Stay of Divorce Proceedings in Singapore: When Can a Singapore Divorce Be Stopped in Favour of Another Country?
Divorces involving international families can raise an important preliminary question: even if the Singapore Courts have jurisdiction to hear the divorce, should the divorce actually be heard in Singapore?
For example, a couple may be Singapore citizens but have lived overseas for many years. Alternatively, they may be foreign nationals who have lived and worked in Singapore for a substantial period. The children may live in one country while substantial matrimonial assets are located in another.
In some cases, divorce proceedings may even have been commenced in two different countries.
Where this happens, one party may apply to the Singapore Court for a stay of proceedings on the basis that another country is the more appropriate forum to determine the divorce.
This is commonly referred to as an application based on forum non conveniens.
What Is a Stay of Divorce Proceedings?
A stay of proceedings essentially asks the Singapore Court to stop or suspend the Singapore divorce proceedings.
In an international divorce, the argument is usually that although Singapore has jurisdiction over the divorce, there is another available court which is clearly or distinctly more appropriate to determine the dispute.
This distinction is important.
The question is not simply:
"Does the Singapore Court have jurisdiction?"
There may be situations where both Singapore and a foreign court have jurisdiction over the marriage.
The further question is:
Which country is the more appropriate forum to hear the divorce and the related ancillary matters?
The Singapore Courts apply the doctrine of forum non conveniens to answer this question.
The Two-Stage Test
The applicable test is derived from Spiliada Maritime Corporation v Cansulex Ltd and has been consistently applied by the Singapore Courts in matrimonial proceedings, including AZS v AZR [2013] SGHC 102 and, more recently, XSX v XSY [2025] SGFC 110.
There are two stages.
Stage 1: Is Another Country Clearly or Distinctly More Appropriate?
The person applying for the stay bears the burden of showing that there is another available forum which is clearly or distinctly more appropriate than Singapore for determining the divorce and ancillary matters.
This is not a low threshold. The Court is being asked to refrain from exercising jurisdiction which it otherwise possesses, and there must therefore be sufficiently compelling reasons for it to do so.
The Court looks at the jurisdiction with which the dispute has the most real and substantial connection.
If the applicant cannot establish this, the stay application generally fails.
Stage 2: Are There Special Circumstances Why Singapore Should Still Hear the Case?
If another country is shown to be clearly or distinctly more appropriate, the burden shifts to the party opposing the stay.
That party must show that there are circumstances demonstrating that substantial justice nevertheless requires the proceedings to remain in Singapore.
Importantly, merely obtaining a less favourable outcome under foreign law will generally not, by itself, be sufficient.
What Factors Will the Singapore Court Consider?
There is no single determining factor. The Court considers the circumstances of the family as a whole.
Relevant considerations can include:
where the husband and wife currently live;
where they have habitually resided;
their domicile and nationality;
where the children live and attend school;
where the children's lives are primarily centred;
the parties' immigration and employment status;
where the matrimonial assets are situated;
where relevant evidence and witnesses are located;
the applicable law;
the existence and status of foreign divorce proceedings; and
the practical convenience and expense of conducting proceedings in either country.
However, the exercise is not simply a matter of counting the number of factors pointing towards each country. Different connecting factors may carry different weight depending on the circumstances.
Habitual Residence Can Be Particularly Important
A particularly important consideration is habitual residence.
The Family Courts haved explained that habitual residence may carry greater weight than domicile when considering a stay application. A person may be habitually resident in Singapore where he or she has voluntarily and continuously lived here for a settled purpose, such as employment, education or family life.
Relevant indicators may include employment, immigration status, the location of the immediate family, the children's education and housing arrangements.
Importantly, habitual residence does not necessarily require an intention to live in Singapore permanently.
Accordingly, the fact that someone is an expatriate, is not a Singapore Permanent Resident, or intends eventually to return to his or her home country does not automatically mean that Singapore cannot be the family's habitual residence.
Where Do the Children Live?
Where there are children, their location may become especially significant.
The Singapore Courts have observed that the jurisdiction where the children are currently and foreseeably located is generally better placed to deal with matters concerning custody, care and control, access and maintenance.
This is because that court can more readily understand the children's environment and obtain evidence concerning their welfare. It may also be considerably easier to conduct a judicial interview or obtain an appropriate child evaluation where the children are physically within the jurisdiction.
Therefore, in an international divorce involving children, the question of where the children's lives are actually centred may be more significant than simply looking at the parties' passports.
Does Nationality Decide Which Country Should Hear the Divorce?
No.
Nationality is relevant, but the Singapore Courts have recognised that it is ordinarily a relatively weak connecting factor.
Modern families may live outside their country of citizenship for many years. Nationality therefore does not necessarily reflect where the family's actual life is centred.
In an earlier Court decision, the parties and children were French citizens, but the family had lived in Singapore for approximately ten years. The Court ultimately dismissed the husband's application to stay the Singapore divorce proceedings in favour of France.
This illustrates why an argument that "we are citizens of Country X, therefore the divorce should be heard there" may be insufficient.
What If Most of the Matrimonial Assets Are Overseas?
The location of matrimonial assets is relevant, but it is not necessarily decisive.
Singapore Courts routinely deal with matrimonial assets situated outside Singapore. The fact that a property, investment account or other matrimonial asset is located overseas does not, by itself, mean that the foreign jurisdiction is the more appropriate forum.
The High Court once observed that the location of matrimonial properties in China and France was not critical because Singapore Courts have consistently dealt with the division of worldwide assets in ancillary proceedings.
Similarly, in another decision, the Family Courts reaffirmed that overseas matrimonial assets do not preclude Singapore Courts from exercising their powers to divide matrimonial assets.
What About Overseas Witnesses and Documents?
These considerations may also carry less weight than parties initially expect.
Modern litigation allows evidence to be produced electronically and, where appropriate, witnesses may give evidence through video conferencing.
Documents situated overseas may also be obtained through the disclosure process. Where a party deliberately fails to disclose relevant financial information, the Court may in appropriate circumstances draw an adverse inference.
Accordingly, the mere fact that witnesses, bank accounts or financial records are overseas does not necessarily establish that the foreign country is the more appropriate forum.
What If Divorce Proceedings Have Already Started Overseas?
The existence of foreign divorce proceedings is highly relevant, but it does not automatically mean that the Singapore proceedings will be stayed.
The Court may consider matters such as:
which proceedings were commenced first;
whether the foreign court has jurisdiction;
how far each set of proceedings has progressed;
whether the foreign proceedings cover the same issues;
whether the foreign court can determine the divorce, children and financial matters;
which law the foreign court would apply; and
the risk of inconsistent or overlapping orders.
The factual circumstances surrounding the commencement of both proceedings may therefore be important.
Can I Obtain a Stay Simply Because the Foreign Divorce Law Is More Favourable?
Generally, this will not be enough.
A party may prefer another jurisdiction because its laws on matrimonial assets, maintenance or other financial matters appear more favourable.
However, the Singapore Courts have made clear that the loss of a juridical or procedural advantage does not, without more, establish that substantial justice cannot be obtained in the foreign jurisdiction. Differences in remedies, maintenance rules, discovery procedures or the speed of proceedings may not by themselves justify keeping the proceedings in Singapore.
A stay application is therefore not simply a comparison of which country's divorce laws would produce the better financial result for one spouse.
Stay of Proceedings vs Jurisdiction: What Is the Difference?
These concepts are often confused.
Jurisdiction asks whether the Singapore Court has the legal authority to hear the divorce.
A stay on the ground of forum non conveniens generally proceeds on the basis that Singapore has jurisdiction, but asks whether the Singapore Court should nevertheless refrain from exercising that jurisdiction because another available court is clearly more appropriate.
This distinction can be critical in international divorce cases.
International Divorce Cases Require Early Strategic Consideration
Where spouses have connections with more than one country, the question of where divorce proceedings should take place should be considered before proceedings are commenced wherever possible.
The choice of jurisdiction may affect not only the divorce itself but also the division of matrimonial assets, maintenance, arrangements for the children, procedural requirements, costs and the enforceability of orders.
Once competing proceedings have been commenced in different countries, the dispute may become considerably more complicated and expensive.
If your spouse has commenced divorce proceedings in Singapore while you believe that another country is the more appropriate forum — or if divorce proceedings are already underway in another jurisdiction — you should obtain legal advice promptly on whether a stay application may be appropriate.
At 21 Chambers LLC, our family lawyers can advise on Singapore divorce proceedings involving international families, overseas assets and competing foreign proceedings, including applications to stay Singapore proceedings on the ground of forum non conveniens.
This article provides general information on Singapore family law and does not constitute legal advice.