How to establish the right grounds for divorce
Lawyer-mediator RAJAN CHETTIAR explains how establishing the right grounds for divorce can minimise drama and maximise amicability. 
When you petition for a divorce, you’ll need to state the reason behind your intentions. Even if you and your estranged spouse have mutually consented to the divorce, you’ll need to prove to the Court one or more of the following has happened to cause the end of your marriage – unreasonable behaviour, adultery, desertion or separation.
Unreasonable behaviour is the most common and accepted grounds for a divorce. Although it may sound somewhat offensive it doesn’t caste any imputations on you or your estranged spouse’s character, personality or conduct. It also doesn’t affect either of you personally, professionally and your immigration status in Singapore will not change.
All you have to do is demonstrate behaviour unreasonable to you – it doesn’t have to be an extreme example. This is usually easy to gather because in most marriages it’s likely you’ve found your estranged spouses’ behaviour unreasonable at some point. Evidence of unreasonable behaviour is not initially required when you contemplate a divorce because most divorce cases don’t lead to a trial in the Singapore Family Court. Contested divorce cases are often mediated in the Family Court and result in consensual divorce orders.
Grounds for divorce don’t allow you or your estranged spouse to enjoy a larger pay out. It’s common for spouses who are sued for divorce to contest the proceedings initially, which can lead to ugly Court battles. However, after filing their responses in the proceedings, they usually decide not to contest during mediation.
During divorce mediation, the Judge mediator and the solicitors will consider the divorce writ and counterclaim filed by both you and your estranged spouse. You’ll both be asked to consider proceeding on the claims filed so as to achieve an uncontested divorce order against each other. If you or your estranged spouse decide to contest the divorce proceedings without filing a counterclaim, you may be asked to withdraw your defence and consider making amendments to the divorce writ. Once you both agree the amendments to the divorce writ, you can obtain an uncontested divorce order. Eventually, the Family Court’s objective is to assist both sides to obtain an amicable divorce, which is often the wish of both parties going through the divorce, once emotions subside and they are ready to move on with their lives.
Rajan Chettiar
Commissioner For Oaths, Mediator LLB (Honours), Barrister-at-law (Middle Temple), UK
