Civil divorce for non-Muslims is governed by the Law Reform (Marriage and Divorce) Act 1976 and heard in the High Court. Muslim couples file in the Syariah Court instead. If one spouse converts to Islam during the marriage, the non-Muslim spouse may petition in the civil court under section 51 of the Act.
Generally no. Section 50 of the Law Reform (Marriage and Divorce) Act 1976 prevents a divorce petition in the first two years of marriage. The court can give leave in exceptional cases, such as exceptional hardship or depravity. A joint petition also requires that the marriage has lasted at least two years, unless that leave is granted.
Under section 54 of the Law Reform (Marriage and Divorce) Act 1976, the ground is that the marriage has broken down irretrievably. This is shown by adultery, unreasonable behaviour, desertion for at least two years, or living apart for two years with mutual consent or five years without it. A joint petition by agreement does not need these fault facts.
A joint petition is filed by both spouses together under section 52 of the Act, after at least two years of marriage, with agreed terms on custody, maintenance and assets. A single petition is filed by one spouse, usually because the other does not agree to the divorce or its terms, and it proceeds on proof of one of the breakdown facts.
It is the conciliatory body under section 106 of the Law Reform (Marriage and Divorce) Act 1976. Referral to it is required before a single (unilateral) divorce petition, and it issues the certificate needed to file. It is not needed for a joint petition under section 52.
From our past matters, an uncontested joint petition usually takes about four to six months from filing to decree absolute. A contested single petition, especially with custody or assets in dispute, realistically takes 12 to 24 months and sometimes longer. The Marriage Tribunal step, where it applies, typically takes two to eight weeks. Court backlog also affects timing.
Under section 76 of the Law Reform (Marriage and Divorce) Act 1976, matrimonial assets include property acquired during the marriage by the joint or sole effort of the parties, whether in joint names or one spouse's name. The court divides them on a just and equitable basis. In Teo Chee Cheong v Chiam Siew Moi (2025), EPF savings were treated as a matrimonial asset.
Under section 77 of the Act, a divorced woman may apply to court for maintenance; a husband's claim is generally limited to cases where he is incapacitated and unable to support himself. Child maintenance is usually payable until the child turns 18, and can be extended if the child is in further education or training, or is disabled and unable to support themselves.
Section 88(2) of the Law Reform (Marriage and Divorce) Act 1976, revised in 2024, sets out the rule that the child's welfare is paramount. Judges are told to consider the child's wishes where the child is aged seven or above. If one parent wants to relocate overseas with the child, the High Court's leave is needed and the other parent's contact must be addressed.
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