Divorce by mutual consent may boost cooperation on finances, parenting

It could lower cases of repeated enforcement of maintenance, child access orders: Lawyers

- Malavika Menon

Allowing couples to divorce by mutual consent could improve cooperation on parenting and financial matters, said experts.

A consensual, non-acrimonious divorce, lawyers said, could also lead to fewer incidents of repeated enforcement of maintenance orders and child access orders.

The Government proposed new changes to the Women’s Charter in Parliament last Monday, one of which was introducing a sixth fact for divorce termed “divorce by mutual agreement of the irretrievable breakdown of the marriage” (DMA), which allows couples to take joint responsibility for the breakdown of their marriage.

Senior associate director at PKWA Law Practice Dorothy Tan said divorce by the mutual agreement would be a welcome change as it removes the need for the divorcing couple to rehash their marital disputes in order to prove to the court the irretrievable breakdown of their marriage.

Ms. Tan cited cases of couples who wanted to end their marriage without placing blame on either spouse.

“We have been asked countless times whether they still need to state the other person’s unreasonable behavior when they have both agreed the marriage has come to an end. Some also ask whether the language can be neutralized to simply state that they have mutually decided that they are unable to see eye to eye on matters.