Reasons for Divorce
It is difficult to come to terms with the fact that your spouse has deserted you without any explanation. The emotional toll and uncertainty can feel overwhelming, and it is important to understand your legal rights and the steps ahead.
Reaching out for expert help is often the best way to navigate the divorce process with clarity and confidence. As a reputable divorce law firm in Singapore, Sterling Law is here to provide the legal support and guidance you need.
Keep reading to discover what you need to know about desertion as a valid ground for divorce.
Desertion is a significant and often misunderstood ground for divorce, carrying legal implications that can affect the outcome of marital separation. It involves more than just physical absence; understanding its legal context is crucial in divorce proceedings.
In the Women’s Charter, desertion is recognised as a valid ground for divorce if provided it meets specific legal criteria and duration requirements. The sections that provide further information on desertion-based divorce are:
In Section 95A(1)(c), desertion is a legitimate ground for divorce if a spouse has deserted the other for a continuous period of 2 or more years immediately before the application for divorce.
It is also important to note that as stated in Section 95A(4), even if the couple lived together for 6 months or less during the period of desertion, it is still considered a continuous period of desertion. However, the time they lived together does not contribute to the total length of the desertion period.
Divorce applications are also restricted within the first three years of marriage, except in cases where there is exceptional hardship or depravity.
There are several grounds for divorce in Singapore, with desertion being just one of them. Unlike adultery (which involves a breach of fidelity), unreasonable behaviour ( which focuses on harmful conduct making the marriage intolerable), or a divorce by mutual agreement (where parties agree that the marriage has broken down), desertion is about one spouse’s willful abandonment without consent or just cause.
It also differs from separation, where both parties agree to live apart. Each ground has its own legal requirements and implications, and understanding these differences is necessary to determine the most suitable basis for a divorce.
One key element of desertion is physical separation, where one spouse leaves the marital home and lives apart without the other spouse’s consent. This physical absence must be intentional and continuous, with no effort to resume the relationship. Simply living in separate rooms under the same roof typically does not qualify, as true desertion requires a clear break in cohabitation.
The intention to end the marriage is a crucial element of desertion in Singapore’s divorce law. It is not merely a physical separation. One spouse must show a clear and deliberate decision to abandon the marriage permanently without the other spouse’s consent. This intent differentiates desertion from temporary separations or separation caused by external circumstances.
Under the Women’s Charter, desertion must be continuous for at least 2 years without any intention of returning. This duration demonstrates a clear and deliberate abandonment of the marital relationship, which differentiates temporary separations from legal desertion.
There are exceptions when proving desertion as a ground for divorce in Singapore. If a spouse leaves due to the other spouse’s unreasonable behaviour or mistreatment, such physical separation may not be considered desertion.
Similarly, temporary reconciliation attempts or mutual agreements to live apart do not n’t qualify as desertion. These exceptions ensure that desertion is established only when abandonment is truly unjustified.
Despite its straightforward definition, proving desertion in a legal context requires clear evidence and adherence to proper legal procedures. Understanding the steps involved and the type of proof needed is essential for a successful case.
Read below to learn more about the legal process and the evidence required.
The court procedures for a divorce on the grounds of desertion are complex. Here’s a brief outline of the court procedures for a desertion-based divorce that you can expect:
In a desertion-based divorce, the legal outcomes for both parties depend on the court’s assessment of evidence and circumstances. If the court rules in favour of the applicant (the spouse filing for divorce), they may be granted a Final Judgment, officially ending the marriage. This decision can also affect ancillary matters like child custody, division of assets, and spousal maintenance, often favouring the party who was deserted.
The court’s ruling may impact the spouse accused of desertion’s financial obligations and parental rights. If their absence is deemed harmful to the family’s well-being, they might be required to provide maintenance or lose custody rights.
The court’s decisions on child custody, alimony, and division of matrimonial assets in a desertion-based divorce focuses on fairness and the best interests of the child rather than assigning blame.
For child custody, the abandoning spouse’s lack of involvement may affect their chances of gaining custody or visitation rights, as the court prioritises the child’s welfare and stability. This is to ensure the child grows up in a safe, supportive, and consistent environment.
When it comes to alimony and asset division, desertion doesn’t automatically result in financial penalties. However, the deserting spouse’s failure to contribute financially or emotionally during the separation period may influence the court’s assessment of maintenance payments and equitable asset distribution.
If desertion has occurred, reconciliation options can still help save the marriage before proceeding with divorce. Couples may choose marriage counselling through professional services to address underlying issues and improve communication. Mediation, in which a neutral third party facilitates discussions and possible solutions, is another approach.
If both parties agree to reconcile, they can also explore informal arrangements, such as trial cohabitation, to rebuild trust and assess compatibility. However, a brief attempt at reconciliation won’t necessarily disrupt the timeline for desertion unless cohabitation becomes consistent and ongoing.
Filing for divorce on the grounds of desertion can be legally complex, requiring proper documentation and a clear presentation of evidence. Having experienced legal representation ensures that your rights are protected and your case is effectively handled.
Want to understand why legal support matters in this process? Read on below.
The most important role of family lawyers is gathering strong, admissible evidence to support your desertion claim. They help collect documents, witness statements, and financial records while ensuring that the legal requirements are met. Their expertise in building a solid case increases your chances of a favourable outcome in court.
One of the most frustrating things when dealing with any divorce proceedings is managing strict filing timelines, preparing accurate documentation, and understanding court procedures. Legal representation helps you stay on track, avoid costly mistakes, and ensure that all the necessary paperwork is properly completed and submitted for a smoother and less stressful process.
Each divorce case is unique, and legal representation ensures you receive advice that is tailored to your specific situation. A good divorce lawyer in Singapore can help assess the strength of your desertion claim, guide you in gathering the right evidence, and suggest the best legal strategies. This personalised approach improves your chances of obtaining a favourable outcome.
If you or a loved one is facing such a situation, know that you are not alone—we are here to support you and to advocate with expert advice for the best possible outcome.
As one of the best family and divorce law firms in Singapore for over 20 years, Sterling Law lawyers will work closely with you, keeping you informed and protecting your interest every step of the way. Contact us today.
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