What Happens If My Spouse Is Missing? Can I Still Get a Divorce in Singapore?
If you want to get a divorce in Singapore but you no longer know where your spouse is, you may be wondering whether the divorce can proceed at all.
The short answer is: yes, it may still be possible to obtain a divorce even if your spouse is missing or cannot be located.
The difficulty is usually not whether you are allowed to commence divorce proceedings. Rather, the issue is how the divorce papers are to be served on your spouse.
Do I Need to Find My Spouse Before Filing for Divorce?
Ordinarily, after divorce proceedings are commenced, the relevant court documents must be served on the other spouse.
This is important because your spouse should be given notice of the proceedings and an opportunity to respond.
However, problems commonly arise where:
you have been separated for many years;
your spouse left Singapore;
you do not know your spouse's present residential address;
your spouse has changed his or her telephone number;
your spouse has blocked you on WhatsApp or other messaging platforms;
you have lost contact with your spouse's family and friends;
your spouse is deliberately avoiding service; or
you simply have no way of locating your spouse.
The fact that you cannot locate your spouse does not necessarily mean that you must remain married indefinitely.
What Can I Do If I Cannot Serve the Divorce Papers Personally?
Depending on the circumstances, you may apply to the Family Justice Courts for an order relating to service.
Two possibilities that may arise are:
substituted service; or
dispensation of service.
Which application is appropriate will depend on the facts of your case.
What Is Substituted Service?
Substituted service may be relevant where you cannot serve your spouse in the usual manner, but there is another method which is reasonably likely to bring the divorce proceedings to your spouse's attention.
For example, depending on the circumstances, you may ask for permission to serve the documents through an alternative channel that your spouse is known to use.
This could potentially include service through:
WhatsApp;
WeChat;
email; or
another appropriate electronic means.
The precise method sought should be supported by evidence showing why it is likely to bring the documents to your spouse's attention.
For example, if you are seeking service through WhatsApp or WeChat, it may be relevant to show that the telephone number belongs to your spouse and has previously been used to communicate with him or her.
What If I Have Absolutely No Way of Contacting My Spouse?
A more difficult situation arises where your spouse has effectively disappeared and you genuinely have no means of contacting him or her.
In an appropriate case, it may be possible to apply to the Court for dispensation of service.
In simple terms, you are asking the Court to allow the divorce proceedings to continue even though the originating divorce documents cannot be served on your spouse.
This is not automatic.
The Court will generally want to understand what attempts have been made to locate the missing spouse and why further attempts at service are unlikely to be effective. If you have evidence such as police report that you lodged earlier to state your spouse went missing, this would be helpful for your case.
What Attempts Should I Make to Locate My Spouse?
The steps required will depend on the circumstances of each case.
You should generally be prepared to explain matters such as:
your spouse's last known residential address;
when your spouse was last known to reside there;
your last known telephone number for your spouse;
whether calls or messages have been attempted;
your last communication with your spouse;
whether you have an email address for your spouse;
whether you know where your spouse works;
whether you know your spouse's family members or friends;
whether you have attempted to contact those persons;
whether your spouse has identifiable social-media accounts;
whether searches have been conducted for your spouse; and
whether there are any other realistic avenues through which your spouse may be contacted.
The purpose is to demonstrate to the Court that the inability to serve your spouse is genuine.
What If My Spouse Is Overseas?
Having a spouse living overseas is different from having a spouse who is genuinely missing.
If you know where your spouse lives overseas, or have a reliable means of contacting him or her, service may still be possible.
For example, you may know that your spouse is living in China, Malaysia, Australia, Canada or another country but may not have a precise residential address. If you remain in contact through WeChat, WhatsApp or email, an application for an alternative mode of service may potentially be considered.
The appropriate procedure will depend on the particular facts.
What If My Spouse Is Deliberately Avoiding Me?
A spouse cannot necessarily prevent a divorce simply by refusing to answer the door, blocking your telephone number or attempting to evade service.
Keep records of your attempts to contact or serve your spouse.
Depending on the circumstances, these records may assist in demonstrating to the Court that ordinary service has been unsuccessful and that an alternative order for service is appropriate.
What Evidence Will I Need?
An application concerning substituted service or dispensation of service will generally have to be supported by affidavit evidence.
The affidavit should explain clearly:
how and when you lost contact with your spouse;
your spouse's last known whereabouts;
the methods available to contact your spouse;
the attempts already made to locate or contact your spouse;
why those attempts were unsuccessful; and
why the particular order sought from the Court is appropriate.
Supporting documents may also be relevant.
These could include screenshots of messages, emails, returned correspondence, records of attempted service or other documents showing the efforts made to contact the missing spouse.
Can My Spouse Stop the Divorce by Disappearing?
Not necessarily.
The Singapore divorce process contains mechanisms to deal with situations where a spouse cannot be located or cannot be served in the ordinary manner.
However, the Court must be satisfied that the applicable procedural requirements have been met before allowing the proceedings to continue without ordinary service.
What If I Have Not Seen My Spouse for Many Years?
Long periods of separation are not uncommon in missing-spouse cases.
Some people may have been separated for five, ten or even twenty years before deciding that they finally want to regularise their marital status.
The passage of time does not itself terminate a marriage.
Unless the marriage has already been legally terminated or otherwise brought to an end under the law, you remain legally married.
Accordingly, if you wish to end the marriage, proper divorce proceedings may still be required.
Can a Divorce Lawyer Help If I Cannot Find My Spouse?
Yes.
A family lawyer can assess the information you have about your spouse and advise whether further attempts at service should first be made or whether an application for substituted service or dispensation of service may be appropriate.
The key is to provide as much information as possible about your spouse's last known whereabouts and the efforts that have already been made to locate him or her.
Conclusion
A missing spouse does not necessarily prevent you from obtaining a divorce in Singapore.
Where ordinary service is impossible, the Family Justice Courts may, in appropriate circumstances, permit an alternative method of service or dispense with service.
The appropriate application depends on whether there remains a realistic means of bringing the proceedings to your spouse's attention and what attempts have already been made to locate him or her.
If your spouse has disappeared, lives overseas, is deliberately avoiding service or has been uncontactable for many years, you should obtain legal advice on the appropriate procedure before commencing or continuing the divorce proceedings.
At 21 Chambers LLC, our family lawyers are experienced in handling divorce matters involving missing or uncontactable spouses, substituted and dispensation of service, annulments, and other unusual or complex marital circumstances. If you are unsure about your marital status or how to proceed with a divorce, contact us to arrange a consultation and we can advise you on the appropriate next steps for your circumstances.