Divorce Procedures | Divorce Process in Singapore

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Process in Singapore
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Divorce Procedures
In Singapore, the divorce procedures involve two
stages.
Plaintiff
The one applying for the divorce (the
applicant).
Defendant
The other spouse receiving the divorce
application from the applicant.
Filing of Court Documents
All Court documents must be filed or sent to the
Court using e-Litigation. All court documents
must be filed in a Service Bureau (if you are
unrepresented) or through a lawyer, who would
assist you to prepare the documents required.
Lawnet and CrimsonLogic Service Bureau133 New
Bridge RoadChinatown Point 19-01/02Singapore
059413Tel No 6538 950
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First Stage The Divorce
The Court will deal with the marriage itself.
That means the Court will decide whether the
divorce has been granted. If so, the marriage is
regarded as dissolved (legally terminated). IF
YOU ARE THE PLAINTIFF Step 1 File the Writ of
Divorce / Nullity together with the other
relevant documents through the e-Litigation
system. Step 2 Once approved, you need to serve
the filed documents to the Defendant
personally. Step 3 Set down your case to
proceed with no dispute (uncontested divorce) if
the Defendant does not respond by filing the
necessary documents within the stipulated
timelines. For uncontested cases, the divorce
hearing date would be set approximately 3 to 4
weeks from the date you set the matter down for
hearing, depending on court availability.
Usually, parties attendances are dispensed with.
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Step 4 If the Defendant files documents
indicating that he wishes to contest the
Application, the matter will become contested.
Both parties will have to file the necessary
documents in preparation for trial. Once all the
documents have been filed, a hearing will be
fixed for the Court to decide on the divorce.
Nevertheless, there is nothing to stop parties
from agreeing or negotiating to proceed on a
divorce on an uncontested basis. Step 5
Mediation is now compulsory and mandated by law.
The Court will direct that both parties attempt
mediation before any trial or hearing is
fixed. End of First Stage If the Judge
finds the marriage to be irretrievably broken
down with valid grounds as stated in the
Statement of Particulars and/or Counterclaim or
both, an Interim Judgement will be granted. After
the Interim Judgment is granted, the ancillary
matters would usually be heard in the chambers.
This marks the completion of the first stage of
your divorce proceedings.
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IF YOU ARE THE DEFENDANT Step 1 If you intend
to contest the divorce, you need to be certain on
what you are contesting and be clear on what it
is you are not in agreement with. Step 2 Enter
an appearance to contest through the e-Litigation
within 8 days of the date the divorce documents
were served to you. Kindly note if you miss the
given deadline, the court will process and fix a
hearing date for the divorce even in your
absence. Step 3 File a Defence to contest the
divorce through the e-Litigation. You must serve
the filed documents to the Plaintiff or the
plaintiffs lawyer within 24 hours.
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Second Stage The Ancillary Matters The Court
will deal with the ancillary matters after the
divorce is over. The general list of ancillary
matters (varying from case to case) are as
follows- (a) Custody, care and control, access
of the children(b) Division of the matrimonial
home (c) Division of the matrimonial
assets (d) Maintenance of Wife (e) Maintenance
of Children (f) Legal costs Alternatively, if
parties have an agreement on all matters, i.e.
the divorce and the ancillary matters, all
matters could be dealt with at the same time
without splitting the same into two stages.
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Final Judgment The Final Judgment is granted
either at the end of the ancillary matters, or
after 3 months following the grant of an Interim
Judgment, depending on the circumstances.
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