How to Get a Divorce When Your Spouse Is Missing

When an Applicant files for divorce in Singapore, the law requires that the Respondent be informed of the proceedings. This is normally done by Personal Service, where the divorce documents are delivered directly to the Respondent to ensure they are aware of the case. With the Respondent’s agreement, service can also be effected via e-mail or other messaging apps. However, situations may arise where the Respondent cannot be contacted—whether due to a change of address, avoidance of service, or an unknown location. In such cases, alternative legal steps must be taken to ensure the proceedings can continue while upholding the principles of fairness and due process.

Issuing Writ of Divorce to Spouse Via Personal Service

Once the Court accepts a matrimonial application for divorce, the Applicant must serve the sealed application on the Respondent. This process ensures that the Respondent is formally notified of the proceedings.

Typically, service is carried out through personal delivery by an authorised individual, such as a lawyer, a legal clerk, or the Applicant if self-represented. In some cases, a process server may be engaged. Personal service is considered valid if:

• The Respondent’s lawyer accepts service on their behalf.
• The Respondent files a court document in response, such as an Acknowledgment of Service, Notice to Contest, Reply, or Reply affidavit.
• The Applicant submits an affidavit of service, supported by evidence that the Respondent has received the documents, and the Court deems this evidence satisfactory.

Applying for an Order for Substituted Service

To obtain an order for substituted service, the applicant must demonstrate attempts to locate the Respondent. This may include contacting family and friends, checking their last known workplace, or reviewing public records.

If the Court grants an order for substituted service, the divorce papers may be served using one or more of the following methods:

Registered Post (Prepaid Advice of Receipt) or Ordinary Post

Documents may be sent to the Respondent’s last known address via registered or ordinary mail. If using ordinary post, additional proof of receipt may be required.

Where appropriate, service may be conducted electronically, ensuring that the documents reach the Respondent efficiently. Approved electronic methods may include:

• Email – The sender must provide proof that the email address belongs to the Respondent and is actively used, such as previous correspondence or email read receipts.
• Instant Messaging Apps (e.g., WhatsApp, Telegram, WeChat) – Service may be considered valid if delivery can be verified through read receipts, timestamps, or a response.
• Social Media – The Court may allow service through direct messaging on platforms like Facebook or Instagram if the Respondent’s account activity can be verified.
• Singpass App Inbox – If approved, the Respondent will receive a push notification via the Singpass App. As this method is available only through the eLitigation platform, legal representation may be required to facilitate the process.

Posting at the Respondent’s Last Known Address

To apply for substituted service by posting divorce papers at the Respondent’s last known address, the Applicant must first attempt personal service at least twice. Each attempt should be reasonable and properly spaced. If these attempts fail, the Applicant must file an affidavit detailing the dates, times, and outcomes of both tries and explain why they were reasonable.

If no one answers the door during both attempts, the Applicant must provide proof that the Respondent still resides at that address. This could include official documents, correspondence, or personal knowledge. If the address cannot be verified, the Applicant should make further efforts to locate the Respondent—such as contacting their relatives, friends, or employer—and include those efforts in the affidavit.

If a new address is discovered, personal service should be attempted there, with full details added to the affidavit. If the Respondent is overseas, the Applicant must explain how the documents will be served—whether by mail or by posting them at a specific location—and provide any known details about the Respondent’s return.

In cases where the Respondent is believed to be avoiding service, the Applicant must include additional evidence to support this claim. All efforts made to locate and serve the Respondent should be clearly documented in the affidavit.

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As a last resort, the court may permit service through newspaper advertisements. Before applying for this method, the Applicant must first make reasonable efforts to locate the Respondent. The affidavit supporting the application must include:

• Details of past contact with the Respondent, their known associates, and any efforts to locate them.
• The Respondent’s literacy level and their preferred language.
• Justification for placing an advertisement in an overseas newspaper (if applicable)

If the Respondent is literate in English, the advertisement should be published in one issue of The Straits Times. If their language literacy is unknown, it should also appear in one of the main non-English language newspapers. The goal is to ensure the Respondent has a reasonable chance of seeing the notice.

When Can Dispensation of Service Be Granted?

If all reasonable efforts to locate the Respondent are unsuccessful, an application for dispensation of service may be made. If granted, this relieves the applicant of the obligation to serve the documents. The Court will require evidence demonstrating that exhaustive attempts have been made and that further efforts would be futile.

Final Steps

Once substituted service or dispensation of service is approved, the divorce proceedings can continue in the Respondent’s absence. If the Respondent does not respond, the Applicant may proceed to obtain a default judgment, allowing the divorce to be finalised.