Divorce Challenges in Cross-Border Marriages: A Detailed Comparison of the Singapore and China Divorce Systems

Note: Cross-border marriages have always attracted attention. Between China and Singapore, difficulties can arise when a Chinese couple obtains Singapore permanent residence or a Chinese woman marries a Singaporean man. If the relationship breaks down, the couple may have to deal with custody, property division and whether one spouse can remain in Singapore. Where should they divorce, and how, to minimise the loss?

We previously published Divorce in China and Singapore: What are the differences? | Zhongxin Legal News. China’s Civil Code took effect on January 1, 2021, revising the marriage and family rules. After receiving further enquiries from new immigrants, we updated the earlier article and present this comparison for reference.

Under sections 93 and 94 of Singapore’s Women’s Charter, a divorce application in Singapore generally requires:

• One or both spouses to be habitually resident in Singapore for at least three years before the proceedings; and
• The marriage to have lasted at least three years, unless the marriage involves exceptional hardship or exceptional depravity.

Where one or both spouses are Chinese nationals and both agree to divorce, they may choose to return to China for an agreed divorce to save time.

The main differences are:

1. China offers a quicker and less expensive agreed-divorce process; in Singapore, even an agreed divorce requires a more complex and costly procedure.
2. In China, premarital property is generally not divided. Singapore may treat premarital property as matrimonial property where it was ordinarily used by the spouses or children during the marriage, or where it substantially increased in value during the marriage.
3. China generally starts from community property and equal division. Singapore does not presume equal division; it considers direct and indirect contributions under a separate-property framework.
4. China does not have a general statutory spousal-maintenance regime, although assistance may be ordered for a spouse in hardship. Singapore has statutory maintenance for a wife and children, subject to the circumstances and the amount of the order.
5. The rules on children and parenting arrangements also differ substantially.

The result of divorcing in one country rather than the other can therefore be very different. This article compares the procedural and substantive rules under China’s Civil Code and Singapore’s Women’s Charter.

1 Methods of Divorce

(1) Under China’s Civil Code, there are two methods: divorce by agreement and divorce by litigation.

• Divorce by agreement means that both parties voluntarily divorce and agree on children and property, then register at the civil-affairs bureau where one party’s household registration is located.
• Divorce by litigation applies where the parties disagree on the divorce, property or custody and either party files with a people’s court.

Note: Article 1077 of the Civil Code introduced the 30-day “cooling-off period”. Either party may withdraw the application within 30 days after it is received. Within the following 30 days, both parties must personally apply for the divorce certificate; otherwise the application is treated as withdrawn. The registration process is therefore: application, acceptance, cooling-off period, examination, and registration/issue of the certificate.

(2) In Singapore, every divorce is a court divorce, whether or not the parties agree.

1. Uncontested divorce. Singapore encourages couples who agree on all issues to use the simplified uncontested procedure. If they agree on divorce, property, children and maintenance, the court-hearing stage can generally be avoided by filing the required documents. Lawyers handle most of the process; the parties normally need only attend their lawyers’ offices to sign documents, and the cost is much lower than a contested case.
2. Contested divorce. This applies where either party disputes the divorce or any ancillary matter. It may require additional information, pre-trial conferences, mediation at the Children-Focused Resolution Centre (CFRC) where young children are involved, and multiple hearings, including the application for an interim judgment. It is more stressful and costly for the parties, lawyers and the court.

Chinese citizens who registered their marriage at the Chinese Embassy in Singapore may apply for divorce at the embassy, register a divorce with a domestic Chinese civil-affairs authority, or personally or through an agent commence proceedings in a Chinese court. If they acquired foreign nationality after marrying at the embassy, they generally need to file in Singapore or in the Chinese court at the other party’s former place of residence.

Chinese embassies and consulates have also adopted the Civil Code’s cooling-off rules. Chinese citizens who married at the Chinese Embassy in Singapore and voluntarily divorce must observe the 30-day period.

2 Litigation Process

(1) In China, the court normally hears dissolution, property and children’s issues together and decides them in one judgment. If a plaintiff seeks only dissolution and the defendant does not object, property may be dealt with separately. China uses a two-instance final system; if no appeal is filed, the first-instance judgment becomes effective.

(2) Singapore divorce proceedings have two stages.

Stage 1: Dissolution. The applicant must provide sufficient evidence that the marriage has irretrievably broken down. The Family Court then issues an interim judgment.

Stage 2: Ancillary matters. These include spousal maintenance, child arrangements and matrimonial property. The parties must agree the ancillary matters or wait three months after the interim judgment before applying for the final judgment, whichever is later. The fastest complete process is therefore about four months, while a contested case may take much longer.

Only the final judgment ends the marriage and restores the parties to single status. Singapore has had cases where one spouse died after the interim judgment but before the final judgment; the court then treated the parties as still married for inheritance purposes.

3 Time Limits for Divorce

(1) China has no general marriage-duration requirement. It does restrict a husband from filing while his wife is pregnant, within one year after childbirth or within six months after termination of pregnancy, unless the wife files or the court considers it necessary to accept the husband’s application.

(2) Singapore’s Women’s Charter generally prevents a divorce application within the first three years of marriage unless the marriage has caused exceptional hardship or involved exceptional depravity. Singapore case law describes the purpose as preserving the seriousness of marriage and discouraging impulsive marriage and divorce. Successful proof of the exception is rare.

In Ng Kee Shee v Fu Gaofei, the wife limited intimacy, left within three months, called the marriage a mistake and refused communication. The court held that her attitude caused exceptional hardship to the husband and allowed an early application. In Foo Teck Kuan v Chan Yoke Han, repeated affairs, including deliberate intimacy with other men in front of the husband, amounted to exceptional depravity.

4 Grounds for Divorce

(1) China uses the standard of an “irretrievable breakdown of the marital relationship”. The court should grant a divorce where mediation fails and one of the following exists:

1. Bigamy or cohabitation with another person;
2. Domestic violence, abuse or abandonment of a family member;
3. Gambling, drug abuse or other harmful habits that continue despite repeated education;
4. Separation for at least two years because of marital discord; or
5. Other circumstances showing that the relationship has broken down.

A divorce must also be granted where one spouse is declared missing. The Civil Code adds a further ground: after a court refuses a divorce, if the parties remain separated for another year and one spouse files again, the court must grant the divorce.

(2) Section 95 of Singapore’s Women’s Charter requires proof that the marriage has broken down irretrievably. The traditional grounds are:

1. Adultery, such that the applicant cannot reasonably be expected to live with the respondent;
2. Unreasonable behaviour;
3. Desertion for at least two years;
4. Separation for four years, or three years with consent; and
5. Absence or disappearance.

1 What Is Adultery?

(1) The applicant must prove sexual intercourse with another person. Mere intimacy is not enough.

(2) The application must generally be filed within six months after discovering the adultery.

(3) The respondent will rarely admit adultery. A written admission or a private investigator’s report may be required as evidence.

2 What Is Unreasonable Behaviour?

The concept is fact-specific and subjective. Examples include:

• Domestic violence;
• Infidelity;
• Physical abuse or threats;
• Verbal attacks;
• Drug abuse;
• Alcohol-related aggression or unreasonable conduct;
• Repeated criticism or insults;
• Disrespect;
• Financial irresponsibility affecting the applicant or children;
• Gambling causing debt or depletion of family savings;
• Repeated late returns with a strong smell of alcohol or perfume; and
• Emotional neglect or abandonment.

A single incident may not be enough, whereas continuing conduct may be. The court considers the cumulative effect, whether the applicant can reasonably continue living with the respondent, and the parties’ characters and attitudes. Where infidelity is pleaded as unreasonable behaviour, the applicant does not need an admission or a private investigator’s report, so the evidential burden may be lighter.

3 Desertion

Before filing, B must have deserted A for at least two continuous years, with the intention of ending the marriage permanently and not returning. That intention must be proved.

4 Three Years’ Separation with Consent

The applicant must show:

(1) The separation was voluntary. A person sent overseas for work or imprisoned is not necessarily voluntarily separated; and

(2) The marital relationship was no longer operating. The parties may live under one roof but must show separate domestic lives and that they no longer perform typical spousal duties such as cooking, dining, laundry or care.

A short reunion does not necessarily break continuity if it does not exceed six months and the total separation is at least three years. Couples sometimes sign a legally binding separation agreement. It does not change their marital status but can be strong evidence of separation when the divorce is filed.

5 Four Years’ Separation

This ground is common in contested divorces. The requirements are similar, but after four years the applicant does not need the other spouse’s consent.

Singapore’s Parliament passed the Women’s Charter (Amendment) Bill in 2022, adding a sixth ground: both parties agree that the marriage has irretrievably broken down. This allows the parties to share responsibility for the failure without taking opposing petitioner-and-respondent positions or making mutual accusations.

China focuses on a “broken relationship”, while Singapore emphasises that the breakdown is “irretrievable”. A simple statement of personality differences may be enough to support divorce in China but is less likely to suffice in Singapore. Even the simplified uncontested procedure usually requires evidence that the parties made genuine efforts to save the marriage. Singapore therefore sets a stricter expectation for preserving a marriage.

5 Compensation for the At-Fault Party

(1) Article 1091 of China’s Civil Code gives the innocent spouse a right to compensation where the divorce results from:

1. Bigamy;
2. Cohabitation with another person;
3. Domestic violence;
4. Abuse or abandonment of a family member; or
5. Other serious fault.

Awards commonly range from RMB 5,000 to RMB 100,000, and the court may also adjust the division of community property in favour of the innocent spouse.

(2) In Singapore, fault generally does not affect the division of matrimonial assets. When deciding ancillary matters, the court normally does not examine who caused the breakdown. Proving that the other spouse was “at fault” or “immoral” rarely produces an advantage. Mediation is often the best way to resolve ancillary matters.

6 Defining Matrimonial Property

(1) China’s Civil Code generally requires community property to be dealt with at divorce. Community property includes:

1. Wages, bonuses and labour remuneration;
2. Returns from production, business and investment;
3. Returns from intellectual property;
4. Inherited or donated property, except property designated for one spouse only in a will or gift contract; and
5. Other property that should belong to both spouses.

Both spouses have equal rights to manage community property. The Civil Code expressly adds labour remuneration and investment returns to the community-property scope. The parties may also agree before or during the marriage that property is separate, joint or partly separate and partly joint.

(2) Singapore uses a statutory matrimonial-property regime. The court divides matrimonial assets, including:

1. Property acquired by either spouse during the marriage;
2. Premarital property used by the spouses or children during the marriage for residence, transport, household, education, leisure, social or aesthetic purposes; and
3. Premarital assets to the extent they substantially appreciated during the marriage, including significant renovations or share dividends.

Gifts and inheritances generally fall outside the pool unless they substantially appreciated during the marriage. If inherited property is renovated, increased in value and ordinarily used by the family, part of the value may be allocated to the other spouse.

Singapore courts formally recognise but do not automatically enforce prenuptial agreements. The agreement must be consistent with the Women’s Charter and the result the court would otherwise consider appropriate. A term excluding all maintenance, reducing it to a nominal amount or undermining the child’s best interests may not be upheld. Foreign-law agreements may be respected where they do not conflict with Singapore public policy.

Postnuptial agreements, including divorce agreements, are generally supported if they are not manifestly unfair.

7 Methods of Dividing Matrimonial Assets

(1) In China, the parties may agree the division. If they cannot, the court considers the specific property and protects the interests of children, the woman and the innocent spouse. Division may be in kind, by sale and division of proceeds, or by compensation.

A spouse who made greater contributions by raising children, caring for elderly family members or assisting the other spouse’s work may seek compensation. Community debts are generally repaid jointly. Where a spouse hides, transfers, sells, damages or squanders community property, or fabricates joint debts, the court may award that spouse less or none of the property.

(2) Singapore does not simply divide assets 50/50. The court exercises discretion after considering:

1. Money, property and work contributed to acquiring, maintaining and increasing family assets;
2. Debts or obligations incurred for the family or children;
3. The children’s needs;
4. Non-financial contributions to family life, including caring for family members and supporting the other spouse’s career;
5. Agreements reached about ownership or distribution;
6. Any prenuptial agreement; and
7. Each party’s post-divorce financial independence, including work capacity and education.

In a short marriage with no children, a non-working spouse may receive little if there was little contribution. In a long marriage—often more than 20 years—where a wife became a homemaker, the court may award approximately 35–40% of the matrimonial assets in recognition of her contribution.

The court may order a sale, transfer to a trust, or a lump-sum or instalment payment. It may later vary, add to or set aside an earlier asset-division order where appropriate.

8 Spousal Maintenance

(1) In China, spouses owe each other a duty of support. A spouse in need may claim support from the other. At divorce, where one spouse faces hardship, the spouse with the ability to pay should provide reasonable assistance, as agreed or ordered by the court.

(2) Under Singapore’s Women’s Charter, a husband has a duty to maintain his wife from the date of marriage, regardless of her employment or income. After divorce, he may remain liable to maintain his former wife until her remarriage or death, subject to circumstances such as a short marriage or the wife’s sufficient income. A husband who loses the ability to maintain himself may also apply for maintenance.

The parties may agree the amount. If they cannot, the court considers under section 114:

1. The parties’ income, earning capacity, property and other resources;
2. Their present and foreseeable needs and responsibilities;
3. The pre-breakdown standard of living;
4. Their ages and the duration of the marriage;
5. Physical or mental disability;
6. Contributions to family welfare, including household and care work; and
7. Benefits lost because of the dissolution.

Maintenance may be paid as a lump sum or in instalments, and the court may vary it later. The goal is fairness and, where possible, to maintain the former spouse’s pre-divorce standard of living.

In Lee Yong Chuan Edwin v Tan Soan Lian (2000) SGCA 68, the court upheld a lump-sum award of S$960,000, equivalent to S$8,000 per month for ten years, to a homemaker who had been married for 12 years and had two children. The husband was a senior executive accustomed to a luxurious lifestyle, while the wife had limited employment skills. Where the wife has sufficient income or receives a substantial share of assets, the court may award a small or nominal sum. Even a nominal maintenance order can preserve the right to seek an increase if circumstances later change. In APE v APF, the Court of Appeal confirmed that where no maintenance order is obtained at the initial stage, it may be impossible to obtain maintenance later. This was also emphasised in Tan Bee Giok v Loh Kum Yong (1997).

Singapore’s maintenance regime reflects stronger statutory protection for women, while China’s system places greater emphasis on formal equality between spouses.

9 Child Custody and Support

(1) In China:

1. Divorce does not end the parent-child relationship. Both parents retain rights and duties to raise, educate and protect the child.
2. A child under two is generally placed with the mother. For a child aged two or above, the court decides according to the child’s best interests if the parents cannot agree. A child aged eight or above should be heard and the child’s genuine wishes respected.

Courts may give priority to a parent who has been sterilised or lost fertility, has cared for the child for a longer period, has no other children, or can provide a healthier environment. The court may also consider grandparents who have cared for the child for years and are able to assist.

3. The non-custodial parent pays part or all of the maintenance. The amount depends on the child’s needs, the parents’ ability and local living standards. For a parent with fixed income, 20–30% of monthly income is a common reference; for two or more children the proportion may rise but generally does not exceed 50%. A child may later seek a reasonable increase if circumstances require.
4. The non-custodial parent has a right of access and the other parent must assist.
5. Custody may be changed after divorce if circumstances materially change, for example where the original carer moves away, the other parent relocates overseas and seeks to care for the child, or the original carer becomes unable to provide care because of financial difficulty, unemployment or illness.

(2) In Singapore, child arrangements are a central ancillary issue. The court cannot make the final divorce order until satisfactory arrangements have been made for the children’s care, education and financial support, unless such arrangements are impracticable or the parties undertake to provide them later.

The court considers:

• Custody: who makes major decisions, such as immigration, name, education and religion;
• Care and control: who manages the child’s daily life;
• Access: how the other parent sees the child; and
• Maintenance: the cost of raising the child.

1. Singapore recognises four forms of custody:

(1) Sole custody: one parent makes all major decisions, often because the parents cannot communicate, one parent has abandoned custody in ancillary proceedings, or a parent has abused the child;

(2) Joint custody: both parents make major decisions. Singapore courts grant joint custody more often than sole custody;

(3) Hybrid custody: one parent has custody but must consult the other on child-welfare decisions; and

(4) Split custody: different children are placed under the separate custody of each parent. Courts rarely use this arrangement because siblings should not be separated merely because the parents have separated. In China, where there are two children, it is more common for each parent to care for one.

The court considers the primary caregiver, current arrangements, the child’s wishes, the parents’ wishes, the child’s age and the parents’ financial ability. Better finances alone do not give a parent an advantage, and the parents’ preferences do not override the child’s welfare.

2. Care and control. Young children are commonly placed with the mother, unless she consents to the father’s care or has abused or neglected the child. For older children, a social worker may interview the child and report the child’s wishes. Shared care, with roughly equal time with both parents, is another possibility. The overriding test is the child’s best interests.
3. Restriction on removing a child from Singapore. A non-custodial parent generally cannot take the child overseas without the custodial parent’s or the court’s permission, usually for no more than one month. Breach may amount to a criminal offence punishable by a fine of up to US$1,000 or imprisonment of up to one year. For a foreign spouse unable to remain in Singapore, this can create a serious risk of separation from the child.

4 Amount of Child Maintenance

There is no fixed formula. Maintenance generally covers medical, basic living and education expenses and should reflect the child’s accustomed standard of living. A Singapore child is generally a child of the marriage under 21, and education support may extend to undergraduate study after 21. China generally requires support until 18, with limited extensions where the child remains in secondary education or cannot live independently for reasons not attributable to the child. Singapore therefore applies a broader age range.

China’s rules are relatively general and principle-based, while Singapore’s parenting framework is more detailed.

In summary, China gives parties greater freedom in divorce, places more emphasis on equality and agreement, and encourages non-litigious procedures. Singapore’s system is more court-centred and gives the court a stronger supervisory role. In a cross-border divorce, parties should compare both systems and the possible forum to choose the process that best protects their interests. Actual cases raise many further issues and are costly in time and money, so professional advice is recommended.

If divorce becomes unavoidable, a calm and rational resolution is usually better for both spouses and the children.

— Author: Zhang Jingxinyue Review: To be confirmed by backend

This article is for general information only and does not constitute formal legal advice.

This article is general information and not legal advice. Specific matters require assessment by appropriately qualified professionals.