MSF Proposes Divorce by Mutual Agreement as an Amendment to the Women’s Charter

The Ministry of Social and Family Development (MSF) believes that more can be done to strengthen the institution of marriage, as well as to better safeguard the welfare of children in an event of a divorce between married couples.

Which is why under the proposed amendments to the Women’s Charter, MSF wants to introduce a sixth fact called “Divorce by Mutual Agreement of the irretrievable breakdown of the marriage” or DMA, which married couples may cite if they mutually agree on a divorce.

MSF Minister of State Sun Xueling spoke more of this proposed amendment in Parliament on 10 January 2022, during the second reading of the Women's Charter (Amendment) Bill.

Ms Sun said: “The amendments we have proposed attempt to first make the marriage process more couple centric and update safeguards to strengthen the divorce process by incorporating therapeutic justice into the process and ensuring those impacted by the divorce are supported.”

Divorce by Mutual Agreement (DMA)

Currently under the Women’s Charter, the “irretrievable breakdown of the marriage” can be granted if one or more of the following five facts can be proven.

They are adultery; unreasonable behaviour; desertion; separation of 3-years with consent; separation of 4-years without consent.

During MSF’s engagement with the public on this matter, it had received strong feedback from divorcees that the process of trying to prove one of the current five facts can be detrimental to the emotional well-being of the couple, as well as that of their children.

MSF said that having to cite one of the fault-based facts (adultery, unreasonable behaviour, or desertion) can cause parties to assign blame to each other, while citing one of the separation facts will result in them having to put their lives on hold for three to four years.

Hence, in line with the Family Justice Courts approach of therapeutic justice, the amendment to introduce DMA as a sixth fact that parties may cite hopes to reduce any further adversarial confrontation between couples, and to avoid any further emotional stress on the parties involved.

“This aims to reduce acrimony in divorce and better allow the family to heal and move on,” said Ms Sun.

Ms Sun reiterated several times in Parliament that the DMA does not allow for quicker divorce proceedings, and that couples would still have to go through a 3-year minimum marriage period before divorce can be filed.

The Labour Movement Responds

Labour Members of Parliament stood in support of the amendments but shared their concerns of the difficulties single mothers may face in the event of a divorce.

Group CEO of Fairprice Group Seah Kian Peng said: “No one goes into a marriage looking for divorce. But having decided to do so, one should be helped along as much as possible by the administration of the process.”

Mr Seah said that the DMA will accord respect and dignity to both parties, whether they have decided to part ways on good terms or acrimoniously.

However, Mr Seah wondered if more ought to be explored in terms of provisions for parents, especially working mothers.

He said that divorce proceeding should consider the livelihood concerns of single mothers and how they can be supported.

“I ask for us to consider how to better support such single mothers,” he said.

Mr Seah suggested if court ordered interventions such as mediation and counselling could be made to include employment advice and assistance for woman who are unemployed at the time of their divorce.

He also suggested for more flexible work support and career development for employees at all life stages, especially mothers with caregiving duties.

NTUC Women and Family Unit Director Yeo Wan Ling said that that although more can be done, the amendment to the Women's Charter is a step in the right direction.

She said: “If marriage is seen as one of life's major milestones, then a divorce and its proceedings should be afforded the same, if not greater understanding… the providence of livelihood options and its surrounding support mechanisms such as caregiving support to divorce women and parents is an important key to this fresh start.”

Ms Yeo called on the Government to seek better flexible work support for employees at all life stages, particularly for mothers with dependents.

She said that an enhancement to the existing tripartite standard for flexible work arrangements could be a step forward in aiding single mothers who bear the sole responsibility of providing for their children.

Beyond employment support, Ms Yeo also suggested that better support networks such as childcare centres, and after school programmes for single moms may afford them greater assurance that their children are being well-cared for.

NTUC Assistant Secretary-General Melvin Yong shared his concerns that the DMA may pose as a loophole for couples seeking to own multiple properties to avoid paying additional buyer stamp duties.

“How would the ministry identify such cases and are there penalties that will arise as a result of such fake divorces?” Mr Yong questioned.

Ms Sun has since responded to Mr Yong’s query, assuring that divorce proceedings would not be made any easier with DMA. She also called for family lawyers to do their due diligence to ensure that the request for divorces are genuine, and not a means to evade taxes.

Outside of the DMA, Mr Yong also called for single moms who need help returning to the workplace to turn to the Labour Movement for support.

“NTUC has been working with affiliated unions, the Employment and Employability Institute (NTUC’s e2i) and the NTUC LearningHub to support single mothers by bringing employment and training opportunities to them,” he shared.