What is desertion? How to file a divorce in Singapore based on desertion? Desertion is the situation where one spouse abandons the other in a way that builds his/her rejection of their current marital relationship. To prove desertion, two factors must be considered:
- The couple has been physically separated for a continuous duration of two years
- The spouse who has abandoned had the purpose of doing so
On the grounds of desertion, the party's intention to desert refers to the action of bringing the marriage to an end. To show that there was an intention to desert, the spouse filing for divorce must show that:
- It was non-consensual.
- There was no reasonable cause for desertion.
Not Consensual
To show that a spouse's purpose of deserting the other was non-consensual, the other party must show in court that he/she was abandoned by the other against his/her goals. It means that both spouses must not have agreed to live separately. If you are wondering how to file a divorce in Singapore, you must consult a lawyer to guide you in the process.
However, if one party chooses to cohabitate again after mutually agreeing to live apart but the other party denies, this can exhibit a purpose to desert. In the event where more than two years have passed, and the spouse who did not consent to live apart eventually accepts the other spouse's departure, there may be a case for desertion from the law's point of view.
No Good Cause
It is also essential to show that the spouse who deserted had the purpose of doing it and did not act due to his/her circumstances. For example, suppose the couple had been physically separated because, for instance, one of them had to travel overseas for a long-term work commitment or had been hospitalized for an extended period. In that case, the court will not record any intention to desert. It is because it was required for the couple to live apart based on the circumstances. This does not lead to a breakdown of a typical household, which desertion indicates.
Desertion cannot be used as grounds for divorce in the case where one party had left due to the behavior of the other, as this would constitute a 'good cause' for the spouse to leave. Instead, relying on the factor of unreasonable behavior or any other ground for divorce can make a stronger case.
If you are not aware of how to file a divorce in Singapore based on desertion, you can seek legal help from Mr. Jonathan Wong, an experienced divorce lawyer, a corporate lawyer, and a criminal lawyer in Singapore. He will listen to your case attentively and give you the best and free legal advice related to your lawsuit.
As a corporate lawyer, he has also helped many businesses choose a business structure, draft contracts, etc. Schedule a 30 mins free consultation today and get your queries solved.
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