Getting a Divorce: How to Prove Desertion

Last updated on May 24, 2017

Featured image for the "Getting a Divorce: How to Prove Desertion" article. It features a wife sitting on the floor in a darkened setting, crying.

One day, your spouse walked out of the house and never came back.

You waited.

And waited.

But your spouse didn’t return.

It took you some time, but you’ve finally overcome your grief. You’ve decided to file for divorce.

There are a few ways of proving irretrievable breakdown of marriage so as to get a divorce. One way is to prove that your spouse has deserted you (note: and not the other way round).

What is “Desertion”?

Under the Women’s Charter, which provides for the law on divorce, “desertion” implies an abandonment of one party against his or her wishes.

In the context of divorce, this means that the deserting spouse has completely rejected the marital relationship.

Minimum Period of Desertion

Before the court will grant a divorce, the deserted spouse must prove that he/she has been deserted for a continuous period of at least 2 years before filing for divorce.

“Continuous” desertion for at least 2 years does not mean that the desertion must have happened for 2 years straight. The 2 years can include “breaks”, of up to 6 months in total, where the parties continued to live together. For example, where the deserting spouse returned to the household for some time before leaving again.

However, these “breaks” have to be made up so that there has been a total desertion period of 2 years.

Proving Desertion

To prove desertion:

  1. The parties must have been physically separated; and
  2. The deserting spouse must have had the intention to desert his/her spouse.

Physical separation

Desertion can only be proved with physical separation and not any other type of separation.

Here, physical separation refers to the parties living in separate households. This is different from living in separate houses, or even sleeping in different bedrooms of the same house. Rather, the parties have to keep separate households.

For example, parties who sleep in separate houses can still be considered as living in the same household if they spend their waking hours together.

Intention to desert

The deserted spouse must also be able to prove that his/her spouse had the intention to desert him/her. The intention to desert is commonly understood as an intention to “bring the matrimonial union permanently to an end”.

More importantly, the intention to desert must be non-consensual. This means that parties cannot use the fact that they had agreed to live apart to get a divorce on the basis of desertion.

That said, the intention to desert can still form even after parties agreed to live apart. One example of this is where the parties have separated and one spouse later expresses the intention to cohabitate again, but the other refuses. Only at this point will that other spouse then be considered to have the intention to desert.

Finally, desertion implies the breakdown of a common household by one spouse even though this was not required by his/her personal circumstances. Therefore, there is no intention to desert if the parties’ situation required them to live apart, such as one spouse going overseas for work or further studies.

Difference between Separation and Desertion

It is important to appreciate the difference between separation and desertion since they form different facts for proving irretrievable breakdown of marriage under the Women’s Charter.

Separation occurs when a couple is legally married but live apart from each other. It is the most appropriate fact for proving irretrievable breakdown of marriage when neither party is at fault for their marriage breaking down. Separation can occur anytime, with the parties agreeing to do so.

On the other hand, desertion is essentially non-consensual separation. The line between separation and desertion is therefore whether there was an intention to desert.

As mentioned above, desertion occurs when one has been abandoned by his/her spouse. This mean that the parties are separated not by agreement, but because one spouse has chosen to leave his/her spouse against his/her wishes.

Being deserted can be a traumatic experience. However, it is not the end of the road. You can choose to start anew.

If you need legal advice on getting a divorce from your spouse, whether on the fact of desertion or another fact, feel free to get in touch with one of our trusted divorce lawyers.

You can also check out our comprehensive guide to divorce fees in Singapore.

Before getting a divorce
  1. Process for Getting Divorced in Singapore (With Diagram)
  2. What are the Legal Grounds for Getting a Divorce?
  3. 3 Finance Questions To Ask Before a Divorce
  4. Practical Preparations for a Divorce
  5. How to Divorce Within 3 Years of Marriage in Singapore
  6. Getting a Divorce Due to “Irreconcilable Differences” in Singapore
  7. Online Divorce in Singapore: How It Works and Should You Get One?
  8. How Can I Divorce Overseas?
Divorce Fees
  1. Comprehensive Guide to Divorce Fees in Singapore
Getting a Divorce Lawyer
  1. The Complete Guide to Choosing a Good Divorce Lawyer in Singapore
  2. Don’t Just Go for the Cheapest Divorce Lawyer in Singapore
  3. Find Experienced Divorce Lawyers in Singapore
  4. Child Custody Lawyers in Singapore
  5. First Meeting with Your Divorce Lawyer: What to Bring
Proving Irretrievable Breakdown of Marriage
  1. How to Prove Adultery for Divorce Purposes in Singapore
  2. Getting a Divorce: How to Prove Desertion
  3. How to Prove Unreasonable Behaviour
  4. How to Prove Separation for a Singapore Divorce
Application for Divorce Part I: Dissolution of Marriage
  1. Procedure for Dissolution of Marriage
  2. Simplified Uncontested Divorce vs Contested Divorce in Singapore
  3. Mandatory Parenting Programme Guide for Divorcing Parents
  4. Divorce Mediation in Singapore
  5. Divorce Application: What to Do If Your Spouse Cannot be Found
Application for Divorce Part 2: Ancillary Matters (Maintenance, Assets, Custody)
  1. Procedure for Ancillary Matters
  2. Maintenance of Spouse in a Singapore Divorce
  3. Filling in a Matrimonial Property Plan for a Singapore Divorce
  4. Dividing Matrimonial Assets in a Singapore Divorce
  5. What Happens to Your HDB Flat after Divorce?
  6. What Happens to Gifts Between Spouses During a Divorce?
  7. What Happens to Property and Assets Located Overseas Upon a Divorce in Singapore?
  8. Child Custody, Care and Control & Access: Singapore Guide
  9. Getting Divorced: Child Maintenance in Singapore
  10. Singapore Divorcee's Guide to Relocating Your Child Overseas
Post-Divorce
  1. How to Appeal Your Divorce Case in Singapore
  2. Divorce Certs in Singapore: How to Get a Copy and Other FAQs
  3. Transfer of Matrimonial Home to Ex-Spouse After Divorce
  4. Can Divorcees Buy or Rent HDB Flats, and How?
  5. What to Do If Your Ex-Spouse Does Not Provide Maintenance
  6. Variation of Maintenance Orders in Singapore
  7. What to Do If Your Ex-Spouse Denies You Access to Your Child
  8. Division of CPF Assets (Monies, House, Investments) After a Divorce
Expatriate Divorce
  1. Immigration Issues for Divorcing Expatriates
  2. Can Foreigners Divorce in Singapore?
  3. Expat or Foreigner Divorce in Singapore: 10 Legal Issues to Consider
  4. Hague Convention: Overseas Child Abduction in Singapore Divorce
  5. Case Study: Cross-Border Child Custody and the Hague Convention on International Child Abduction
  6. Should British Expats Divorce in Singapore or England?
  7. Divorce for British Expats: How the English Courts Deal with Financial Matters
Muslim or Syariah Divorce
  1. Muslim Divorce in Singapore
  2. Talak in a Muslim Divorce in Singapore (and Its Effects)
  3. Guide to Divorcing by Khuluk for Muslim Wives in Singapore
  4. Applying for Nafkah Idaah and Mutaah in a Muslim Divorce in Singapore
Other divorce matters
  1. Guide to Personal Protection Orders in Singapore
  2. Case Study - Love conquers All: The Divorce That Didn’t Happen
Annulment
  1. Annulling a Singapore Marriage: Requirements and Process
  2. What Happens to Your HDB Flat After an Annulment?
Separation
  1. Separation in Singapore
  2. Judicial or Legal Separation in Singapore: When and How to File
Prenuptial and Post-Nuptial Agreements
  1. Prenuptial Agreements in Singapore
  2. Should You Make a Post-Nuptial Agreement in Singapore?