The information in this blog article must not be taken to be or be constituted to be legal advice rendered by Bethel Chambers LLC. This is general information and for your specific case needs, please book a consultation with any of our lawyers through the ‘Book Your Consultation’ tab.
Navigating divorce proceedings on the grounds of Desertion involves understanding the legal nuances surrounding abandonment by a spouse. Desertion in the context of divorce proceedings refers to one spouse abandoning the other against their wishes.
If you seek a divorce on the grounds of Desertion, you must demonstrate to the Court that you’ve experienced continuous abandonment for at least two years leading up to the filing of your divorce. The two-year period of Desertion may have interruptions if you and your spouse live together during specific periods.
Understanding these aspects is crucial for individuals considering or going through a divorce on the grounds of Desertion. For personalized guidance tailored to your unique situation, we encourage you to consult with the experienced family lawyers at Bethel Chambers.
Desertion As Grounds For Divorce
In legal terms, Desertion refers to being abandoned against your will by your spouse. If you ever find yourself in such a situation, you can initiate a divorce from your deserting partner. According to section 95 of the Women’s Charter, it is necessary to establish that your marriage has irretrievably broken down due to Desertion to file for a divorce.
Filing for divorce involves demonstrating that:
-
Your spouse has deserted you for at least two (2) years before the commencement of divorce proceedings.
-
You have not resumed cohabitation with your spouse for over six (6) months.
Failure to substantiate either criterion renders Desertion unjustifiable, and the desertion period must recommence. However, one of the parties must be a Singapore Citizen or Singapore Permanent Resident and have resided in Singapore for at least three (3) years immediately before initiating the divorce proceedings.
Additionally, the marriage must last for at least three years before becoming eligible for divorce. If you are considering getting a divorce within the first three years of your marriage, you might want to consider filing for an annulment instead if meeting certain requirements.
Proving Desertion
To establish Desertion as a valid ground for divorce, it is crucial to pinpoint and specify the exact date when your spouse left you. The Courts evaluate all circumstances surrounding both parties.
The assessment encompasses the conduct of each party during the desertion period and the reasons behind it. Only after considering this information can the Courts determine when you and your spouse began living separately.
The Court can acknowledge Desertion if you can demonstrate that you and your spouse have physically lived apart and there is an evident intention on your spouse’s part to desert you. It’s essential to note that this intention cannot be based on an agreement between you and your spouse to live separately.
Conclusion
If you’re looking to establish Desertion as a valid reason for divorce, you’ll need to be very specific about the date of abandonment. The Courts will examine various factors, and Desertion is only recognized if one spouse physically separates with the clear intention of leaving the other.
To navigate the legal complexities of this issue, it’s crucial to seek professional help. The experienced family lawyers at Bethel Chambers can provide the guidance and support necessary to thoroughly understand your legal options during this difficult process.
