This section provides a brief summary of the procedures in filing a writ for divorce in the Family Court.*
The information provided is general in nature, and is not intended as legal advice. The staff of the Family Registry cannot provide legal advice, or assist with drafting the contents of any document.
* Important note: This section deals with the procedure for obtaining a divorce as at 1 April 2006. The information in this section does not cover the procedure that applies if your case is in the High Court, or was commenced before 1 April 2006.
References to legislation
Electronic filing
Please note that all Court documents must be filed or sent to the Court using the Electronic Filing System (EFS). You can file documents through the EFS at the LawNet/EFS Service Bureau. There are two Service Bureau in Singapore:
Supreme Court LawNet / EFS Service Bureau
1 Supreme Court Lane
Level 1, Supreme Court Building
Singapore 178879
6337 9164
Chinatown Point LawNet / EFS Service Bureau
133 New Bridge Road
#19-01/02 Chinatown Point
Singapore 059413
6538 9507
For more information on the LawNet/EFS Service Bureau, you may wish to visit the EFS website.The staff of the Family Court will be able to direct you to the LawNet / EFS Service Bureau located at Chinatoen Point, but will not be able to give you any specific information on the procedures and charges administered by the Service Bureau.
Before you file a Writ for Divorce
- Have you considered the possibility of reconciliation? Project HEART is a programme to aid couples in efforts to salvage their marriage.
- Do you need more information on what to expect when you embark on divorce proceedings? You may find it useful to read relevant Family Court pamphlets, or attend the Divorce Information Session before filing your divorce application.
- Do you need more information on the relevant legal principles? You may find it useful to refer to the Divorce FAQs page on this website.
- Have you been married for less than three years? If so, you will need to obtain leave of Court to file a divorce application. You must apply for leave by filing an originating summons , with a supporting affidavit explaining the grounds of your application.
Divorce case flow
How your case may progress through the Family Court:
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FIRST STAGE
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APPLY for a divorce by filing a Writ for Divorce and related papers
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First day at Court:
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STATUS CONFERENCE IN CHAMBERS
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If you have not set down your application for hearing (formally asking the Court for a hearing date for your divorce) after six weeks, the Court will ask you to attend a Status Conference. A Status Conference is conducted by a Deputy Registrar of the Family Court. The Deputy Registrar will check if you have served your application on the other party. If you have, and the other party is present, the Deputy Registrar will make certain orders to help both parties reach an agreement on the divorce, if this is possible.
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Your next most likely Court date:
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COUNSELLING
with a professional Court counsellor to help both parties resolve their differences over the emotional aspects of the divorce
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RESOLUTION CONFERENCE
with a Family Court Judge to help both parties resolve their differences over the legal aspects of the divorce
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JOINT CONFERENCE
with a Family Court Judge and a professional Court counsellor to help with both the emotional and legal aspects of the dispute.
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If there is no settlement:
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If there is a settlement:
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Plaintiff asks the Court to set down the divorce for hearing
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PRE-TRIAL CONFERENCE IN CHAMBERS
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UNCONTESTED DIVORCE HEARING IN OPEN COURT
OR IN CHAMBERS
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A Pre-Trial Conference is conducted by a Deputy Registrar of the Family Court. The purpose of a Pre-Trial Conference is to help both parties get ready for the divorce hearing.
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CONTESTED DIVORCE TRIAL IN OPEN COURT
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INTERIM JUDGMENT
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SECOND STAGE
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ANCILLARY MATTERS PRE-TRIAL CONFERENCE IN CHAMBERS
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An Ancillary Matters Pre-Trial Conference is conducted by a Deputy Registrar of the Family Court. He or she may make certain orders to help both parties come to an agreement on the disputed ancillary matters, including orders for the disclosure of financial documents, or for parties to attend counselling or a resolution conference.
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COUNSELLING
with a professional Court counsellor especially if children’s issues are in dispute
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RESOLUTION CONFERENCE
with a Judge to help both parties resolve their differences
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If there is no settlement
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If there is a settlement
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ANCILLARY MATTERS PRE-TRIAL CONFERENCE IN CHAMBERS
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CONSENT ANCILLARY MATTERS HEARING
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Filing of Affidavits of Assets and Means
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If there are children, a counsellor or social worker may have to prepare a report for the Judge to consider at the contested ancillary matters hearing
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CONTESTED ANCILLARY MATTERS HEARING IN CHAMBERS
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FINAL JUDGMENT
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1. Starting proceedings
To start divorce proceedings, you must file the following documents in Court:
- Writ for Divorce, Statement of Claim and Statement of Particulars. The Statement of Claim must specify which fact (adultery, unreasonable behaviour, 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.
- Proposed Parenting Plan if you have children below 21. File an Agreed Parenting Plan if you and your spouse (the Defendant) have managed to agree on the care arrangements for your children after the divorce.
- Proposed Matrimonial Property Plan if there is a Housing and Development Board (HDB) flat to be divided between yourself and the Defendant. File an Agreed Matrimonial Property Plan if you have managed to agree on what to do with the HDB flat after the divorce.
- Acknowledgment of Service.
- Memorandum of Appearance.
You will need to pay the appropriate filing fee.
2. Service
If your documents are in order, the Family Registry will accept your documents for filing. Copies of your documents affiixed with the Court seal (the sealed copies) will be returned to you.
Rule 11 of the Matrimonial Proceedings Rules states that the sealed copies must then be served on the Defendant. This is to alert him or her that you have started the divorce proceedings in Court.
You must serve the sealed copies in one of the following ways:
- by personal service, which means that the documents must be handed to the Defendant directly by someone authorized to do so, such as a court process server;
- by registered post to the Defendant’s address, but only if the Defendant signs and returns the Acknowledgment of Service to you;
- by EFS on the Defendant’s lawyer, if he or she has one, but only if the Defendant’s lawyer indicates on the documents that he or she accepts service on behalf of the Defendant.
3. Your first court date
If the Defendant and yourself have agreed on a divorce, and if the Defendant has no dispute over what you have said in your Statement of Claim and Statement of Particulars, you must inform the Court that you are ready for your case to be heard by ‘setting down’ your case for hearing on an uncontested basis. You must do this by filing a Request for Setting Down Action for Trial.
If you do not set down within six weeks of filing your Writ for Divorce, the Court will call both parties for a Status Conference to check on your case. You will be notified by letter if you are required to attend Court for a Status Conference.
A Status Conference is conducted by a Deputy Registrar of the Family Court in chambers - meaning that the hearing is closed to the public, and only those directly involved in the matter can attend. You do not have to attend a Status Conference yourself if you have a lawyer. Similarly, if the Defendant has a lawyer, his or her lawyer will attend the Status Conference.
At the Status Conference, the Deputy Registrar will check if all the necessary documents have been filed in Court. If the Defendant is contesting the divorce, the Deputy Registrar may refer the case for counselling with a professional Court counsellor, or for a resolution conference at the Family Relations Chambers. Further information on Status Conferences may be found at paragraph 88 of the Practice Directions.
If you are a Defendant, and have been served with a set of divorce papers that you do not understand:
Please note that if you choose to ignore the divorce papers, the Plaintiff is allowed to ask the Court for a divorce hearing date by filing the Request for Setting Down Action for Trial. The Court may proceed to fix a divorce hearing date, hear the case, and grant the divorce in your absence.
4. Divorce hearing
The Court will send you a letter to notify you of your next court date once you have filed your Request for Setting Down Action for Trial.
If your divorce is uncontested, your next court date will be the uncontested divorce hearing date.
Uncontested divorce hearings are normally held in Family Court 6. The uncontested divorce hearing will be quite short, usually lasting only five to ten minutes. A District Judge of the Family Court will hear the case in open court, meaning that members of the public may sit in the public gallery to watch the proceedings if they wish. The Judge may hear up to 30 divorce cases in a single morning or afternoon.
For certain cases, counsel and parties' attendance may be dispensed with and hearing will proceed in Chambers instead, meaning that parties need not attend and members of public will not be allowed to sit in during the hearing.
If your divorce is contested, your next court date will be a Pre-Trial Conference date.
A Pre-Trial Conference is conducted by a Deputy Registrar of the Family Court in chambers - meaning that the hearing is closed to the public, and only those directly involved in the matter can attend. You do not have to attend a Pre-Trial Conference yourself if you have a lawyer. Similarly, if the Defendant has a lawyer, his or her lawyer will attend the Pre-Trial Conference.
The purpose of a Pre-Trial Conference is to get both parties ready for the contested divorce hearing, which will take the form of a trial in open court. If there is a possibility of settlement, the Deputy Registrar may refer the case for counselling with a professional Court counsellor, or for a resolution conference at the Family Relations Chambers.
If the settlement is not possible, the Deputy Registrar will ask both parties to file Affidavits of Evidence-in-Chief. If you are not sure what to say, or need help preparing your affidavit, you should seek independent legal advice immediately.
Further information on Pre-Trial Conferences may be found at paragraph 89 of the Practice Directions.
A contested divorce hearing is very different from an uncontested divorce hearing. Depending on the number of witnesses and the complexity of the case, the whole process may require from one day to several days. Contested divorces are much more time-consuming and costly than uncontested divorce hearings.
At the end of both types of divorce hearing, the Judge will grant an Interim Judgment if he or she is satisfied that the marriage has irretrievably broken down. Any ancillary matters will be adjourned to be heard in chambers.
The Interim Judgment is a provisional order for divorce. It is made final, or confirmed, after three months. You cannot remarry until the Interim Judgment has been made final.
This is the end of the first stage of your divorce case.
5. Ancillary matters pre-trial process
The second stage of your divorce case begins when an Ancillary Matters Pre-Trial Conference is called.
The Ancillary Matters Pre-Trial Conference is usually called within a month of the Interim Judgment being granted. The Court will send you a letter to notify you of the Ancillary Matters Pre-Trial Conference date.
An Ancillary Matters Pre-Trial Conference is conducted by a Deputy Registrar of the Family Court in chambers - meaning that the hearing is closed to the public, and only those directly involved in the matter can attend. You do not have to attend the Ancillary Matters Pre-Trial Conference yourself if you have a lawyer. Similarly, if the Defendant has a lawyer, his or her lawyer will attend the Pre-Trial Conference.
The purpose of an Ancillary Matters Pre-Trial Conference is to get both parties ready for the ancillary matters hearing, which will take place before a District Judge of the Family Court in chambers. If there is a possibility of settlement, the Deputy Registrar may refer the case for counselling with a professional Court counsellor, or for a resolution conference at the Family Relations Chambers. In a high conflict case where children are involved, the Deputy Registrar may consider referring the matter to a professional Court counsellor or social worker, so that a confidential report on custody or access may be prepared for the purpose of the ancillary matters hearing.
If settlement is not possible, the Deputy Registrar will ask both parties to file Affidavits of Assets and Means (Form 35). If you are unsure of what to say, or need help preparing Form 35, you should seek independent legal advice immediately.
Further information on Ancillary Matters Pre-Trial Conferences may be found at paragraph 89 of the Practice Directions.
6. Ancillary matters hearing
If both parties manage to reach agreement on the ancillary matters, the Court will give directions for a consent ancillary matters hearing to be fixed. You must prepare a Draft Consent Order in the correct form. Both parties must sign the Draft Consent Order. If a party has a lawyer, it is enough for the lawyer to sign it. If a party does not have a lawyer, he or she must sign the Draft Consent Order himself/herself before a Commissioner for Oaths or a lawyer.
If there is no agreement, the Deputy Registrar will fix your case for a contested ancillary matters hearing.
Please note that if either party declares that the gross value of the matrimonial property to be divided between you is S$1.5 million or more, your case must be transferred to the High Court for the contested ancillary matters hearing.
You would make such a declaration when the Deputy Registrar asks you to complete the Declaration of the Value of Matrimonial Assets (Form 22). The Deputy Registrar will normally ask both parties to complete Form 22 at an Ancillary Matters Pre-Trial Conference.
7. Certificate of Making Interim Judgment Final
Three months after the Court has granted an Interim Judgment, you may proceed to apply for the Certificate of Making Interim Judgment Final.
This will confirm your divorce, and conclude all Court proceedings.
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