A party planning to file for divorce must file certain documents in the FJC (Family Justice Courts) to start the divorce process. The documents mentioned include:
- Writ for divorce
- Statement of claim
- Statement of facts
- Proposed parenting plan
- Proposed matrimonial property plan
You can engage with a divorce lawyer to assist you in the preparation of the above documents. A lawyer in Singapore can help you with your Divorce matters, contact Tembusu Law today.
Dissolution of marriage
After the Writ or Divorce and the accompanying documents are filed in the court, it must be served on the defendant as well. The defendant has 8 days to decide whether to contest or not the divorce or the ancillary matters.
What if the defendant contests the divorce?
When the defendant contests the divorce, a Memorandum of Appearance and Defence will be filed. You may try to reach divorce mediation with the partner for an amicable settlement. It is a request for a Resolution Conference with a judge of FRC (Family Resolution Chambers).
If both parties can’t agree on the reason for divorce, the case will be raised to the court attended by the judge to determine whether the marriage has irretrievably broken down. The defendant must file in court and serve on the complainant the following:
- Memorandum of Appearance
- The Defence in 14 days from the deadline upon the serving of the Memorandum of Appearance
The defendant has 22 days, to file and serve the Memorandum of Appearance and Defence.
What if the defendant doesn’t contest?
When the defendant doesn’t contest the divorce, yet wants to be heard regarding the ancillary matters, the Memorandum of Appearance must be filed to indicate the issues that want to be heard on. Once the court is satisfied that an irretrievably broken down happened within the marriage, an Interim Judgment is granted ordering the marriage to be dissolved.
The divorce case will move forward to the ancillary matter of divorce proceedings.
Ancillary matters
Before the hearings on ancillary matters, the two parties are required to file: Affidavits of Assets and Means. In the affidavits, they are disclosing all the assets/liabilities, expenditures, and income. There are three rounds of affidavits that have to be exchanged.
If ancillary matters are still unclear to you, a divorce lawyer can explain to you what it covers. A lawyer in Singapore can explain and help you with ancillary matters. Filing a divorce can be head-aching if you work it on your own. It is best to have a legal expert beside you to make things easy.