What to Expect During a Divorce Application in Singapore

If the Divorce is Uncontested

A Simplified Track divorce application can be made if parties on all matters on the divorce. This is generally a faster, more cost-effective, and less contentious process compared to a contested divorce.

Step 1: Prepare the Divorce Documents

The Applicant will first need to prepare the required divorce documents and supporting information, including:

1. Marriage certificate;
2. Identification details of both parties;
3. Details of any children (if applicable);
4. The facts relied upon to show that the marriage has irretrievably broken down; and
5. The proposed arrangements relating to ancillary matters such as maintenance, children, and division of assets.

Step 2: File and Serve the Divorce Application

Once the divorce application is filed, the Court will review the documents and may either:

1. Accept the application; or
2. Require amendments or additional documents/information depending on the circumstances of the case.

If the application is accepted, the Court will issue a Registrar’s Notice informing parties of the uncontested divorce hearing date. The Applicant must also serve the divorce documents on the Respondent and file proof of service with the Court within fourteen (14) days of filing the divorce application.

Step 3: Uncontested Divorce Hearing

In most Simplified Track cases, parties and their lawyers are not required to attend Court physically. The Court will review the documents filed and, if satisfied that the marriage has irretrievably broken down, grant Interim Judgment for divorce.

Step 4: Extracting the Final Judgment

After the Interim Judgment is granted, parties must wait at least 3 months before applying for the Final Judgment. If ancillary matters remain unresolved, the Final Judgment can only be extracted after those matters are concluded.

Once the Final Judgment is extracted, the simplified divorce proceedings are completed.

If the Divorce is Contested

A divorce will generally proceed on the Normal Track if parties are unable to agree on the divorce. This process is typically longer, more complex, and more costly than a Simplified Track divorce.

A Normal Track divorce generally takes place in two stages:

1. The Court determines whether the divorce should be granted; and
2. The Court determines the ancillary matters, such as child arrangements, maintenance, and division of assets.

Step 1: Filing and Serving the Divorce Documents

The divorce process begins when the Applicant files the necessary documents in the Family Justice Courts and formally serves them on the Respondent. The documents generally set out:

1. The grounds relied upon for the divorce;
2. The facts explaining why the marriage has irretrievably broken down; and
3. The orders sought relating to children, maintenance, and matrimonial assets.

If the Respondent does not contest the divorce, the Court may proceed to give further directions for the matter to move forward.

Step 2: Responding to the Divorce Application

Once served with the divorce papers, the Respondent should review the documents carefully and decide how to respond. The Respondent may:

1. Agree to the divorce entirely;
2. Contest the divorce itself; or
3. Agree to the divorce but contest certain ancillary matters, such as maintenance, care arrangements for children, or division of assets.

Contesting the Divorce

If you do not agree to the divorce or wish to remain married, you may contest the divorce by filing the relevant Court documents. Key timelines include:

• Filing a Notice to Contest within 14 days of being served with the divorce papers; and
• Filing a Reply within 28 days.

If the divorce is contested, the Court will schedule a case conference and may direct parties to attend mediation or counselling.

Agreeing to the Divorce

If you agree to the divorce, the matter may proceed on an uncontested basis. However, you may still dispute ancillary matters such as:

• Child arrangements;
• Maintenance; or
• Division of matrimonial assets.

If you agree to the divorce but also with to make an application to dissolve the marriage for other reasons, you will need to file a cross application within 28 days.

If parties agree on the divorce, the Applicant may request for the matter to be fixed for an uncontested hearing. Once the Court grants an Interim Judgment, ancillary matters (if unresolved) will be dealt with separately.

Not Responding to the Divorce Application

If you do not respond to the divorce application, the Applicant may proceed with the divorce on an uncontested basis. The Court may hear the matter in your absence and grant an Interim Judgment if satisfied that the legal requirements for divorce have been met.

Step 3: Joint Triage Checklist

After the matter has commenced, parties will be asked by the Court to complete a Joint Triage Checklist, in the spirit of Therapeutic Justice (TJ). This is an online questionnaire that helps the Court better understand the family’s circumstances, including:

1. The parties’ relationship dynamics;
2. Issues relating to children; and
3. Whether mediation or counselling may be appropriate.

Step 4: Divorce Hearing

If the Respondent does not agree to the divorce, the case proceeds to trial.

Each party must file and exchange Affidavits of Evidence-in-Chief (AEICs) containing their evidence and witness statements, before requesting a trial date or having the case set down for trial. The trial itself may take anywhere from one day to several days, depending on the number of witnesses and the complexity of the case. During the hearing, parties are expected to take the stand and give evidence. If a witness does not turn up, the Court may reject their AEIC.

If the Court is satisfied that the marriage has irretrievably broken down, it will grant an Interim Judgment for divorce. This marks the end of the first stage of the contested divorce process.

However, the Interim Judgment does not decide issues relating to children, property, or maintenance. The Court will then fix a date for an Ancillary Matters case conference to prepare for a separate hearing on these issues.

Step 5: Ancillary Matters Proceedings

The Ancillary Matters process is the second stage of the divorce process, which takes place after the Interim Judgment is granted if the parties have not reached agreement on issues such as maintenance, assets, or arrangements for children.

You should prepare in advance before attending an Ancillary Matters case conference, as the Court may ask questions on issues such as:

1. What disputes remain between the parties
2. The total value of the matrimonial assets
3. Whether there are disagreements concerning the children to the marriage (if any)
4. Whether parties have already attempted mediation
5. Whether any third party has an interest in the assets

The Court may refer both parties for mediation or counselling at the Family Dispute Resolution Division (FDR Division) of the Family Justice Courts.

If the parties manage to reach an agreement on the ancillary matters, the Court will direct them to prepare a Draft Ancillary Reliefs Order. After that, and once 3 months have passed since the Interim Judgment was granted, parties may extract the Final Judgment to complete the divorce process.

If a settlement on the ancillary matters cannot be reached, the Court will require both parties to file a First Ancillary Affidavit, which sets out their position and is supported by financial and relevant documents. These documents typically include evidence of income (payslips, employment contract, tax records), assets (property, bank accounts, CPF, investments, shares, insurance, vehicles), expenses (including children’s expenses), debts, business ownership, and any other information needed to show ownership or value of matrimonial assets.

After filing, both parties will exchange their affidavits. After this exchange, parties may then file and serve a second ancillary affidavit in reply to the other party’s first ancillary affidavit within 28 days. The Court may allow further affidavits or applications for disclosure if more documents are needed. Once all exchanges are completed, the Court will schedule the Ancillary Matters Hearing to decide on the remaining issues.

If a party suspects that there may be more documents from the other party which they had not been forthcoming with, that party can file and serve a summons for disclosure.

Step 6: Appeal (If Necessary)

After the Ancillary Matters Hearing, if either party is dissatisfied with the Court’s decision on the ancillary matters, an appeal may be filed to the Family Division of the High Court within the prescribed timeline of fourteen (14) days within the date of the orders made by the Court.

The party intending to appeal will also need to provide a S$3,000 security for the other party’s appeal costs.

Timeline of a Divorce

The timeline for a divorce depends largely on whether parties are able to reach an agreement.

• A Simplified Track divorce may conclude in approximately 4 months.
• A Normal Track divorce may take approximately 12 to 18 months, or longer if the matter is heavily contested.

The legal costs involved will also depend on the complexity of the matter, the number of Court attendances required, and whether ancillary matters are disputed.

If parties have children below 21 years old, attendance at the Mandatory Co-Parenting Programme conducted by the Ministry of Social and Family Development is also compulsory before filing for divorce.

This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.