Can you file for divorce based on Desertion Singapore?

Can you file a divorce based on desertion Singapore?

Desertion Singapore

Desertion happens when you are abandoned by your spouse for a minimum period of 2 years. To file for divorce based on desertion Singapore, you must have been abandoned against your wish. If after a few years of abandonment, both parties decide to resume cohabitation, the period of cohabitation shall not terminate the desertion and you can still file for divorce based on desertion Singapore. However, the period during which you resume cohabitation shall not count towards the 2-year requirement.

See: Section 95 of Women’s Charter (Singapore)

There must be no good reason for the desertion, other than your spouse’s intention to bring the marriage to a permanent end.

What if you are unable to locate your spouse?

Usually, you would have to locate your spouse in order to have the divorce papers served on him/ her. Marriage concerns 2 people, so does divorce. However, in cases where your spouse has deserted you and you are unable to locate him/ her, it may be necessary to apply to Court for dispensation of service (or substituted service).

Desertion Singapore may happen when crisis strikes. For instance, I recently read about how a woman was deserted after she suffered a stroke and was left paralysed. Fortunately for her, she had her best friend and children with her.

See: “Woman whose husband left her after stroke paralysed her finds new love”, The Sun, Herald Sun, 26 August 2017

For more information on filing for divorce based on desertion Singapore, contact us today!