divorce procedure flow chart
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HOME CAN YOU DIVORCE? CHOOSING A LAWYER DIVORCE PROCESS EXPAT DIVORCE BLOG CONTACT US
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Before you start divorce proceedings, you have to determine if you have the grounds to get adivorce.
STAGE 1 – TERMINATION OF MARRIAGE
(a) The person who is filing the Writ of Divorce is called the Plaintiff. The person who is beingsued for divorce is called the Defendant. If the Defendant has committed adultery, the thirdparty is known as the “Co-Defendant”.
(b) Before the commencement of the divorce, the Plaintiff’s solicitors will send out StandardQueries Forms to HDB and CPF Board. This will take about one (1) month. This is becauseHDB have rules governing the use of HDB flats and they want to make sure rules arecomplied with in this new arrangement.
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(c) To commence divorce proceedings, the following documents must be filed in Court:
Writ for Divorce, Statement of Claim and Statement of Particulars;
The Statement of Claim must specify which fact (adultery, unreasonable behaviour, threeyears’ separation with consent or four years’ separation) you are relying on to ask theCourt to grant you a divorce. The Statement of Particulars sets out in full the particularsof the facts pleaded in the Statement of Claim;
Proposed Parenting Plan if there are children below 21. An Agreed Parenting Plan isonly filed if both parties have managed to agree on the care arrangements for the childrenafter the divorce;
Proposed Matrimonial Property Plan if there is a Housing and Development Board(HDB) flat to be divided between parties. An Agreed Matrimonial Property Plan is onlyfiled if parties have managed to agree on what to do with the HDB flat after the divorce;
Acknowledgement of Service
Memorandum of Appearance.
(d) Once the Writ for Divorce has been filed in the Family Court, the same would be servedon the Defendant via way of personal service, if the address of the Defendant is known to thePlaintiff.
Steps c and d will require two (2) to four (4) weeks.
(e) If service of the papers on the Defendant fails after two attempts of service, the Plaintiffcan take out an application in the Family Court for Substituted Service, i.e. by obtaining aCourt Order to “post” the divorce papers on the last known address of the Defendant’s door ofhis premises and on the Notice Board of the Family Court. Alternatively by registered post tothe last known address of the defendant.
Step e will require one (1) month or thereabouts.
(f) If the Defendant’s address is unknown to the Plaintiff and the Plaintiff believes that theDefendant is still residing in Singapore, an application in the Family Court for Substituted
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Service by posting the Notice of Proceedings at the last known address, on the Notice Boardof the Family Court or advertising the same in the local newspaper.
(g) Within 8 days of the date of service of the Divorce Papers on the Defendant, he/she willhave to enter appearance to state if he/she is contesting the writ or contesting the ancillarymatters. If no appearance has been entered by the Defendant either by himself or via hissolicitors within 8 days, the Plaintiff can proceed to file an Affidavit of Service and to set downthe matter for trial.
(h) If appearance is entered by the Defendant,
If the Defendant is not contesting the Divorce Writ, the Plaintiff can then proceed to setdown the Writ for trial on an uncontested basis. A hearing date can be received in amonth’s time, and the earliest trial date can be 10 days after setting down.
If the Defendant is contesting the Writ, he/she will have 22 days from the date of service ofthe Writ or 14 days from the date of entry of appearance. (i) To file a Defence in theFamily Court and serve the same on the Plaintiff. If no Defence is filed in Court by theDefendant within the stipulated time limit, the Plaintiff can proceed to set down the Writ fortrial as an uncontested action. OR(ii) If the Defendant files a Defence & Counter claim,the Plaintiff will have 14 days from the date of service of Defence to file his/her Reply toDefence & to Counter claim.
(i) Hearing of Divorce Writ:
If the Divorce is uncontested, a hearing date will be given by the Court, but partiesattendance are usually dispensed with unless the Court requires the compulsoryattendance of parties. The hearing will usually last for 5-10 minutes. The Judge, ifsatisfied with the case, will grant an Interim Judgment to be made Final after 3 months.
If the Divorce is contested, PTCs (Pre-Trial Conferences) will be conducted. The mainobjective of a PTC is to look into whether there are common areas where parties canagree, thus narrowing the issues. Sometimes a date for Mediation is also fixed to resolvethe issues.
If the PTC or Mediation is not successful, a date of hearing will be given depending on theFamily Court’s calendar. The duration of trial is usually one day. In contested cases, both
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the Plaintiff and the Defendant and the respective witnesses give evidence in Court byway of affidavit evidence and are cross-examined on their affidavits. In most cases, after aPTC (and sometimes after several conferences) the divorce Writ proceeds as uncontestedleaving the ancillary matters to be contested.
STAGE 2 – ANCILLARY MATTERS
(a) Hearing of Ancillary Matters.
Questions of maintenance, custody, division of assets and costs, etc. may be adjourned to beheard in Chambers at a date to be fixed by the Registrar. The Registrar may fix a Mediationsession for parties to resolve the issues amicably.
The Court will require parties to file their respective Affidavit of Assets and Means disclosingall assets/liabilities, income and expenditure. There are three (3) rounds of exchange ofAffidavits. Parties are entitled to proceed with Discovery, Injunctions and Interrogatories atthis stage of the proceedings.
Once parties have filed the prerequisite affidavits, parties will be required to also file theCheck list, Declaration of Assets, and Ancillary Matters Facts and Position Sheet. Upon thatbeing filed, the Court will then base on the declaration of the assets, decide if the matterwould be heard in the Family Court or transferred to the High Court. The transfer only kicks inwhen the nett value of the estate (as per what is declared) exceeds $1.5 million.
Thereafter, an Ancillary Hearing date will be fixed to hear the respective counsels’ writtenand oral submissions in Court.
(b) After 3 months from the date of making Interim Judgment, provided that the ancillarymatters have been heard and the orders made, the Plaintiff can proceed to file the necessarypapers to extract the Final Judgement Order.
Should you need legal representation, kindly contact Gloria James-Civetta & Co, to get thelegal advice you need.
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