There may come a time when divorce is the only option. There are a multitude of considerations before you file for a divorce. This article deals with the documentation that you require to commence a divorce in Singapore.
To commence divorce proceedings, you must file the following documents in Court:
(1) Writ for Divorce
The Writ for Divorce is a document that tells the Defendant that a claim has been filed against him in Court and he is hereby invited to respond to the claim.
(2) Statement of Claim
The claim itself is to be found in the Statement of Claim. The Statement of Claim must specify which fact (adultery, unreasonable behaviour, desertion, three years’ separation with consent or four years’ separation) you are relying on to ask the Court to grant you a divorce. In the Statement of Particulars, give details of the fact that you are relying on.
(3) Statement of Particulars
In the Statement of Particulars, you give details of the fact that you are relying on.
(4) Proposed Parenting Plan
Parties are also required to file a Proposed Parenting Plan if they have children less than 21 years of age. If parties manage to resolve care issues relating to children, they can file an Agreed Parenting Plan. You and your spouse (the Defendant) must agree on the care arrangements for your children post-divorce.
(5) Proposed Matrimonial Property Plan
The Plaintiff is required to file a Proposed Matrimonial Property Plan if there is a Housing and Development Board (HDB) flat to be divided between the Plaintiff and the Defendant. If parties are able to, they can file an Agreed Matrimonial Property Plan if they have managed to agree on what to do with the HDB flat after the divorce.
(6) Acknowledgment of Service
This will be the acknowledgment signed by the Defendant upon receipt of divorce documents from the Plaintiff.
(7) Memorandum of Appearance
This will be the Defendant’s filing with the Court to show that he intends to appear before the Court to answer the claims against him.
* Mandatory Parenting Program
Parents with minor children must attend the Mandatory Parenting Programme (the “MPP”) before they file for divorce. The MPP is designed to encourage divorcing couples to make informed decisions that prioritise the well-being of children. The MPP is usually a couple of hours long. Commencing a divorce can be complicated depending on the facts and circumstances surrounding your case.
Should you face such an issue, it is best to seek legal advice. It is best to understand your options before you commence divorce proceedings in Singapore.
Please note that this article does not constitute express or implied legal advice, whether in whole or in part. If you require legal advice, please contact us walter@silvesterlegal.com for your free first legal consultation. While efforts have been made to ensure the accuracy of the work, any errors remain the author’s own.
