At the same time, Lim cautioned that the shorter divorce process of DMA, with no separation period required, may result in less time given to look at the long-term impact on the children.
“The sudden change in family structure may also be detrimental to the emotional stability and security of the children,” Lim added. So it’s important for couples to consider their children’s wellbeing when going the DMA route.
DMA VS SEPARATION: SIMILAR BUT DIFFERENT
Prior to DMA, the only other no-fault based divorce option for a couple would be on the grounds of separation. Will DMA change what couples can opt for when filing for divorce?
It depends on the situation, said the lawyers CNA Women spoke to.
Unlike separation, DMA does not require the couple to undergo a separation period before filing for divorce. So for couples already living separately and who believe the marriage cannot be reconciled, DMA can be an option, said Soh.
However, they would still need to show receipt of the efforts made in attempting to reconcile the marriage before filing for DMA, added James-Civetta.
He said that in situations where the separated couple have moved on with new partners, proceeding with separation and then filing for divorce once the three-period is up, would be a preferred option.
Lawyers emphasise that DMA should not be seen as an all-encompassing solution for couples who want to end a marriage quickly.
On the contrary, “the requirements of DMA are likely to be stringent and the court still retains discretion in whether or not the divorce should be granted”, said James-Civetta.
Having these requirements in place is aligned with the government’s policy in relation to the sanctity of marriage. They serve as a reminder that a couple “must try to work on their issues before considering divorce, which has to be the last resort”, said Soh.
