Courts may ask divorcing couples to work on saving marriage instead

Couples who file for divorce by mutual agreement have to state efforts to reconcile

- Theresa Tan

The courts may direct couples hoping to end their marriage amicably to work on saving it instead, if they believe the couples have a "reasonable possibility of reconciliation".

For example, couples who cite divorce by mutual agreement have to state their attempts to salvage their marriage. The courts will then decide if further efforts at reconciliation will have a reasonable chance of success, a Family Justice Courts (FJC) spokeswoman told The Straits Times.

Since July 1, couples have been able to cite divorce by mutual agreement as a "fact" to prove that their marriage has broken down irretrievably.

In September, FJC Presiding Judge Teh Hwee Hwee said during the Law Society of Singapore's Family Conference that the court "will not grant a divorce if it believes there remains a reasonable possibility of reconciliation" for couples citing divorce by mutual agreement.

Justice Teh added: "In line with legislation and Parliament's intent, the courts seek to strike a balance - ensuring that the mutual agreement is carefully considered and that sufficient particulars are provided to demonstrate that reconciliation efforts have been made but have borne no fruit, while avoiding the need for parties to exchange accusations or engage in recriminations to obtain a divorce."

Couples citing divorce by mutual agreement have to state in writing the reasons why they concluded their marriage has "irretrievably broken down", their efforts to reconcile, and their considerations regarding financial arrangements and their children.

In response to ST's queries on what constitutes a "reasonable possibility of reconciliation", the FJC said divorcing couples have to state in their applications their efforts or attempts made to reconcile.