Changes to the civil divorce process will come into effect on Jul. 1, 2024, said the Ministry of Social and Family Development (MSF) in a statement on May 13.

The amendments to the Women's Charter, passed in Jan. 2022, include allowing couples who mutually agree that their marriage has broken down irretrievably to divorce, and extending a mandatory co-parenting program.

MSF said it is hoped that these changes will "strengthen therapeutic justice elements" in the divorce process and support families undergoing divorce.

Divorce rules outlined in the Women's Charter

Currently, to end a marriage, both parties need to cite one of the following facts as the basis for their divorce: desertion, adultery, unreasonable behaviour, and separation (for three years with consent or four years without consent).

These facts are outlined in the Women's Charter, a legal document first introduced in 1961 to protect the rights of women.

A report from the Committee to Review and Enhance Reforms in the Family Justice System (RERF) in 2019 recommended amendments be made to the Women's Charter to incorporate "therapeutic justice" as a way to protect the welfare of children and families during divorce proceedings.

Concerns were raised about the effect the at-fault model of divorce would have on children.

All recommendations made by RERF were accepted by the government.

Divorce by Mutual Agreement

From Jul. 1, 2024, if both parties mutually agree their marriage has broken down irretrievably, the couple will be able to file for divorce citing Divorce by Mutual Agreement (DMA) as a fact.

Sun Xueling, Minister of State for Social and Family Development, told parliament in 2022 the DMA will allow couples to take "joint responsibility" for the breakdown in their marriage.

However, she said it is not a "quick and easy divorce".

To cite DMA as a fact, couples will need to provide the court with the following:

1. The reasons leading parties to conclude that their marriage has irretrievably broken down;
2. The efforts made to reconcile; and
3. Considerations are given to the arrangements to be made in relation to the parties’ children and financial affairs.

The court may reject a submission if it believes reconciliation is reasonably possible.

Mandatory Co-parenting Programme Expanded

The other amendment relates to the Mandatory Co-Parenting Programme (CPP), formerly known as the Mandatory Parenting Programme (MPP).

The CPP is a programme for couples who have a child under the age of 21 wishing to file for a divorce.

It is currently a requirement for couples on the "normal divorce track" — where a couple is unable to come to an agreement on the grounds for divorce and/or ancillary matters.

For those on the "simplified track" — where they can agree on all issues relating to the divorce and the ancillary matters — CPP is currently optional.

From Jul. 1, 2024, the programme will  be mandatory for all couples with children under 21.

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