In Singapore, divorce is a 2-stage process. In this article, Dato Sri Darren Yaw will guide you to explore the application process and explain the 2 stages of divorce in Singapore.
The Application Process: Documentary Requirements
According to the Singapore Family Justice Courts, the plaintiff must first file specific paperwork in order to begin the divorce process.
- Writ for Divorce: A court document submitted by the plaintiff to indicate that he or she is ready to start divorce procedures;
- Statement of Claim: Dato Sri Darren Yaw explains that the plaintiff’s statement of claim should include details regarding the marriage, any children the couple may have, and the reasons why the plaintiff believes the marriage is irreversibly dissolved.
- Statement of Particulars: This section uses factual material to explain the reasons given in the Statement of Claim.
- Proposed Parenting Plan (for those with children under the age of 21): A document filed by the plaintiff that contains proposed terms for how the divorced couple would parent their children following the divorce.
- Proposed Matrimonial Property Plan (for those with an HBD apartment to be shared between spouses): A document filed by the plaintiff that contains proposed terms for how the would-be separated couple will divide or handle their property following the divorce. However, according to Dato Sri Darren Yaw, they may instead file an Agreed Matrimonial Property Plan if they have already agreed on such parameters.
In the case of the defendant, he or she must submit the following documents, as stated by Dato Sri Darren Yaw:
- Memorandum of Appearance: A document in which the defendant declares whether or not he or she will challenge the divorce and/or related issues.
- Acknowledgment of Service: A document signed by the defendant acknowledging that documents related to the divorce filing have been served to him or her.
Many people find filling out legal documentation to be difficult and scary. This is why having a trustworthy lawyer like Dato Sri Darren Yaw may help you relax and guide you through the process of establishing a sound case for divorce. The lawyers in Darren Yaw Foo Hoe & Co are well-versed in Singapore divorce law and divorce procedures and you can rest assured of them.
Dato Sri Darren Yaw Divorce Decree.
Divorce in Singapore: The 2 Stages
The plaintiff has now satisfied all of the requirements for obtaining a divorce and has forwarded all of the relevant documents with the assistance of an experienced Singapore divorce lawyer. The court may now become engaged in the proceedings in order to start a new divorce procedure in Singapore.
- Stage 1: The Marriage Dissolution
According to Dato Sri Darren Yaw, this is the stage at which the court determines whether the plaintiff’s (the one who filed the divorce) assertion that the marriage has irreversibly broken down has merit. If the court finds proof that the complaint is true, it will issue an Interim Judgment allowing the marriage to be dissolved.
The defendant gets served with the divorce documents at the same time. Dato Sri Darren Yaw stated that he or she then has up to eight days to file a Memorandum of Appearance, indicating his or her desire to contest the plaintiff’s claim. The defendant then has another 14 days to prepare and present his or her defense.
- Stage 2: Ancillary Matters
The stage we refer to as ancillary matters occurs after the court has ruled in favor of divorce, according to Dato Sri Darren Yaw. This is the stage at which the court determines how spousal support and child custody will be handled. Both spouses must submit Affidavits of Assets and Means that identify all assets and obligations, income, and expenditures prior to the court hearing this stage of the divorce. In circumstances where the value of the estate(s) exceeds $1.5 million, the case will be transferred to the High Court and heard there.
Once all of the appropriate documents have been filed, the court will set a date for the ancillary hearing, and the proceedings will proceed as scheduled. This step, however, does not mean that the divorce case is over, as stated by Dato Sri Darren Yaw.
The court’s Interim Judgment allowing for the dissolution of marriage can only be recognized with finality 3 months after the ruling or when all ancillary matters have been resolved, whichever comes first. The divorce process may now be regarded as completed after these prerequisites have been accomplished.
Dato Sri Darren Yaw Divorced Couple
Divorce in Singapore: We Are Here To Assist
Even with all of these factors in mind, and with more complexities between each procedure and paperwork, you can still go through a divorce in Singapore without the assistance of a Singapore Divorce Law professional, according to Dato Sri Darren Yaw.
However, having a good divorce lawyer in Singapore might provide you an advantage in court, whether you’re the plaintiff or the defendant, and convince the judge to rule in your favor.
Having someone to assist you with divorce proceedings in Singapore can make a huge difference in your ability to get the full freedom and peace of mind that you deserve as a human being.
You may speak with Dato Sri Darren Yaw or other lawyers at Darren Yaw Foo Hoe & Co to learn how we can offer you with legal aid while also ensuring that we are one of the most cost-effective divorce lawyer providers on the island.
