What if I do not Satisfy the 3 Years’ Residency, can I Divorce?

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You can’t unless you can show the intention to be domiciled in Singapore, ie to make Singapore your home and to live here, period. You need to satisfy the test as stated in the case of (2005) SGDC80 – DIDIER VON DANIKEN v SANAA VON DANIKERN BORN ELKOLALY, reference to Wong Phui Lun Joseph v Yeoh Loon Goik (1978) 1 MLJ 236.

ie domicile of choice – 2 elements to be shown:

(a)  Fact of residence

(b)  Fact of intention of permanent or indefinite residence

Basically, you need to show you treat Singapore as your home. The onus is on you to prove that you have acquired Singapore domicile. Evidence has to be shown that there is no contingency plan to return to your home country, that you have cut links with your home country, taken a long term job in Singapore, shifted assets to Singapore, that you are keeping cash in bank here in Singapore and not overseas, taken attained Permanent Residency in Singapore or applied for Singapore Citizenship. Basically to show you treat Singapore as a home.

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