Reasons for Divorce
If you ever find yourself unable to continue in your marriage due to your partner’s unreasonable behaviour, know that you’re not alone. Unreasonable behaviour is one of the most common grounds for divorce in Singapore, covering a wide range of actions that make it difficult for you to live together.
As a divorce law firm in Singapore, we understand how emotionally challenging this process can be, and we’re here to provide the legal support and guidance you need during this difficult time.
It is important to understand what qualifies as unreasonable behaviour when filing for divorce in Singapore. This ground covers a wide range of actions that make the marriage intolerable for one spouse.
Read more below to learn about its legal definition and framework and how it affects both parties.
According to Section 95A(1)(b) of the Women’s Charter, unreasonable behaviour is a valid ground for divorce in Singapore. It is where a spouse has behaved in such a way that his or her spouse cannot reasonably be expected to live with him/her.
This includes actions which make it intolerable for one spouse to continue living with the other, such as emotional abuse, neglect, addiction, or controlling behaviour. The law protects by ensuring a fair process for those seeking to end harmful marriages.
But what exactly counts as unreasonable behaviour in a divorce? This term covers a wide range of actions that make it unreasonable for one spouse to continue the marriage.
Below, we’ll explore the legal definition of unreasonable behaviour and provide a clear list of common examples to help you better understand what this term entails.
Under Singapore divorce law, unreasonable behaviour refers to actions by one spouse that make it intolerable for the other to continue the marriage. This can include physical or emotional abuse, neglect, financial irresponsibility, or controlling behaviour.
Proving unreasonable behaviour is essential when filing for divorce on these grounds. The court assesses whether a “reasonable person” would find the behaviour unacceptable, considering the marriage’s unique circumstances and both parties’ character, attitude, and how they have acted during the duration of their marriage.
Domestic violence is one of the clearest forms of unreasonable behaviour in Singapore divorce law. It includes physical abuse, such as hitting or threatening harm, and emotional abuse, like intimidation, humiliation, or constant belittling. Such behaviour creates an unsafe and intolerable environment, making it impossible for the affected spouse to continue the marriage.
Another form of unreasonable behaviour is addiction, which can severely impact a marriage. These behaviours rooted in addiction often make it difficult for a spouse to maintain a healthy relationship. Substance addictions like drug or alcohol abuse often lead to neglect, financial strain, and emotional distress. On the other hand, gambling addiction similarly results in irresponsible spending and debt, creating instability.
If one spouse frequently displays aggressive behaviour or has uncontrollable outbursts, it can create a tense and unsafe environment. Constant yelling, intimidation, or physical threats can lead to emotional distress and fear. Over time, this behaviour erodes trust and respect, making it unreasonable for the other spouse to remain in the marriage.
Financial irresponsibility can be a form of unreasonable behaviour when one spouse’s actions create significant stress or instability. This includes racking up debts without the other spouse’s knowledge, refusing to contribute to household expenses, or mismanaging shared finances. Such behaviour can undermine trust and strain the relationship, often leading to serious marital conflict.
Marriage is built on mutual care and support, so neglect, whether emotional or physical, can be deeply damaging. Emotional neglect, like persistent lack of affection, communication, or support, leaves one partner feeling isolated and unsupported. Over time, this absence of care can create a breakdown in the relationship, making the marriage unsustainable.
While adultery is a legitimate ground for divorce in Singapore, it can also be considered a subset of unreasonable behaviour, especially when there is insufficient evidence. If one spouse’s infidelity makes it intolerable to continue the marriage from emotional distress, it strengthens the case for unreasonable behaviour, even without direct proof of adultery.
One of the most commonly cited grounds for divorce in Singapore is unreasonable behaviour because it offers a broad and flexible framework for ending a marriage. Unlike adultery, which requires concrete proof, or separation, which demands a long waiting period, unreasonable behaviour can be based on a wide range of issues.
Unreasonable behaviour can include anything from emotional neglect and financial irresponsibility to verbal abuse or a lack of intimacy, making it easier to demonstrate the breakdown of the relationship. This makes it a more accessible and practical option for couples seeking a quicker resolution, especially when the marriage has become intolerable for one party.
If the court determines that one spouse’s unreasonable behaviour has made it impossible for the other to continue the marriage, it supports the claim of an irretrievable breakdown. This is the only legally accepted reason for divorce in Singapore.
Unreasonable behaviour serves as evidence that the relationship has deteriorated beyond repair, justifying the need for legal dissolution.
Specific legal requirements and processes must be followed to file for divorce in Singapore on the grounds of unreasonable behaviour.
Here are the steps when filing for divorce on the grounds of unreasonable behaviour:
When filing for divorce in Singapore on the grounds of unreasonable behaviour, the applicant must submit an Originating Application for Divorce to the Family Court. This application needs to outline the specific behaviours that made the marriage intolerable, providing clear and relevant details.
Evidence is encouraged but not required for unreasonable behaviour. However, you are expected to be able to provide a comprehensive account or specific examples of the behaviour to present a compelling case.
The timeline for filing a divorce based on unreasonable behaviour in Singapore is important to consider. Generally, a couple must be married for at least 3 years before filing for divorce unless there are exceptional circumstances like extreme hardship.
Once the application is filed, the process typically takes four to six months if uncontested but can extend longer if the case is disputed.
Divorcing on the grounds of unreasonable behaviour can be challenging due to its unique nature, as unreasonable behaviour is not the same for everyone.
To navigate this process smoothly, read on to understand what needs to be done to prove unreasonable behaviour and how to present a strong case in court.
Establishing unreasonable behaviour during the divorce process requires presenting clear, specific examples of the behaviour that made the marriage intolerable. This can include incidents of emotional abuse, neglect, financial irresponsibility, or controlling actions.
The court evaluates whether a “reasonable person” would find the behaviour unacceptable, so detailed documentation is crucial.
While concrete evidence is not required in the case of unreasonable behaviour, it can be helpful to present a strong case. Well-documented evidence ensures the court fully understands the impact of the behaviour on the marriage.
Below are examples of useful evidence that can help provide tangible proof and strengthen the case:
Courts assess claims of unreasonable behaviour by considering the specific circumstances of each marriage. They evaluate the severity, frequency, and impact of the behaviour on the affected spouse.
Factors like the couple’s personalities, cultural background, and length of marriage are also taken into account. The court’s main focus is whether a “reasonable person” would find it intolerable for the couple to continue the relationship.
What is required in an unreasonable behaviour claim is not proving fault in a legal sense but showing that the behaviour made it impossible for the marriage to continue. The applicant must demonstrate how the spouse’s actions, whether emotional neglect, controlling behaviour, or financial irresponsibility, caused significant distress, and the court will assess it as such.
There are many challenges when a divorce is based on the unreasonable behaviour of a spouse, as it is often subjective and will depend on individual perceptions. What one person finds intolerable may seem minor to another, making it crucial to present clear, convincing evidence to support the case.
Read more below to learn the common challenges faced when proceeding for a divorce based on the spouse’s unreasonable behaviour.
When the claim of unreasonable behaviour involves emotional neglect or psychological abuse, gathering sufficient evidence can be particularly challenging. Unlike physical abuse, these issues often leave no visible marks and are harder to document.
Victims may struggle to provide tangible proof, relying on personal accounts, therapist reports, or witness statements, all of which courts may scrutinise closely for credibility and consistency.
Another challenge is the potential resistance from the other spouse, who may dispute the claims of unreasonable behaviour. They might argue that the behaviour was exaggerated or misinterpreted, leading to a contested divorce. This can prolong the process, an increase in legal costs, and add to the emotional strain for both parties involved.
It is emotionally draining for spouses to testify about deeply personal and painful experiences in court. Recalling incidents of unreasonable behaviour can reopen old wounds, leading to stress and anxiety. This process can also escalate conflict between both parties, making it harder to reach an amicable resolution.
Despite its challenges, citing unreasonable behaviour has its advantages due to its unique nature. Below are reasons why citing unreasonable behaviour is beneficial.
The lack of a required separation period is a significant advantage of citing unreasonable behaviour in a divorce. Unlike separation-based grounds, which require living apart for up to 3 years, unreasonable behaviour allows couples to file for divorce without waiting, enabling a quicker resolution when the marriage becomes intolerable.
Unreasonable behaviours do not look the same in every marriage, allowing for a wider range of reasons to justify divorce. Many issues can be cited, whether it’s lack of intimacy or financial irresponsibility. This flexibility makes it easier for individuals to present their unique circumstances in court.
Marriage is a legally binding partnership, and the Singapore courts aim to resolve divorce cases as amicably as possible. When citing unreasonable behaviour, the court often encourages mediation and settlement discussions to reduce conflict. This approach helps both parties reach fair agreements while minimising emotional strain and legal costs.
While filing for divorce on the grounds of unreasonable behaviour may seem straightforward, the legal process can be complex and emotionally taxing. From gathering evidence to presenting a convincing case, every step requires careful attention.
Here’s why legal representation is essential.
If you are struggling to determine whether a particular act or situation is considered unreasonable behaviour, hiring an experienced divorce and family lawyer is highly recommended. Let us help you with expert advice and support for the best possible outcome.
With experience in family and divorce law for over 20 years, Sterling Law has some of the best divorce lawyers in Singapore who will work closely with you, keeping you informed and protecting your interest every step of the way. Contact us today.
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