Divorce (on or after 15.12.2003)
This section deals with the process of obtaining a divorce on or after 15.12.2003. Please note that it deals only with the procedure in the Family Court and does not cover the process in the High Court.
Procedure
Divorce is a two-stage process. In the first stage, the court will deal with the question of the divorce itself, i.e. whether the marriage should be dissolved (i.e. discontinued). In the second stage, the court will deal with the "ancillary matters", i.e. the children, the matrimonial assets (for example, the HDB flat), and maintenance for the wife and children.
The steps in a matrimonial proceeding are as follows:
First Stage
Filing of Divorce Petition
To commence a divorce proceeding, the Petitioner (i.e. the applicant) must apply for or e-file the following documents using the Electronic Filing System either from his or her solicitor's law firm Front-End system or from the Service Bureau and pay the required fees.
(1) Divorce Petition. The petition should state which of the 5 facts (i.e. adultery, unreasonable conduct, desertion, 3 years' separation with consent or 4 years' separation) the divorce is based on, as well as the prayers (i.e. applications) on the ancillary matters;
(2) Notice of Proceedings to the Respondent (the spouse who is being sued for divorce) or Notice to the Co-Respondent (the person with whom the Respondent is committing adultery or having an improper association) ;
(3) Where there are minor children, an Agreed Parenting Plan : or Proposed Parenting Plan ; and
(4) Where there is an HDB flat for division, an Agreed Matrimonial Property Plan or Proposed Matrimonial Property Plan.
Within 7 days after applying for the divorce petition using the Electronic Filing System, the Petitioner must e-file an affidavit in support of the petition and pay the required fees. The affidavit must first be sworn before a Commissioner for Oaths and then e-filed using the Electronic Filing System either from his or her solicitor's law firm Front-End system or at the Service Bureau. In the affidavit, the Petitioner confirms the contents stated in the petition, and states the particulars in support of the fact pleaded (i.e. adultery, unreasonable conduct, desertion, 3 years' separation with consent or 4 years' separation).
If you need assistance in drafting or preparing the divorce papers, it is advisable for you to seek legal advice.
Step 2: Service of Petition
The Petitioner must serve the divorce papers mentioned above on the Respondent and the Co-Respondent (where applicable). In addition, the Petitioner must serve a copy of an acknowledgement of service and a copy of a memorandum of appearance. This is to give the Respondent and Co-Respondent notice that a suit has been started against them. Service may be effected by:
(1) Personal service: an authorised person (usually the clerk of a law firm) must hand the divorce papers to the Respondent or Co-Respondent personally; or
(2) Service by registered post: the divorce papers may be sent to the Respondent's or Co-Respondent's address by registered post but he/she must sign and return the Acknowledgment of Service to the Petitioner for service to be valid;
(3) Service on the Singapore solicitor of a Respondent or Co-Respondent: the divorce papers may be sent to the Singapore solicitor of a Respondent or Co-Respondent by any means, including through the Electronic Filing System, but for service to be valid, the solicitor must endorse on any of the documents that he accepts the divorce papers on behalf of the Respondent or Co-respondent.
A Divorce Petition can also be served on a Respondent who is residing outside Singapore, without getting the prior approval of the court, by using one of the above means.
If the Petitioner is unable to serve by the above means, the Petitioner may apply, by e-filing a Summons-in-Chambers using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and paying the required fees, for:
(1) Substituted service (i.e. ask the court to approve an alternative mode of service, e.g. by pasting the divorce papers on the front door of the place where the Respondent normally resides, or by placing an advertisement of the divorce in the newspapers (if the country in which the Respondent resides is known); or
(2) Dispensation of service (i.e. ask the court to approve that the divorce papers need not be served. However, the court will only grant this if reasonable efforts have been made to locate the Respondent and even the country in which the Respondent can be found cannot be ascertained.)
Step 3: Filing of Memorandum of Appearance
If a Respondent or Co-Respondent wishes to be heard by the court, he must complete a copy of the Memorandum of Appearance. The memorandum must state whether the Respondent is contesting the divorce petition or contesting only the ancillary matters. The completed Memorandum of Appearance must then be e-filed in court within 8 days from the date of service of the divorce papers if the papers were served in Singapore, or 21 days if the papers were served outside Singapore. The Respondent or Co-Respondent must pay the required court fees.
If the Respondent or Co-Respondent is of the view that the Family Court of Singapore has no jurisdiction to hear the case, he or she should nonetheless enter an appearance. Then, he should apply by way of a Summons-in-Chambers, supported by an affidavit (a written statement sworn or affirmed before a Commissioner for Oaths) stating the grounds for saying the Family Court has no jurisdiction, and asking the court for an appropriate order.
Upon receipt of the Memorandum of Appearance, the court will send a copy to the Petitioner. If the Respondent or Co-Respondent fails to e-file the Memorandum of Appearance within the prescribed time, and the Petitioner does not receive a copy of the Memorandum of Appearance from the court, the Petitioner may proceed to set down the case for hearing (i.e go straight to Step 7).
Respondents and Co-Respondents should therefore note that if they simply ignore the divorce papers and fail to file the memorandum of appearance, the court may proceed to hear the case and grant the Divorce Petition.
Step 4: E-Filing of Answer and/or Cross Petition & Related Documents
If a Respondent wishes to contest the Divorce Petition, he or she must e-file an Answer using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees. The answer must address all the allegations in the Petition and set out the facts that the Respondent is relying on to contest the Petition
If the Respondent also wants to get divorced, but disagrees with the grounds set out in the Petition, then, he or she must e-file an Answer and Cross Petition using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees. In addition to addressing the allegations in the Petition, the Respondent is to set out which of the 5 facts (i.e. adultery, unreasonable conduct, desertion, 3 years' separation with consent or 4 years' separation) he is relying on to get a divorce and the facts in support. If the Cross-Petition is filed based on the Petitioner's adultery and the third party is known, the Respondent must name the third party, known as the Party Cited.
From the date of service of the divorce papers on the Respondent or Co-respondent, he or she must e-file the Answer or Answer and Cross Petition using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees, within 22 days if the divorce papers were served on him or her in Singapore, or 35 days if the divorce papers were served on him or her outside Singapore.
At the same time, the Respondent may, if he or she wishes, e-file a Proposed Parenting Plan using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau to state his or her position on the issues relating to the children, if he or she does not agree to the Proposed Parenting Plan filed by the Petitioner. If he or she agrees to the Proposed Parenting Plan filed by the Petitioner, he or she should sign on the Proposed Parenting Plan e-filed by the Petitioner on the correct page , and e-file it.
Within 22 or 35 days from the date of the service of the divorce papers on the Respondent (depending on whether the divorce papers were served within or outside Singapore), if a Proposed Matrimonial Property Plan is e-filed by the Petitioner, the Respondent shall make the standard CPF query to the CPF Board. .
Within 7 days after receiving a reply from the CPF Board, the Respondent shall e-file his or her Proposed Matrimonial Property Plan using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees, setting out his or her proposed arrangements for the HDB property. If he or she agrees with the Proposed Matrimonial Property Plan filed by the Petitioner, he or she should sign on the relevant form to indicate his agreement, and send this to the Petitioner.
Within 24 hours of e-filing the Answer, Answer and Cross Petition, the Proposed Parenting Plan or the Proposed Matrimonial Property Plan, the document must also be served personally on the Petitioner's counsel (or the Petitioner if he does not have a lawyer), and the Party Cited, if applicable.
If the Respondent wishes to contest the ancillary matters only, and not the divorce Petition, he or she need not e-file an Answer. However, he or she may wish to e-file a Proposed Parenting Plan or Proposed Matrimonial Property Plan, or indicate that he or she agrees to a Proposed Parenting Plan or Proposed Matrimonial Property Plan as described above.
The Respondent should note that if he fails to e-file the Answer within the prescribed time, the Petitioner may proceed to set down the Petition for hearing and the court may grant the Divorce Petition without hearing the Respondent (i.e. go straight to Step 7).
If a Co-Respondent who has entered an appearance wishes to contest all or any of the charges in the Divorce Petition, he or she must e-file an Answer using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees. Again, the Co-Respondent should do so either within 22 or 35 days of the date of the service of the divorce papers on him or her within or outside Singapore respectively. The Co-Respondent must also serve the Answer within 24 hours of e-filing.
Where the Divorce Petition makes a claim for maintenance or division of assets, the Respondent should at the same time as e-filing his Answer or Answer and Cross Petition, e-file an Affidavit of Means and Assets. The Affidavit of Means and Assets is a written statement that sets out his income and expenses, as well as property, affirmed/sworn before a Commissioner for Oaths.
In practice, the court will still hear the Respondent's objections to the divorce even if he fails to file the Answer.
Step 5: Filing of Reply and/or Answer to Cross Petition
The Petitioner may e-file a Reply, within 14 days of the receipt of the Answer using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees. He may also e-file a Reply and Answer to Cross-Petition if the Respondent has filed an Answer and Cross-Petition. The Petitioner must also e-file an Affidavit of Means and Assets in reply to the Respondent's Affidavit of Means and Assets (if one has been e-filed).
Where a Reply and Answer to Cross Petition has been e-filed, within 14 days of receipt, the Respondent may e-file a Reply to the Answer to the Cross-Petition Answer using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees.
The Reply, Reply and Answer to Cross-Petition, and Reply to the Answer to the Cross- Petition, if e-filed, are to be served on the other parties or their solicitors within 24 hours of filing.
Step 6: Status Conference
The court will call parties to attend a 'Status Conference' if a Divorce Petition is not set down for hearing promptly. The objective of the status conference is to enable the court to monitor the case to ensure that there is no delay in completing the case. No status conference will be held if the Divorce Petition has already been set down within four weeks of the e-filing of the Divorce Petition. If the Petitioner sets down the case after the court has fixed a status conference, the Petitioner may request that the status conference be vacated.
If a Petitioner fails to attend a status conference, the Deputy Registrar may make such orders as he or she considers appropriate, including striking out the Petition (i.e. dismissing the case without a full hearing).
At the status conference, in appropriate cases, the Deputy Registrar may also refer parties for mediation and counselling to assist them to resolve their dispute early.
Step 7: Setting Down
The Petitioner must set down the divorce case for hearing 14 days after the time has expired for the Respondent to file a Memorandum of Appearance, or if a memorandum has been filed, 14 days after the time has expired for the filing of the last pleading (i.e. Answer or Reply).
To set down the case, the Petitioner has to e-file the Request for Setting Down Action for Trial (click here for Form 20) using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees. Once the case is set down, the court will stream the case into different tracks in accordance with whether an Answer and/or Cross-Petition has been filed:
(1) If the case is not contested (i.e. no Answer was e-filed), the registry will fix a hearing date for the Petition on the uncontested list (known as "Uncontested Divorce Hearing) (go to Step 11). The hearing date will be fixed after 10 days from the date of setting down. If an earlier date is required, the consent of all other parties has to be obtained or the leave of the Judge has to be obtained; or
(2) If the case is contested (i.e. an Answer is e-filed by the Respondent or Co-Respondent), the registry will fix the case for a pre-trial conference (go to Step
; or
(3) If the parties case is contested (i.e. an Answer is e-filed by the Respondent or Co-Respondent), and the parties have indicated in the Request for Setting Down Action for Trial that they wish to attend mediation or counselling, the Registry will fix the case for mediation (go to Step 9) or counselling (go to Step 10), as appropriate.
If the matter is not set down promptly, the court will call parties to attend a status conference (see Step 6) to give directions to expedite the matter.
Step 8: Pre-Trial Conference (PTC)
The court will call parties to attend a PTC if the Divorce Petition is contested. PTCs are conducted by Deputy Registrars for the following purposes:
(i) to ascertain which issue is in dispute and to consider the possibility of settlement and for this purpose, to refer parties for mediation or counselling; and
(ii) to give orders on evidence and the preparation of the case to ensure an early and smooth trial. For example, the parties and their witnesses will be ordered to e-file affidavits of evidence-in chief (that is, statements sworn or affirmed before a Commissioner for Oaths on what the parties intend to say in court).
Step 9: Mediation, Counselling and/or Joint Conference
Mediation and counselling are processes to assist family members to resolve (i.e. settle) or narrow (i.e. reduce) their family disputes. In both processes, a neutral person will first help parties to explore all the options that are available to the parties to solve their problems, and then craft a solution that meets the interests and needs of the parties and their children. The goal of mediation and counselling is therefore to seek a result that both parties can accept, that is, a win-win solution.
Mediation and counselling are confidential. In other words, the positions taken by parties or any concessions made by them will not bind them if there is no settlement at the end of the session. The judge hearing the case will also not get to know what was said during mediation or counselling.
Mediation is voluntary in the Family Court in that parties must consent to mediation. Mediation may be conducted by a judge or a volunteer mediator who is a qualified lawyer, counsellor or social worker. Mediation is normally fixed in cases where the dispute is over the ground of the divorce, the division of matrimonial assets or maintenance.
Counselling, on the other hand, is conducted by professional counsellors who have qualifications in social work or psychology. Parties and/or their children may be ordered by the court to attend counselling. Counselling is normally fixed in cases where the dispute is over the possibility of reconciling the marriage and the custody or care of and/ or access to the children.
A joint conference is co-mediation jointly conducted by 2 mediators, a legally trained person (usually a judge) and a counsellor. It is normally fixed in cases which involve issues of a legal nature (such as the ground of the divorce or division of assets) and an emotional nature (such as whether the marriage has broken down irretrievably or matters concerning the children).
Mediation and counselling may address both the divorce issue as well as the ancillary matters. If parties know what to expect in these processes and are adequately prepared for the sessions, they will find that these processes are useful in either settling the case or at the least, in clarifying what the real disputes are. To find out how to prepare for mediation and counselling, refer to the Mediation pamphlet and Counselling pamphlet.
If the divorce Petition is settled through mediation or counselling, the case will be fixed for uncontested divorce hearing. If the Petition is not settled, the court will give directions (that is, orders) on the further conduct of the case .
Step 10: Adjourned PTC
If the Divorce Petition cannot be settled, the court will fix another PTC after the mediation and counselling sessions. At the adjourned PTC, the Deputy Registrar will:
(i) give orders on evidence and the preparation of the case to ensure an early and smooth trial. For example, the parties and their witnesses will be ordered to file affidavits of evidence-in chief (that is statements on what the parties intend to say in court, sworn or affirmed before a Commissioner for Oaths); and
(ii) ascertain the number of trial days required and fix the hearing dates.
The matter will then proceed for contested divorce hearing, that is, a trial.
Step 11: Hearing of the Divorce Petition
The Divorce Petition may be fixed for hearing on the uncontested list or the contested list.
The uncontested divorce hearing will be quite short- usually lasting 5-10 minutes only. The hearing will be in an open court together with many other cases (as many as 30 cases may be heard in one morning or one afternoon).
The Petitioner will have to go into the witness box, and confirm certain essential paragraphs in the Petition, such as the marriage, the particulars of the children, the ground of divorce and the prayers sought. If the Respondent is also proceeding on the Cross-Petition, the Respondent will take the stand after the Petitioner. In either case, the other party will be asked whether he has objections to the Petition or Cross-Petition, if he is present in court. If there is no objection and the judge is satisfied that that the marriage has irretrievably broken down, he will grant a Decree Nisi to be made absolute after 3 months.
The Decree Nisi is a provisional order for divorce, which is 'made absolute', i.e. confirmed, after 3 months. In practice, if the Respondent has no objection to the Divorce Petition, he need not attend the hearing.
Where the ancillary matters have been agreed upon at the divorce hearing, parties may e-file a Draft Decree Nisi, which also incorporates the terms of agreement on the ancillary matters, for the judge's consideration. The judge will record these orders if the terms are in order. The whole divorce case is then concluded.
Where the ancillary matters have not been agreed upon, the practice is that the ancillary matters will be adjourned for hearing in chambers.
If the Respondent is absent on the divorce hearing date, the court may still hear the Divorce Petition and grant the divorce if it deems fit.
A contested divorce hearing is very different from an uncontested divorce hearing in that a trial will be conducted. The parties will each have to give evidence in open court, to prove their respective cases. They will also have to call witnesses to support their case. The parties and their respective witnesses will be 'cross-examined'. "Cross-examination" is carried out by the other party's lawyer or the other party, who will ask questions on what was said in evidence. The respective lawyers or parties will also make 'submissions' i.e. present a summary of the case, and make arguments supporting the case, to the judge.
The whole process may take anything from one day to several days, depending on the number of witnesses and the complexity of the case. Contested divorces are comparatively much more time-consuming and costly than uncontested divorce hearings. If the court is satisfied, after hearing both parties, that the marriage has irretrievably broken down, the court will grant a 'Decree Nisi' to be made absolute after 3 months. The 'Decree Nisi' is a provisional order for divorce, which is 'made absolute', i.e. confirmed, after 3 months .
Second Stage
Step 12: PTC for Ancillary Matters
If the ancillary matters are not settled before the hearing of the divorce Petition, they will normally be adjourned for hearing in chambers. The court will then fix a PTC for the ancillary matters before fixing dates for hearing.
PTCs are conducted by a Deputy Registrar and the following matters will be dealt with:
(i) which of the ancillary matters (custody of children, maintenance for wife or children, division of matrimonial property or recovery of legal costs) are contested;
(ii) to consider the possibility of settlement and for this purpose, to refer parties for mediation and/or counselling;
(iii) to give orders on evidence. For example, the court may order parties to disclose their bank accounts or salary statements and any relevant reports on the children etc.;
(iv) to consider the need for an investigation into and for a report to be prepared on the welfare of the children; and
(v) to establish the asserted gross value of the matrimonial assets for division and the necessity to transfer the proceedings to the High Court for hearing and determination.
Step 13: Mediation, Counselling and/or Joint Conference
Mediation and counselling are processes to assist family members to resolve (i.e. settle) or narrow (i.e. reduce) their family disputes. In both processes, a neutral person will first help parties to explore all the options that are available to the parties to solve their problems, and then craft a solution that meets the interests and needs of the parties and their children. The goal of mediation and counselling is therefore to seek a result that both parties can accept, that is, a win-win solution.
Mediation and counselling are confidential. In other words, the position taken by parties or any concessions made by them will not bind them if there is no settlement at the end of the session. The judge hearing the case will also not get to know what was said during mediation or counselling.
However, if children have been ordered to attend counselling in order for a report to be put up, the matters disclosed during counselling will not be confidential. Parties and the children will be informed, before such a counselling session, that confidentiality will not be maintained.
Mediation is voluntary in the Family Court in that parties must consent to mediation. Mediation may be conducted by a judge or a volunteer mediator who is a qualified lawyer, counsellor or social worker. Mediation is normally fixed in cases where the dispute is over the division of matrimonial assets or maintenance.
Counselling, on the other hand, is conducted by professional counsellors who have qualifications in social work or psychology. Parties and/or their children may be ordered to attend counselling. Counselling is normally fixed to conciliate disputes over the custody or care of or access to the children. Counselling may also be ordered for the children for their wishes to be ascertained and for a report to be put up on their welfare.
A joint conference is co-mediation i.e. mediation jointly conducted by 2 mediators (a legally trained person (usually a judge) and a counsellor). It is normally fixed in cases which involve issues of a legal nature (such as the division of assets) an emotional nature (such as the custody of children etc).
If parties know what to expect in these processes and are adequately prepared for the sessions, they will find that these processes are useful in either settling the case or at the least clarifying what the real disputes are. To find out how to prepare for mediation and counselling, refer to the Mediation pamphlet and Counselling pamphlet. It is important for parties to bring along the relevant documents (such as bank statements, salary slips and CPF statements) for mediation.
If the ancillary matters are settled through mediation or counselling, the court will fix a date for Consent Orders to be recorded. If the ancillary matters are not settled, the court will give directions (i.e. orders) on the further conduct of the case.
Step 14: Adjourned PTC
If the ancillary matters cannot be settled, the court will fix another PTC after the mediation and counselling. At the adjourned PTC, the Deputy Registrar will:
(i) give orders on evidence and the preparation of the case to ensure an early and smooth hearing. For example, the parties will be ordered to file affidavits (that is, written statements sworn or affirmed before a Commissioner for Oaths) for the ancillary matters;
(ii) order the appropriate person (e.g. a court counsellor, a social worker from MCDS or a psychiatrist from the Child Guidance Clinic or in private practice) to furnish a report on the welfare of the children (if necessary);
(iii) ascertain if both or either party asserts that the gross value of the matrimonial assets for division is $1.5 million or more and the division of matrimonial assets is not settled, and if so, to order that the proceedings be transferred to the High Court for hearing and determination; and
(iv) ascertain the number of days required and fix the hearing dates.
When all necessary affidavits, documents and reports have been e-filed, the ancillary matters will then proceed for hearing in chambers (go to Step 15). The ancillary matters may be fixed for hearing on the 'Normal List' or on the 'Special List'.
Fixing on the normal list means that the case will be fixed for hearing on the same morning or afternoon as 3-4 other cases, whereas a 'special fixing' means that the case will be fixed for hearing for half a day or more. Parties should therefore assess the complexity of the case and indicate to the court how much time they would require to argue their case.
Step 14A: Ancillary Matters that have been transferred to the High Court
Where contested ancillary matters have been transferred to the High Court for hearing and determination in cases in which both or either party asserts that the gross value of the matrimonial assets for division is $1.5 million or more, the ancillary matters hearings and all applications arising thereafter shall be dealt with by the High Court, including all summons-in-chambers applications such as applications for variation and enforcement of an order made by the Family Court, and applications for decree absolute.
Step 15: Ancillary Matters
Consent orders.
Where the ancillary matters have been settled, whether or not through mediation or counselling, the parties should tender two copies of a Draft Consent Order setting out the agreed terms, which is signed by both parties. The Court may approve the Draft Consent Order without requiring attendance of the parties. If a party is not represented by a lawyer, then the party must sign the Draft Consent Order before a Commissioner for Oaths or a lawyer before the Court will approve the Draft Consent Order without the attendance of the parties.
If the agreement is in order, the court will grant an order in terms, i.e. approve the Draft Consent Order. Where the agreed terms require clarification, for example, where parties have agreed that not all the children shall be under the custody of the same parent, the court may require affidavits to be filed to justify why the orders should be made.
Contested hearing. Where the ancillary matters have not been settled, the hearing of the ancillary matters is usually conducted in chambers and the facts which parties are seeking to rely on should be adduced by way of affidavits. The leave of the court should be sought if parties wish to cross-examine the other parties or their witnesses. Cross-examination is not normally allowed.
Step 16: Application for Decree Absolute in respect of cases that have not been transferred to the High Court
Before making the application for the decree nisi to be made absolute, parties must meet the following conditions:
(i) all the ancillary matters have been heard, and orders have been made;
(ii) The time period prescribed for making the decree absolute has expired (usually 3 months from the date of the decree nisi or (see Step 11)). The court's approval must be sought if parties desire to make the application earlier);
(iii) If more than 1 year has passed from the date of the decree nisi and more than 3 months has passed after the last order made on the ancillary matters (whichever is later), an application by way of Summons in Chambers must be filed to seek the Court's approval to apply for the Decree Nisi to be made absolute, together with an affidavit to explain the delay;
(iv) There is no appeal against the decree nisi or an extension of time to appeal has expired; and
(v) no person has filed an appearance (a notice) to object to the decree being made absolute.
To apply for the decree nisi to be made absolute, the Petitioner or the Respondent is to apply for the Certificate of Making Decree Nisi Absolute using the Electronic Filing System either through his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees. The court will do the necessary checks to confirm that all the conditions are met. If the application is in order, the Certificate of Making Decree Nisi Absolute will be issued to the parties. If the application is not in order, the application will be rejected, with the reasons stated by the Family Registry. The applicant should rectify the errors and re-file the application.
Other Applications Related to Divorce Proceedings
(i) Originating Summons
A person who has been married for less than 3 years will have to seek the leave of the court (i.e. the approval of the court) if he wishes to e-file a divorce Petition. To apply for the court's approval, he must e-file an Originating Summons in court using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau and pay the required fees, accompanied with an affidavit (i.e. a written statement that is sworn or affirmed before a Commissioner for Oaths) that sets out:
(i) the grounds of the application;
(ii) Particulars of hardship or depravity;
(iii) Whether an application for the court's approval has been filed in the past;
(iv) Whether attempts have been made at reconciliation and if so, the nature of the attempts;
(v) Details of the circumstances that may help the court to decide if there is a possibility of reconciliation; and
(vi) the date of birth of each party.
The court will then fix the application for hearing in chambers before a District Judge. 5 clear days before the hearing, the originating summons, the affidavit in support and a notice of proceedings must be served on the other party, who is known as the Respondent, in the same manner as a Divorce Petition (see Step 2 above). Unlike a divorce Petition, the Respondent does not need to enter an appearance. He is entitled to be heard as of right.
(ii) Summons-in-Chambers (SIC)
An SIC is an application that is heard in chambers (i.e. it is a private hearing, unlike a trial, which is heard in open court), by either a District Judge or a Deputy Registrar. Parties and their witnesses need not testify in court when SICs are heard as such applications are heard based on affidavits (i.e. written statements that set out the evidence of the parties and that are sworn or affirmed before Commissioners for Oaths).
SICs can be e-filed for a range of matters that are related to a suit and can be e-filed at any point in time during the proceedings or after orders have been made by the court.
Common SICs e-filed in divorce proceedings include applications for:
(i) Substituted service or dispensation of service;
(ii) interim custody or access;
(iii) interim maintenance;
(iv) injunction, being an application to freeze assets to prevent disposition; am
(v) amendment, being an application to correct a court document;
(vi) discovery, being an application for information such as bank account statements,
(vii) striking out, being an application to remove a document or a portion of a document from the court's file;
(viii) Extension of time, being an application to be given more time to take a step that is required under the Rules;
(ix) Approval to file a Decree Nisi Absolute after time has expired; and
(x) Variation of a court order, being an application to change the orders on ancillary matters.
(iii) Appeals
If either party is dissatisfied with a court order made in the Family Court, he may e-file an appeal against the order. In the appeal papers (known as the Notice of Appeal), he must state the date of the order and the name of the District Judge or Deputy Registrar who had made the order, as well as specify which part of the order he is appealing against. If the order in question is made by a Deputy Registrar, the appeal papers must be filed at the Family Court Registry. If the order in question is made by District Judge, the appeal papers must be filed at the Appeal Section at the Civil Court Registry. You should seek legal advice if you need assistance in drafting the appeal papers.
(iv) Praecipes
A praecipe is a request to the court. Praecipes are commonly e-filed when a person wishes to search the court's records, to inspect the court's file or to extract a certified true copy of a court document . Praecipes have to be e-filed in court using the Electronic Filing System either from his solicitor's law firm Front-End system or at the Service Bureau. The person e-filing the praecipe must pay the required fees.
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