| First
Stage |
| |
| Filing
of Divorce Petition |
| To commence
a divorce proceeding, the Petitioner (i.e. the applicant) must
apply for or e-file the following documents using the Electronic
Filing System either from his or her solicitor's law firm Front-End
system or from the Service Bureau and pay the required fees. |
| (1) |
Divorce Petition. The petition should state which of the
5 facts (i.e. adultery, unreasonable conduct, desertion,
3 years' separation with consent or 4 years' separation)
the divorce is based on, as well as the prayers (i.e.
applications) on the ancillary matters; |
| (2) |
Notice of Proceedings to the Respondent (the spouse who
is being sued for divorce) or Notice to the Co-Respondent
(the person with whom the Respondent is committing adultery
or having an improper association) ; |
| (3)
|
Where
there are minor children, an Agreed Parenting Plan : or
Proposed Parenting Plan ; and |
| (4) |
Where there is an HDB flat for division, an Agreed Matrimonial
Property Plan or Proposed Matrimonial Property Plan. |
|
| |
| Within
7 days after applying for the divorce petition using the Electronic
Filing System, the Petitioner must e-file an affidavit in support
of the petition and pay the required fees. The affidavit must
first be sworn before a Commissioner for Oaths and then e-filed
using the Electronic Filing System either from his or her solicitor's
law firm Front-End system or at the Service Bureau. In the affidavit,
the Petitioner confirms the contents stated in the petition,
and states the particulars in support of the fact pleaded (i.e.
adultery, unreasonable conduct, desertion, 3 years' separation
with consent or 4 years' separation). |
| |
| If you
need assistance in drafting or preparing the divorce papers,
it is advisable for you to seek legal advice. |
| |
| |
| Step
2: Service of Petition |
| The Petitioner
must serve the divorce papers mentioned above on the Respondent
and the Co-Respondent (where applicable). In addition, the Petitioner
must serve a copy of an acknowledgement of service and a copy
of a memorandum of appearance. This is to give the Respondent
and Co-Respondent notice that a suit has been started against
them. Service may be effected by: |
| (1) |
Personal service: an authorised person (usually the clerk
of a law firm) must hand the divorce papers to the Respondent
or Co-Respondent personally; or |
| (2) |
Service by registered post: the divorce papers may be
sent to the Respondent's or Co-Respondent's address by
registered post but he/she must sign and return the Acknowledgment
of Service to the Petitioner for service to be valid;
|
| (3) |
Service on the Singapore solicitor of a Respondent or
Co-Respondent: the divorce papers may be sent to the Singapore
solicitor of a Respondent or Co-Respondent by any means,
including through the Electronic Filing System, but for
service to be valid, the solicitor must endorse on any
of the documents that he accepts the divorce papers on
behalf of the Respondent or Co-respondent. |
|
| |
| A
Divorce Petition can also be served on a Respondent who is residing
outside Singapore, without getting the prior approval of the
court, by using one of the above means. |
| If the
Petitioner is unable to serve by the above means, the Petitioner
may apply, by e-filing a Summons-in-Chambers using the Electronic
Filing System either from his solicitor's law firm Front-End
system or at the Service Bureau and paying the required fees,
for: |
| (1)
|
Substituted
service (i.e. ask the court to approve an alternative
mode of service, e.g. by pasting the divorce papers on
the front door of the place where the Respondent normally
resides, or by placing an advertisement of the divorce
in the newspapers (if the country in which the Respondent
resides is known); or |
| (2) |
Dispensation of service (i.e. ask the court to approve
that the divorce papers need not be served. However, the
court will only grant this if reasonable efforts have
been made to locate the Respondent and even the country
in which the Respondent can be found cannot be ascertained.)
|
|
| |
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| Step
3: Filing of Memorandum of Appearance |
| If a Respondent
or Co-Respondent wishes to be heard by the court, he must complete
a copy of the Memorandum of Appearance. The memorandum must
state whether the Respondent is contesting the divorce petition
or contesting only the ancillary matters. The completed Memorandum
of Appearance must then be e-filed in court within 8 days from
the date of service of the divorce papers if the papers were
served in Singapore, or 21 days if the papers were served outside
Singapore. The Respondent or Co-Respondent must pay the required
court fees. |
| |
| If the
Respondent or Co-Respondent is of the view that the Family Court
of Singapore has no jurisdiction to hear the case, he or she
should nonetheless enter an appearance. Then, he should apply
by way of a Summons-in-Chambers, supported by an affidavit (a
written statement sworn or affirmed before a Commissioner for
Oaths) stating the grounds for saying the Family Court has no
jurisdiction, and asking the court for an appropriate order.
|
| |
| Upon receipt
of the Memorandum of Appearance, the court will send a copy
to the Petitioner. If the Respondent or Co-Respondent fails
to e-file the Memorandum of Appearance within the prescribed
time, and the Petitioner does not receive a copy of the Memorandum
of Appearance from the court, the Petitioner may proceed to
set down the case for hearing (i.e go straight to Step
7). |
| |
| Respondents
and Co-Respondents should therefore note that if they simply
ignore the divorce papers and fail to file the memorandum of
appearance, the court may proceed to hear the case and grant
the Divorce Petition. |
| |
| |
| Step
4: E-Filing of Answer and/or Cross Petition & Related Documents |
| If
a Respondent wishes to contest the Divorce Petition, he or she
must e-file an Answer using the Electronic Filing System either
from his solicitor's law firm Front-End system or at the Service
Bureau and pay the required fees. The answer must address all
the allegations in the Petition and set out the facts that the
Respondent is relying on to contest the Petition |
| |
| If the
Respondent also wants to get divorced, but disagrees with the
grounds set out in the Petition, then, he or she must e-file
an Answer and Cross Petition using the Electronic Filing System
either from his solicitor's law firm Front-End system or at
the Service Bureau and pay the required fees. In addition to
addressing the allegations in the Petition, the Respondent is
to set out which of the 5 facts (i.e. adultery, unreasonable
conduct, desertion, 3 years' separation with consent or 4 years'
separation) he is relying on to get a divorce and the facts
in support. If the Cross-Petition is filed based on the Petitioner's
adultery and the third party is known, the Respondent must name
the third party, known as the Party Cited. |
| |
| From the
date of service of the divorce papers on the Respondent or Co-respondent,
he or she must e-file the Answer or Answer and Cross Petition
using the Electronic Filing System either from his solicitor's
law firm Front-End system or at the Service Bureau and pay the
required fees, within 22 days if the divorce papers were served
on him or her in Singapore, or 35 days if the divorce papers
were served on him or her outside Singapore. |
| |
| At the
same time, the Respondent may, if he or she wishes, e-file a
Proposed Parenting Plan using the Electronic Filing System either
from his solicitor's law firm Front-End system or at the Service
Bureau to state his or her position on the issues relating to
the children, if he or she does not agree to the Proposed Parenting
Plan filed by the Petitioner. If he or she agrees to the Proposed
Parenting Plan filed by the Petitioner, he or she should sign
on the Proposed Parenting Plan e-filed by the Petitioner on
the correct page , and e-file it. |
| |
| Within
22 or 35 days from the date of the service of the divorce papers
on the Respondent (depending on whether the divorce papers were
served within or outside Singapore), if a Proposed Matrimonial
Property Plan is e-filed by the Petitioner, the Respondent shall
make the standard CPF query to the CPF Board. . |
| |
| Within
7 days after receiving a reply from the CPF Board, the Respondent
shall e-file his or her Proposed Matrimonial Property Plan using
the Electronic Filing System either from his solicitor's law
firm Front-End system or at the Service Bureau and pay the required
fees, setting out his or her proposed arrangements for the HDB
property. If he or she agrees with the Proposed Matrimonial
Property Plan filed by the Petitioner, he or she should sign
on the relevant form to indicate his agreement, and send this
to the Petitioner. |
| |
| Within
24 hours of e-filing the Answer, Answer and Cross Petition,
the Proposed Parenting Plan or the Proposed Matrimonial Property
Plan, the document must also be served personally on the Petitioner's
counsel (or the Petitioner if he does not have a lawyer), and
the Party Cited, if applicable. |
| |
| If the
Respondent wishes to contest the ancillary matters only, and
not the divorce Petition, he or she need not e-file an Answer.
However, he or she may wish to e-file a Proposed Parenting Plan
or Proposed Matrimonial Property Plan, or indicate that he or
she agrees to a Proposed Parenting Plan or Proposed Matrimonial
Property Plan as described above. |
| |
| The
Respondent should note that if he fails to e-file the Answer
within the prescribed time, the Petitioner may proceed to set
down the Petition for hearing and the court may grant the Divorce
Petition without hearing the Respondent (i.e. go straight to
Step 7). |
| |
| If a Co-Respondent
who has entered an appearance wishes to contest all or any of
the charges in the Divorce Petition, he or she must e-file an
Answer using the Electronic Filing System either from his solicitor's
law firm Front-End system or at the Service Bureau and pay the
required fees. Again, the Co-Respondent should do so either
within 22 or 35 days of the date of the service of the divorce
papers on him or her within or outside Singapore respectively.
The Co-Respondent must also serve the Answer within 24 hours
of e-filing. |
| |
| Where the
Divorce Petition makes a claim for maintenance or division of
assets, the Respondent should at the same time as e-filing his
Answer or Answer and Cross Petition, e-file an Affidavit of
Means and Assets. The Affidavit of Means and Assets is a written
statement that sets out his income and expenses, as well as
property, affirmed/sworn before a Commissioner for Oaths. |
| |
| In practice,
the court will still hear the Respondent's objections to the
divorce even if he fails to file the Answer. |
| |
| |
| Step
5: Filing of Reply and/or Answer to Cross Petition |
| The Petitioner
may e-file a Reply, within 14 days of the receipt of the Answer
using the Electronic Filing System either from his solicitor's
law firm Front-End system or at the Service Bureau and pay the
required fees. He may also e-file a Reply and Answer to Cross-Petition
if the Respondent has filed an Answer and Cross-Petition. The
Petitioner must also e-file an Affidavit of Means and Assets
in reply to the Respondent's Affidavit of Means and Assets (if
one has been e-filed). |
| |
| Where a
Reply and Answer to Cross Petition has been e-filed, within
14 days of receipt, the Respondent may e-file a Reply to the
Answer to the Cross-Petition Answer using the Electronic Filing
System either from his solicitor's law firm Front-End system
or at the Service Bureau and pay the required fees. |
| |
| The Reply,
Reply and Answer to Cross-Petition, and Reply to the Answer
to the Cross- Petition, if e-filed, are to be served on the
other parties or their solicitors within 24 hours of filing.
|
| |
| Step
6: Status Conference |
| The court
will call parties to attend a 'Status Conference' if a Divorce
Petition is not set down for hearing promptly. The objective
of the status conference is to enable the court to monitor the
case to ensure that there is no delay in completing the case.
No status conference will be held if the Divorce Petition has
already been set down within four weeks of the e-filing of the
Divorce Petition. If the Petitioner sets down the case after
the court has fixed a status conference, the Petitioner may
request that the status conference be vacated. |
| |
| If a Petitioner
fails to attend a status conference, the Deputy Registrar may
make such orders as he or she considers appropriate, including
striking out the Petition (i.e. dismissing the case without
a full hearing). |
| |
| At the
status conference, in appropriate cases, the Deputy Registrar
may also refer parties for mediation and counselling to assist
them to resolve their dispute early. |
| |
| |
| Step
7: Setting Down |
| The Petitioner
must set down the divorce case for hearing 14 days after the
time has expired for the Respondent to file a Memorandum of
Appearance, or if a memorandum has been filed, 14 days after
the time has expired for the filing of the last pleading (i.e.
Answer or Reply). |
| |
| To set
down the case, the Petitioner has to e-file the Request for
Setting Down Action for Trial (click here for Form
20) using the Electronic Filing System either from his solicitor's
law firm Front-End system or at the Service Bureau and pay the
required fees. Once the case is set down, the court will stream
the case into different tracks in accordance with whether an
Answer and/or Cross-Petition has been filed: |
| (1) |
If the case is not contested (i.e. no Answer was e-filed),
the registry will fix a hearing date for the Petition
on the uncontested list (known as "Uncontested Divorce
Hearing) (go to Step 11). The hearing
date will be fixed after 10 days from the date of setting
down. If an earlier date is required, the consent of all
other parties has to be obtained or the leave of the Judge
has to be obtained; or |
| (2) |
If the case is contested (i.e. an Answer is e-filed by
the Respondent or Co-Respondent), the registry will fix
the case for a pre-trial conference (go to Step
8); or |
| (3) |
If the parties case is contested (i.e. an Answer is e-filed
by the Respondent or Co-Respondent), and the parties have
indicated in the Request for Setting Down Action for Trial
that they wish to attend mediation or counselling, the
Registry will fix the case for mediation (go to Step
9) or counselling (go to Step 10),
as appropriate. |
|
| |
| If
the matter is not set down promptly, the court will call parties
to attend a status conference (see Step 6)
to give directions to expedite the matter. |
| |
| Step
8: Pre-Trial Conference (PTC) |
| The court
will call parties to attend a PTC if the Divorce Petition is
contested. PTCs are conducted by Deputy Registrars for the following
purposes: |
| (i) |
to ascertain which issue is in dispute and to consider
the possibility of settlement and for this purpose, to
refer parties for mediation or counselling; and |
| (ii) |
to give orders on evidence and the preparation of the
case to ensure an early and smooth trial. For example,
the parties and their witnesses will be ordered to e-file
affidavits of evidence-in chief (that is, statements sworn
or affirmed before a Commissioner for Oaths on what the
parties intend to say in court). |
|
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| |
| Step
9: Mediation, Counselling and/or Joint Conference |
| Mediation
and counselling are processes to assist family members to resolve
(i.e. settle) or narrow (i.e. reduce) their family disputes.
In both processes, a neutral person will first help parties
to explore all the options that are available to the parties
to solve their problems, and then craft a solution that meets
the interests and needs of the parties and their children. The
goal of mediation and counselling is therefore to seek a result
that both parties can accept, that is, a win-win solution. |
| |
| Mediation
and counselling are confidential. In other words, the positions
taken by parties or any concessions made by them will not bind
them if there is no settlement at the end of the session. The
judge hearing the case will also not get to know what was said
during mediation or counselling. |
| |
| Mediation
is voluntary in the Family Court in that parties must consent
to mediation. Mediation may be conducted by a judge or a volunteer
mediator who is a qualified lawyer, counsellor or social worker.
Mediation is normally fixed in cases where the dispute is over
the ground of the divorce, the division of matrimonial assets
or maintenance. |
| |
| Counselling,
on the other hand, is conducted by professional counsellors
who have qualifications in social work or psychology. Parties
and/or their children may be ordered by the court to attend
counselling. Counselling is normally fixed in cases where the
dispute is over the possibility of reconciling the marriage
and the custody or care of and/ or access to the children. |
| |
| A joint
conference is co-mediation jointly conducted by 2 mediators,
a legally trained person (usually a judge) and a counsellor.
It is normally fixed in cases which involve issues of a legal
nature (such as the ground of the divorce or division of assets)
and an emotional nature (such as whether the marriage has broken
down irretrievably or matters concerning the children). |
| |
| Mediation
and counselling may address both the divorce issue as well as
the ancillary matters. If parties know what to expect in these
processes and are adequately prepared for the sessions, they
will find that these processes are useful in either settling
the case or at the least, in clarifying what the real disputes
are. To find out how to prepare for mediation and counselling,
refer to the Mediation pamphlet and Counselling pamphlet. |
| |
|
If the divorce Petition is settled through
mediation or counselling, the case will be fixed for uncontested
divorce hearing. If the Petition is not settled, the court
will give directions (that is, orders) on the further conduct
of the case .
|
| |
| |
| Step
10: Adjourned PTC |
| If the
Divorce Petition cannot be settled, the court will fix another
PTC after the mediation and counselling sessions. At the adjourned
PTC, the Deputy Registrar will: |
| (i) |
give orders on evidence and the preparation of the case
to ensure an early and smooth trial. For example, the
parties and their witnesses will be ordered to file affidavits
of evidence-in chief (that is statements on what the parties
intend to say in court, sworn or affirmed before a Commissioner
for Oaths); and |
| (ii) |
ascertain the number of trial days required and fix the
hearing dates. |
|
| |
| The matter
will then proceed for contested divorce hearing, that is, a
trial. |
| |
| |
| Step
11: Hearing of the Divorce Petition |
| The Divorce
Petition may be fixed for hearing on the uncontested list or
the contested list. |
| |
| The uncontested
divorce hearing will be quite short- usually lasting 5-10 minutes
only. The hearing will be in an open court together with many
other cases (as many as 30 cases may be heard in one morning
or one afternoon). |
| |
| The Petitioner
will have to go into the witness box, and confirm certain essential
paragraphs in the Petition, such as the marriage, the particulars
of the children, the ground of divorce and the prayers sought.
If the Respondent is also proceeding on the Cross-Petition,
the Respondent will take the stand after the Petitioner. In
either case, the other party will be asked whether he has objections
to the Petition or Cross-Petition, if he is present in court.
If there is no objection and the judge is satisfied that that
the marriage has irretrievably broken down, he will grant a
Decree Nisi to be made absolute after 3 months. |
| |
| The Decree
Nisi is a provisional order for divorce, which is 'made absolute',
i.e. confirmed, after 3 months. In practice, if the Respondent
has no objection to the Divorce Petition, he need not attend
the hearing. |
| |
| Where
the ancillary matters have been agreed upon at the divorce hearing,
parties may e-file a Draft Decree Nisi, which also incorporates
the terms of agreement on the ancillary matters, for the judge's
consideration. The judge will record these orders if the terms
are in order. The whole divorce case is then concluded. |
| |
| Where the
ancillary matters have not been agreed upon, the practice is
that the ancillary matters will be adjourned for hearing in
chambers. |
| |
| If the
Respondent is absent on the divorce hearing date, the court
may still hear the Divorce Petition and grant the divorce if
it deems fit. |
| |
| A contested
divorce hearing is very different from an uncontested divorce
hearing in that a trial will be conducted. The parties will
each have to give evidence in open court, to prove their respective
cases. They will also have to call witnesses to support their
case. The parties and their respective witnesses will be 'cross-examined'.
"Cross-examination" is carried out by the other party's
lawyer or the other party, who will ask questions on what was
said in evidence. The respective lawyers or parties will also
make 'submissions' i.e. present a summary of the case, and make
arguments supporting the case, to the judge. |
| |
| The whole
process may take anything from one day to several days, depending
on the number of witnesses and the complexity of the case. Contested
divorces are comparatively much more time-consuming and costly
than uncontested divorce hearings. If the court is satisfied,
after hearing both parties, that the marriage has irretrievably
broken down, the court will grant a 'Decree Nisi' to be made
absolute after 3 months. The 'Decree Nisi' is a provisional
order for divorce, which is 'made absolute', i.e. confirmed,
after 3 months . |
| |
| |
| Second
Stage |
| |
| Step
12: PTC for Ancillary Matters |
| |
| If the
ancillary matters are not settled before the hearing of the
divorce Petition, they will normally be adjourned for hearing
in chambers. The court will then fix a PTC for the ancillary
matters before fixing dates for hearing. |
| |
| PTCs are
conducted by a Deputy Registrar and the following matters will
be dealt with: |
| (i) |
which
of the ancillary matters (custody of children, maintenance
for wife or children, division of matrimonial property
or recovery of legal costs) are contested; |
| (ii) |
to consider the possibility of settlement and for this
purpose, to refer parties for mediation and/or counselling;
|
| (iii) |
to give orders on evidence. For example, the court may
order parties to disclose their bank accounts or salary
statements and any relevant reports on the children etc.;
|
| (iv) |
to consider the need for an investigation into and for
a report to be prepared on the welfare of the children;
and |
| (v) |
to
establish the asserted gross value of the matrimonial
assets for division and the necessity to transfer the
proceedings to the High Court for hearing and determination. |
|
| |
| |
| Step
13: Mediation, Counselling and/or Joint Conference |
| Mediation
and counselling are processes to assist family members to resolve
(i.e. settle) or narrow (i.e. reduce) their family disputes.
In both processes, a neutral person will first help parties
to explore all the options that are available to the parties
to solve their problems, and then craft a solution that meets
the interests and needs of the parties and their children. The
goal of mediation and counselling is therefore to seek a result
that both parties can accept, that is, a win-win solution. |
| |
| Mediation
and counselling are confidential. In other words, the position
taken by parties or any concessions made by them will not bind
them if there is no settlement at the end of the session. The
judge hearing the case will also not get to know what was said
during mediation or counselling. |
| |
| However,
if children have been ordered to attend counselling in order
for a report to be put up, the matters disclosed during counselling
will not be confidential. Parties and the children will be informed,
before such a counselling session, that confidentiality will
not be maintained. |
| |
| Mediation
is voluntary in the Family Court in that parties must consent
to mediation. Mediation may be conducted by a judge or a volunteer
mediator who is a qualified lawyer, counsellor or social worker.
Mediation is normally fixed in cases where the dispute is over
the division of matrimonial assets or maintenance. |
| |
| Counselling,
on the other hand, is conducted by professional counsellors
who have qualifications in social work or psychology. Parties
and/or their children may be ordered to attend counselling.
Counselling is normally fixed to conciliate disputes over the
custody or care of or access to the children. Counselling may
also be ordered for the children for their wishes to be ascertained
and for a report to be put up on their welfare. |
| |
| A joint
conference is co-mediation i.e. mediation jointly conducted
by 2 mediators (a legally trained person (usually a judge) and
a counsellor). It is normally fixed in cases which involve issues
of a legal nature (such as the division of assets) an emotional
nature (such as the custody of children etc). |
| |
| If
parties know what to expect in these processes and are adequately
prepared for the sessions, they will find that these processes
are useful in either settling the case or at the least clarifying
what the real disputes are. To find out how to prepare for mediation
and counselling, refer to the Mediation pamphlet and Counselling
pamphlet. It is important for parties to bring along the relevant
documents (such as bank statements, salary slips and CPF statements)
for mediation. |
| |
| If
the ancillary matters are settled through mediation or counselling,
the court will fix a date for Consent Orders to be recorded.
If the ancillary matters are not settled, the court will give
directions (i.e. orders) on the further conduct of the case. |
| |
| |
| Step
14: Adjourned PTC |
| If the
ancillary matters cannot be settled, the court will fix another
PTC after the mediation and counselling. At the adjourned PTC,
the Deputy Registrar will: |
| (i) |
give orders on evidence and the preparation of the case
to ensure an early and smooth hearing. For example, the
parties will be ordered to file affidavits (that is, written
statements sworn or affirmed before a Commissioner for
Oaths) for the ancillary matters; |
| (ii) |
order the appropriate person (e.g. a court counsellor,
a social worker from MCDS or a psychiatrist from the Child
Guidance Clinic or in private practice) to furnish a report
on the welfare of the children (if necessary); |
| (iii) |
ascertain if both or either party asserts that the gross
value of the matrimonial assets for division is $1.5 million
or more and the division of matrimonial assets is not
settled, and if so, to order that the proceedings be transferred
to the High Court for hearing and determination; and |
| (iv) |
ascertain
the number of days required and fix the hearing dates.
|
|
| |
| When
all necessary affidavits, documents and reports have been e-filed,
the ancillary matters will then proceed for hearing in chambers
(go to Step 15). The ancillary matters
may be fixed for hearing on the 'Normal List' or on the 'Special
List'. |
| |
| Fixing
on the normal list means that the case will be fixed for hearing
on the same morning or afternoon as 3-4 other cases, whereas
a 'special fixing' means that the case will be fixed for hearing
for half a day or more. Parties should therefore assess the
complexity of the case and indicate to the court how much time
they would require to argue their case. |
| |
| Step
14A: Ancillary Matters that have been transferred to the High
Court |
| Where contested
ancillary matters have been transferred to the High Court for
hearing and determination in cases in which both or either party
asserts that the gross value of the matrimonial assets for division
is $1.5 million or more, the ancillary matters hearings and
all applications arising thereafter shall be dealt with by the
High Court, including all summons-in-chambers applications such
as applications for variation and enforcement of an order made
by the Family Court, and applications for decree absolute. |
| |
| |
| Step
15: Ancillary Matters |
| Consent
orders. |
| Where the
ancillary matters have been settled, whether or not through
mediation or counselling, the parties should tender two copies
of a Draft Consent Order setting out the agreed terms, which
is signed by both parties. The Court may approve the Draft Consent
Order without requiring attendance of the parties. If a party
is not represented by a lawyer, then the party must sign the
Draft Consent Order before a Commissioner for Oaths or a lawyer
before the Court will approve the Draft Consent Order without
the attendance of the parties. |
| |
| If the
agreement is in order, the court will grant an order in terms,
i.e. approve the Draft Consent Order. Where the agreed terms
require clarification, for example, where parties have agreed
that not all the children shall be under the custody of the
same parent, the court may require affidavits to be filed to
justify why the orders should be made. |
| |
| Contested
hearing. Where the ancillary matters have not been settled,
the hearing of the ancillary matters is usually conducted in
chambers and the facts which parties are seeking to rely on
should be adduced by way of affidavits. The leave of the court
should be sought if parties wish to cross-examine the other
parties or their witnesses. Cross-examination is not normally
allowed. |
| |
| |
| Step
16: Application for Decree Absolute in respect of cases that
have not been transferred to the High Court |
| Before
making the application for the decree nisi to be made absolute,
parties must meet the following conditions: |
| (i) |
all the
ancillary matters have been heard, and orders have been
made; |
| (ii) |
The time
period prescribed for making the decree absolute has expired
(usually 3 months from the date of the decree nisi or
(see Step 11)). The court's approval
must be sought if parties desire to make the application
earlier); |
| (iii) |
If more than 1 year
has passed from the date of the decree nisi and more than
3 months has passed after the last order made on the ancillary
matters (whichever is later), an application by way of
Summons in Chambers must be filed to seek the Court's
approval to apply for the Decree Nisi to be made absolute,
together with an affidavit to explain the delay; |
| (iv) |
There is
no appeal against the decree nisi or an extension of time
to appeal has expired; and |
| (v) |
no person has filed
an appearance (a notice) to object to the decree being
made absolute. |
|
| |
| To apply
for the decree nisi to be made absolute, the Petitioner or the
Respondent is to apply for the Certificate of Making Decree
Nisi Absolute using the Electronic Filing System either through
his solicitor's law firm Front-End system or at the Service
Bureau and pay the required fees. The court will do the necessary
checks to confirm that all the conditions are met. If the application
is in order, the Certificate of Making Decree Nisi Absolute
will be issued to the parties. If the application is not in
order, the application will be rejected, with the reasons stated
by the Family Registry. The applicant should rectify the errors
and re-file the application. |
| |
| Other
Applications Related to Divorce Proceedings |
| (i) |
Originating Summons |
| |
A
person who has been married for less than 3 years will
have to seek the leave of the court (i.e. the approval
of the court) if he wishes to e-file a divorce Petition.
To apply for the court's approval, he must e-file an Originating
Summons in court using the Electronic Filing System either
from his solicitor's law firm Front-End system or at the
Service Bureau and pay the required fees, accompanied
with an affidavit (i.e. a written statement that is sworn
or affirmed before a Commissioner for Oaths) that sets
out: |
| |
| (i) |
the grounds of the application; |
| (ii) |
Particulars of hardship or depravity; |
| (iii) |
Whether an application for the court's approval
has been filed in the past; |
| (iv) |
Whether attempts have been made at reconciliation
and if so, the nature of the attempts; |
| (v) |
Details of the circumstances that may help the court
to decide if there is a possibility of reconciliation;
and |
| (vi) |
the date of birth of each party. |
|
| |
|
| |
The
court will then fix the application for hearing in chambers
before a District Judge. 5 clear days before the hearing,
the originating summons, the affidavit in support and
a notice of proceedings must be served on the other party,
who is known as the Respondent, in the same manner as
a Divorce Petition (see Step 2 above).
Unlike a divorce Petition, the Respondent does not need
to enter an appearance. He is entitled to be heard as
of right. |
| |
|
| (ii) |
Summons-in-Chambers
(SIC) |
| |
An
SIC is an application that is heard in chambers (i.e.
it is a private hearing, unlike a trial, which is heard
in open court), by either a District Judge or a Deputy
Registrar. Parties and their witnesses need not testify
in court when SICs are heard as such applications are
heard based on affidavits (i.e. written statements that
set out the evidence of the parties and that are sworn
or affirmed before Commissioners for Oaths). |
| |
|
| |
SICs
can be e-filed for a range of matters that are related
to a suit and can be e-filed at any point in time during
the proceedings or after orders have been made by the
court. |
| |
|
| |
Common
SICs e-filed in divorce proceedings include applications
for: |
| |
| (i) |
Substituted service or dispensation of service;
|
| (ii) |
interim custody or access; |
| (iii) |
interim maintenance; |
| (iv) |
injunction, being an application to freeze assets
to prevent disposition; am |
| (v) |
amendment, being an application to correct a court
document; |
| (vi) |
discovery, being an application for information
such as bank account statements, |
| (vii) |
striking out, being an application to remove a document
or a portion of a document from the court's file;
|
| (viii) |
Extension of time, being an application to be given
more time to take a step that is required under
the Rules; |
| (ix) |
Approval to file a Decree Nisi Absolute after time
has expired; and |
| (x) |
Variation of a court order, being an application
to change the orders on ancillary matters. |
|
| |
|
| (iii) |
Appeals |
| |
If
either party is dissatisfied with a court order made in
the Family Court, he may e-file an appeal against the
order. In the appeal papers (known as the Notice of Appeal),
he must state the date of the order and the name of the
District Judge or Deputy Registrar who had made the order,
as well as specify which part of the order he is appealing
against. If the order in question is made by a Deputy
Registrar, the appeal papers must be filed at the Family
Court Registry. If the order in question is made by District
Judge, the appeal papers must be filed at the Appeal Section
at the Civil Court Registry. You should seek legal advice
if you need assistance in drafting the appeal papers.
|
| |
|
| (iv) |
Praecipes |
| |
A
praecipe is a request to the court. Praecipes are commonly
e-filed when a person wishes to search the court's records,
to inspect the court's file or to extract a certified
true copy of a court document . Praecipes have to be e-filed
in court using the Electronic Filing System either from
his solicitor's law firm Front-End system or at the Service
Bureau. The person e-filing the praecipe must pay the
required fees. |
|
| |
