care and control of their children;
the access arrangements for the other parent;
how much child maintenance should be paid;
whether spousal maintenance should be paid;
whether the matrimonial HDB flat should be sold or transferred; or
how their matrimonial assets should be divided.
Under the current divorce procedure for applications commenced on or after 15 October 2024, parties who agree on the divorce before the application is filed may proceed on the simplified track, even if some or all ancillary matters remain unresolved.
This is different from the previous procedure, under which parties generally had to agree on both the divorce and the ancillary matters to proceed on the simplified track.
What Are Ancillary Matters?
Ancillary matters are the issues which the Court may have to determine as a consequence of the divorce.
They commonly include:
Children
Where there are children, the parties may need to address:
custody;
care and control;
access; and
child maintenance.
Matrimonial Home
If the parties own an HDB flat or private property, they may need to decide whether the property should be:
sold;
transferred to one spouse;
retained for a period of time; or
otherwise dealt with as part of the division of matrimonial assets.
CPF refunds and the outstanding housing loan may also have to be considered.
Matrimonial Assets
Matrimonial assets can include more than the matrimonial home.
Depending on the circumstances, they may include:
bank accounts;
CPF monies;
investments;
shares;
insurance policies;
vehicles;
businesses;
overseas properties;
cryptocurrency; and
other assets acquired during the marriage.
Maintenance
The parties may also have to consider:
maintenance for the children; and
maintenance for a spouse or former spouse, where applicable.
Can We Use DMA If We Have Children?
Yes.
Having children does not prevent spouses from relying on Divorce by Mutual Agreement.
However, the arrangements concerning the children will still need to be addressed separately.
The Court's paramount consideration when dealing with issues concerning children is their welfare.
Depending on the circumstances, the parties may need to consider custody, care and control, access and child maintenance.
Parents with children below the applicable age may also be required to attend the Mandatory Co-Parenting Programme before commencing divorce proceedings.
What If We Agree to DMA but Cannot Agree on the Children?
You can still agree that the marriage has irretrievably broken down even if you cannot agree on the arrangements for the children.
The dispute concerning the children can then be dealt with separately as an ancillary matter.
For example, parties may agree completely on the divorce but disagree over whether there should be sole or shared care and control, the frequency of access, overnight access or overseas travel arrangements.
The existence of those disagreements does not necessarily require the parties to fight over whether the marriage itself should be dissolved.
What If We Cannot Agree on the HDB Flat or Matrimonial Assets?
Similarly, disagreement over the matrimonial home or division of matrimonial assets does not necessarily prevent the parties from agreeing to the divorce.
The parties may proceed with the divorce while the outstanding financial issues are subsequently negotiated, mediated or determined by the Court.
Where there is disagreement about matrimonial assets, both parties may be required to provide financial disclosure.
This may include documents concerning bank accounts, CPF monies, properties, investments, insurance policies, businesses and other assets.
If one party believes that the other has failed to disclose assets, further legal issues concerning financial disclosure, discovery or adverse inference may arise.
DMA vs Unreasonable Behaviour
One significant difference between DMA and unreasonable behaviour is the way the breakdown of the marriage is presented.
When relying on unreasonable behaviour, the Applicant generally relies on particulars of the Respondent's behaviour to establish that the Applicant cannot reasonably be expected to live with the Respondent.
DMA takes a different approach.
Instead of one spouse relying upon allegations concerning the other spouse's conduct, both parties agree that the marriage has irretrievably broken down.
For couples who genuinely agree that the marriage should end, DMA may therefore reduce unnecessary conflict over the reason for divorce.
However, DMA requires the agreement of both spouses.
If one spouse does not agree that the marriage has irretrievably broken down on this basis, the spouse seeking the divorce may have to consider whether another fact can be relied upon.
DMA vs Separation
Another alternative is to rely upon separation.
However, separation requires the parties to have lived separately for the legally required period.
Depending on the circumstances and whether the other spouse consents, this may require three or four years of separation.
DMA does not require the parties to wait for a separation period once they mutually agree that the marriage has irretrievably broken down, provided the other legal requirements for commencing divorce proceedings are satisfied.
For spouses who have recently decided together that their marriage should end, this can be an important practical difference.
Is DMA the Same as an Uncontested Divorce?
Not exactly.
DMA describes the fact relied upon to establish that the marriage has irretrievably broken down.
An uncontested divorce generally describes a divorce where the parties do not dispute the dissolution of the marriage.
A DMA divorce will therefore ordinarily proceed without a dispute over whether the marriage should be dissolved because both spouses have agreed that the marriage has irretrievably broken down.
However, there may still be disputes over ancillary matters.
This distinction is particularly important under the current simplified-track procedure.
What Is the Simplified Divorce Track?
For divorce applications commenced on or after 15 October 2024, the simplified track is available where the parties have agreed on the divorce before the matrimonial application is filed.
The parties may:
agree on the divorce only;
agree on the divorce and some ancillary matters; or
agree on the divorce and all ancillary matters.
This means that a divorce does not automatically become a contested divorce simply because the parties have not agreed on every financial or children's issue.
Where parties cannot agree on the divorce itself before filing, the application generally proceeds on the normal track.
What Is the Difference Between the Simplified Track and the Divorce eService?
These should not be confused.
The simplified track is a procedural track for divorce proceedings.
Under the current rules, parties may proceed on the simplified track where they agree on the divorce before filing, even where ancillary matters remain outstanding.
The Divorce eService, however, is a particular online service provided by the Singapore Courts. The eligibility requirements for using that eService are more specific and include agreement on both the divorce and the ancillary matters for an application made through the eService.
Accordingly, being eligible for the simplified track does not necessarily mean that every simplified-track case can be filed through the Divorce eService.
How Does a DMA Divorce Work?
The precise procedure will depend on the circumstances of the case, including whether all ancillary matters have been agreed.
Generally, the process involves the following stages.
Step 1: Confirm Eligibility
The parties should first establish that they satisfy the requirements for obtaining a divorce in Singapore.
Step 2: Agree to DMA
Both spouses agree that their marriage has irretrievably broken down and complete the prescribed written agreement.
Step 3: Consider the Ancillary Matters
The parties should consider the arrangements concerning their children, maintenance, matrimonial home and matrimonial assets.
If they are able to agree on these matters, the agreed terms can be prepared for the Court.
If they cannot agree on all of them, the outstanding issues may continue to be dealt with separately.
Step 4: Prepare and File the Divorce Documents
The appropriate matrimonial application and supporting documents are prepared and filed with the Family Justice Courts.
Step 5: Uncontested Divorce Hearing
If the Court is satisfied that the legal requirements have been met and that the marriage has irretrievably broken down, an Interim Judgment may be granted.
Parties and their lawyers are generally not required to attend an uncontested divorce hearing.
Step 6: Resolve Outstanding Ancillary Matters
If there are outstanding ancillary matters, these will need to be resolved before the divorce proceedings are fully concluded.
They may be resolved through negotiation, mediation or, where necessary, a Court hearing.
Step 7: Final Judgment
The Final Judgment formally completes the divorce.
Generally, the Final Judgment can only be extracted after the required period following the Interim Judgment and once the ancillary matters have been resolved.
How Long Does a DMA Divorce Take?
The time frame depends significantly on whether the parties have agreed on the ancillary matters.
A simplified-track divorce may take approximately four months to conclude where the necessary matters can be dealt with without prolonged disputes.
If the parties agree to the divorce but have substantial disputes over children, maintenance or matrimonial assets, the overall proceedings may take considerably longer because those ancillary matters still have to be resolved.
Complex financial disclosure, business interests, overseas assets, property disputes or contested children's issues can all affect the time frame.
Do We Need Separate Lawyers for DMA?
There is no general rule that each spouse must appoint a separate lawyer simply because the parties are relying on Divorce by Mutual Agreement.
A person is also not generally required to have a lawyer to commence or respond to divorce proceedings.
However, whether independent legal representation is appropriate depends on the circumstances.
This is particularly important where there are substantial matrimonial assets, an HDB or private property, business interests, maintenance issues or disagreements concerning children.
One spouse should not assume that a proposed settlement is necessarily fair simply because both parties agree to the divorce.
Does DMA Mean We Must Split Everything 50:50?
No.
Agreeing to Divorce by Mutual Agreement does not mean that the matrimonial assets must automatically be divided equally.
The division of matrimonial assets is a separate issue.
If the parties agree on the division, they may seek to have their agreement recorded in the appropriate Court order.
If they cannot agree, the Court may determine the division after considering the applicable legal principles and circumstances of the marriage.
Can My Spouse Change Their Mind About DMA?
DMA depends upon mutual agreement.
If one spouse withdraws their agreement before the divorce is properly proceeded with on that basis, legal advice should be obtained on the appropriate next step.
Depending on the circumstances, the spouse seeking a divorce may have to consider whether another fact establishing irretrievable breakdown can be relied upon.
This is one reason parties should understand what they are agreeing to before signing the relevant divorce documents.
Is DMA Always the Best Option?
Not necessarily.
DMA can be appropriate where both parties genuinely agree that the marriage has ended and want to minimise unnecessary conflict.
However, every divorce is different.
There may be circumstances where another fact for divorce is more appropriate or where the parties are unable to reach the agreement required for DMA.
The fact used for the divorce should also not distract from potentially significant ancillary issues concerning children, maintenance, property or matrimonial assets.
Frequently Asked Questions
Can I use DMA if my spouse and I still live together?
Living under the same roof does not by itself prevent parties from considering DMA. Unlike divorce based on separation, DMA does not require the parties to establish a particular period of separation.
Do we have to be separated for three years before using DMA?
No.
The three-year period is relevant to divorce based on separation with consent. DMA is a separate fact and does not require the parties to wait three years once the statutory requirements for DMA are satisfied.
Can we use DMA if we own an HDB flat?
Yes.
However, the HDB flat will still have to be addressed as part of the parties' matrimonial property and asset arrangements.
Depending on the circumstances, this may involve sale, transfer to one spouse, CPF refunds, mortgage issues and HDB eligibility requirements.
Can we use DMA if we disagree about matrimonial assets?
Yes.
Agreement that the marriage has irretrievably broken down is distinct from agreement about how the matrimonial assets should be divided.
Can we use DMA if we disagree about child custody or access?
Yes.
The parties may agree to the divorce while leaving disputed children's issues to be resolved separately.
Does DMA mean neither spouse is at fault?
DMA allows parties to proceed without relying on allegations of unreasonable behaviour or another fault-based fact against the other spouse.
The focus is instead on their mutual agreement that the marriage has irretrievably broken down.
Can one lawyer represent both husband and wife?
A lawyer must comply with professional obligations concerning conflicts of interest. Parties should not assume that the same lawyer can advise both spouses on their respective legal interests simply because the divorce is amicable.
If there is any uncertainty, independent legal advice should be obtained.
What happens if we agree to divorce but cannot agree on the money?
The divorce itself may proceed on an uncontested basis while the financial ancillary matters remain outstanding.
The parties may continue negotiating, attend mediation or ultimately ask the Court to determine the outstanding issues.
Speak to a Divorce Lawyer in Singapore
Divorce by Mutual Agreement can provide a less adversarial route to divorce where both spouses accept that their marriage has irretrievably broken down.
However, agreeing to the divorce does not necessarily mean that you should agree to every proposal concerning your children, maintenance, HDB flat or matrimonial assets without first understanding its legal and financial consequences.
21 Chambers LLC advises and represents clients in Divorce by Mutual Agreement, simplified-track and contested divorce proceedings, as well as disputes involving children, maintenance, HDB property and matrimonial assets.
If you are considering a Divorce by Mutual Agreement in Singapore, you may contact 21 Chambers LLC to obtain advice on the appropriate divorce process and the terms arising from the breakdown of your marriage.
This article provides general information on Singapore family law and does not constitute legal advice. The appropriate course of action will depend on the facts and circumstances of each case.