Family Law Assignment Question 1 IntroductionA divorce is a legal avenue to end a marriage. To enable a divorce to be granted, the Courts will judge the writ strictly on a just and reasonable basis as...

Family Law Assignment Question 1 IntroductionA divorce is a legal avenue to end a marriage. To enable a divorce to be granted, the Courts will judge the writ strictly on a just and reasonable basis as it considers a multitude of elements from length of marriage, habitual residence of the applicant and reasons for divorce.Both parties must have married for least 3 years or prove a case of exceptional depravity or hardship like physical or mental abuse. The Courts will judge eligibility by applying the domicile rule to validate the Court’s jurisdiction to view the case. The Courts will consider allcircumstances based on justice and fairness. IssueApplicant.XRespondent.YOn the facts, X wishes to end his marriage to Y on the cause that the marriage has irretrievably broken down" as written in Section 95 (1) of the Women’s Charter (WC). X must provide on the balance of probabilities of one of the "five facts" under s. 95 (3). In his case, X will sue under s.93 (3) (d), WC "that the respondent has behaved in such a way that the applicant cannot reasonably be expected to live with the respondent." X can explore otheravenues if he wishes to keep any potentially embarrassing matters under wraps like a voidable marriage due to her mental disorder under s.106 (d) or an unconsummated marriage under s.106 (a) or a divorce after four year's separation without any mutual consent between both parties under s.95 (3) (e).RulesThree years moratorium period.There are several obstacles that the Courts haveplaced to protect the sanctity of marriage where a writ for divorce is rejected unless the three years period passed, as per s. 94(1), WC. This ensures that newly married couples have invested enough effort into their relationship and choose to end a marriage without thought. On the facts, X and Y have been married for seven years, fulfilling three years moratorium period.Domicile.We can assume that X is domiciled with an intention of staying for a long time in Singapore under S3, (1), WC, which gives Singapore Courts jurisdiction to grant a divorce as in Lee Mei Chih.2Irretrievable Breakdown of Marriage.X can file for a writ for divorce which an “irretrievable breakdown of marriage” under s. 95 (1), WC. X must prove the facts and circumstances caused or led to breakdown of the marriage on the basis it was just and reasonable to grant a judgement for its dissolution as in s. 95 (2). The law does not grant and divorce on grounds of “irreconcilable differences”. It is possible to obtain a divorce without alleging fault on the part of Y if x can prove that they have lived apart for four years before filing for divorce.