Divorce Procedures In Singapore
Starting the Divorce Proceedings
There is basically a three step process required to apply for a divorce. It starts with the filing of a writ for divorce, followed by a statement of particulars and statement of claim. The latter of the three outlines the grounds for which divorce is being filed, which of course must meet at least one of the conditions mentioned above. The statement of particulars lists the details that pertain to the grounds.
Children are also taken into account during the divorce proceedings, with the parties expected to make the court aware of their plans for future care of their children under the age of 21.
If the couple are still sharing a home, they must also detail what their future housing plans will be if the divorce is granted. You can refer to the HDB Divorce Rules if you have a HDB property.
Once all the documents have been completed, the court will review them and decide if they are acceptable. If yes, the defendant will receive a notice of action informing them of the divorce proceedings.
Once the defendant has received the documents and agrees to all the details contained within, they must then inform the court of their agreement.
A Status Conference will be called by the court, six weeks after the consent from the defendant.
This conference is considered a private matter between the contesting parties, with no access granted to the general public.
Any type of contesting of the claims by the defendant will mean that the couple will have to be referred to a marriage counselor.
If counseling fails to settle any disputes, the parties must then file affidavits of evidence.
It then falls on the judge to decide whether the divorce will proceed as contested or uncontested divorce.
An interim judgment is passed once that decision is made, followed by a 3-month waiting period to give the couple one final chance of reconciliation.
If that final attempt fails, the divorce moves into the ancillary process.
This is generally the final step to be taken, with the last part of the divorce coming when the judge agrees that “the marriage has broken down irretrievably.” He will then grant the divorce and award a divorce certificate that deems the divorce final.
Both parties are free to remarry 3 months after the final decision has been passed down.