Family Law

Family Court

The Family Court is now a unified family court, dealing with all family proceedings in Singapore. Its jurisdiction covers:

Adoption proceedings under the Adoption of Children Act
Divorce, nullity and judicial separation proceedings under Part X of the Women’s Charter
Guardianship, custody, care and control of and access to children under the Guardianship of Infants Act and Part X of the Women’s Charter
Division of matrimonial assets under Part X and section 59 of the Women’s Charter
Personal protection orders under Part VII of the Women’s Charter
Spousal and child maintenance under Parts VIII and X of the Women’s Charter
Enforcement of maintenance orders made by Singapore courts, the Maintenance of Parents Tribunal and the Syariah Court under section 71 and Part IX of the Women’s Charter and the Maintenance of Parents Tribunal Act
Reciprocal enforcement of maintenance orders made by foreign courts or tribunals under the Maintenance Orders (Facilities for Enforcement) Act and Maintenance Orders (Reciprocal Enforcement) Act

Courses of action open to applicants

Divorce - Legal procedure ending marriage
Nullity - Voiding marriage in its entirety, putting parties in the position as if they have never been married
Judicial Separation - Allows parties to live separately without divorcing. Reasons: Religion or marriage for less than 3 years

Divorce

A divorce is the legal procedure that ends a marriage.

Judge-led approach

The current adversarial system used in divorce proceedings is inimical to family cases as it increases rather than resolves the conflict given the high emotional investment. A Judge-led approach will be used in future, where Judges are empowered to take a proactive role in court proceedings.

This approach will place a much greater emphasis on addressing the interests of children in a divorce. This includes:

Expanding the mandate of the existing Counselling and Psychological Services of the State Courts;
Appointing Child Representatives. This could take the form of a lawyer appointed to be the child’s advocate or a social worker or medical expert if one is required; and
Enlisting the assistance of social and psychological service professionals to protect the best interests of the child.

Divorce Support Specialist Agencies

The Ministry of Law is in the midst of facilitating the development and growth of four Divorce Support Specialist Agencies. They will provide services such as information, non-legal advice, case management by social workers, counselling and family dispute management. Whenever possible, the Divorce Specialist Agencies will encourage and faciliate the resolution of problemsoutside of Court.

Family Law Practitioner (FLP) Accreditation

Family lawyers often require specific skill sets in addition to masteingr the law, such as counselling, mediation and emotional conflict resolution skills. The Ministry of Law will be developing specialist training for family lawyers with a view to equipping them with such skills. Lawyers who undergo this training will receive a Family Law Practitioner (FLP) accreditation, and parties looking to hire a divorce lawyer could consider hiring an FLP-accreditated lawyer.r

Preliminary considerations

Before filing for divorce, parties should consider:

The possibility of reconciliation. Project HEART is a programme to aid couples in their efforts to salvage their marriage.
Whether they require more information on what to expect when they embark on divorce proceedings. Parties may find it useful to read relevant Family Court pamphlets, or to attend a pre-filing information session before filing their divorce application.
Whether they require the assistance of the “Court Friend” scheme, whch provides practical support and help to unrepresented litigants.
Couples with children must undergo a pre-filing consultation session, unless they are able to agree on the divorce and all ancillary matters. The objective of the consultation session is to help parents understand the importance of co-parenting and the practical isues arising in a divorce that may have an impact on children.

The Family Court will practice differentiated case management for different types of cases entering the court system.

Parties in a Divorce Petition

A divorce petition usually comprises 2 parties:

The Plaintiff – the spouse filing the Petition.
The Defendant – the other spouse.

If the Divorce is based on the factual situation of Adultery, the 3rd party may be named in the Petition and he or she is known as the “Co-Defendant”.

Brief Outline of Divorce Procedure

STAGE 1 – Interim Judgment: When a Judge of the Family Court grants your divorce, he or she will hand down an Interim Judgment of Divorce. This is the end of the first stage of your divorce proceedings.
STAGE 2 – Ancillary Matters: The Interim Judgment does not settle issues about the children, property or maintenance. In legal language, issues about the children, property and maintenance are known as ‘ancillary matters.’ The ancillary matters are usually dealt with after the Court has granted the Interim Judgment. This is the second stage of divorce proceedings.
STAGE 3 – Final Judgment: You must wait until the Court has dealt with all the ancillary matters in your divorce, or for three months, whichever is later, before you can apply for a Certificate of Making Interim Judgment Final, or Final Judgment. You can only remarry after you have obtained Final Judgment.

Who can apply for a divorce?

A party can obtain a divorce in the Family Court if the party or his/her spouse:

Is domiciled in Singapore at the time of commencement of divorce proceedings.
1. A Singapore Citizen shall be deemed, until the contrary is proved, to be domiciled in Singapore.
2. The requirement of domicile goes beyond mere residency, it is fulfilled as long as the party considers Singapore his or her home, and intends to reside in Singapore indefinitely.
Has lived in Singapore for at least three years immediately before the commencement of divorce proceedings.

Three-Year Marriage Requirement

Parties cannot apply for a divorce if they have been married for less than three years unless they apply for leave of Court (ie. obtain the Court’s permission) to make their divorce application.

Leave of Court in this case will be given if a party proves that:

He or she has suffered exceptional hardship during the marriage, or
The other spouse has behaved with exceptional depravity, meaning that
he or she has behaved unusually badly.

The party must apply for leave of Court by originating summons, supported with a supporting affidavit explaining the grounds for your application.

Please note that it is rare for the Court to approve a divorce application for couples married for less than three years. The threshold for exceptional hardship and/or exceptional depravity is extremely high and cannot usually be met in cases of adultery, barring any aggravating conditions.

Legal Requirements for a Divorce

A party will be granted a divorce only if a Judge of the Family Court agrees that his/her marriage has ended.

In legal language, the Judge must find that his/her marriage has irrevocably broken down. This is set out in section 95 of the Women’s Charter.

To prove that his/her marriage has irrevocably broken down, a party must satisfy the Court that one or more of the following facts is true:

That the other spouse has committed adultery, and the party finds it intolerable to live with him or her.
That the other spouse has behaved in such a way that the party cannot reasonably be expected to live with him or her.
That the other spouse has deserted the party for a continuous period of at least two years.
If the other spouse agrees to the divorce, that the party and the other spouse have lived apart for a continuous period of at least three years.
If the other spouse does not agree to the divorce, that the party and the other spouse have lived apart for a continuous period of at least four years.

Divorce Case Flow ¹

First Stage

APPLY for a divorce by filing a Writ for Divorce and related papers
First day at Court: Status Conference in Chambers
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.
Your next most likely Court date - either:
- COUNSELLING - with a professional Court counsellor to help both parties resolve their differences over the emotional aspects of the divorce, or;
- RESOLUTION CONFERENCE - with a Family Court Judge to help both parties resolve their differences over the legal aspects of the divorce, or;
- JOINT CONFERENCE - with a Family Court Judge and a professional
Hearings and Trials
- If there is a settlement - UNCONTESTED DIVORCE HEARING IN OPEN COURT
- If there is no settlement -
  1. Plaintiff asks the Court to set down the divorce for hearing
  2. PRE-TRIAL CONFERENCE IN CHAMBERS 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.
  3. CONTESTED DIVORCE TRIAL IN OPEN COURT
INTERIM JUDGMENT

Second Stage

ANCILLARY MATTERS PRE-TRIAL CONFERENCE IN CHAMBERS
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 counseling or a resolution conference.
- COUNSELLING with a professional Court counsellor especially if children’s issues are in dispute
- RESOLUTION CONFERENCE with a Judge to help both parties resolve their differences.
Hearings
- If there is a settlement - CONSENT ANCILLARY MATTERS HEARING
- If there is no settlement -
  1. Filing of Affidavits of Assets and Means
  2. CONSENT ANCILLARY MATTERS HEARING
    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
  3. CONTESTED ANCILLARY MATTERS HEARING IN CHAMBERS
FINAL JUDGMENT

Divorce Proceedings at Court

Please note that contested divorces are usually much more time-consuming and costly than uncontested divorce hearings.

FIRST STAGE OF DIVORCE CASE

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 on which grounds (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 you 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 with the Court seal on them (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 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 the Integrated Electronic Litigation System (eLitigation) 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 or the Defendant do not have to attend a Status Conference yourself if you have a lawyer to represent you.

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 101 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.

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 or the Defendant do not have to attend a Pre-Trial Conference yourself if you have a lawyer.

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 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 90 of the Practice Directions.

5. Interim Judgment

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 irrevocably 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.

SECOND STAGE OF DIVORCE CASE

6. Ancillary matters pre-trial process

The second stage begins when an Ancillary Matters Pre-Trial Conference is called. This 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 or the Defendant do not have to attend the Ancillary Matters Pre-Trial Conference yourself if either of you have a lawyer.

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 27). If you are not sure 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 90 of the Practice Directions.

7. Ancillary matters hearing

If both parties manage to reach an 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 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 19B). The Deputy Registrar will normally ask both parties to complete Form 19B at an Ancillary Matters Pre-Trial Conference.

8. 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.

Muslim Marriages

Can the Family Court grant a divorce to a Muslim couple, or to a couple married under the Muslim law?

No. The Family Court only grants divorces to couples who are married under civil law.

Marital disputes involving Muslim parties or persons who are married under the Muslim law come under the jurisdiction of the Syariah Court under the Administration of Muslim Law Act (AMLA).

A party cannot apply for a divorce in the Family Court if that party and his/her spouse are Muslims, or were married under the Muslim law.

Can I enforce orders made by the Syariah Court in the Family Court?

Yes. You may choose to file a Magistrate’s Complaint for breach of the order under sections 51 or 52 of the Administration of Muslim Law Act, or to have the Syariah Court order registered as a judgment of a District Court under section 53 of the Administration of Muslim Law Act.

Commonly Asked Questions on Divorce

Can I proceed with the divorce if I am unable to locate my spouse?

Yes. You may still proceed with your divorce application in the Family Court, but the procedure may be more expensive and complicated because the Court will still require you to serve the divorce papers on him or her.

Can I oppose a Writ for Divorce filed by my spouse?

If you want to oppose your spouse’s divorce application, it is very important that you follow the proper procedures. If you simply ignore the Court case, the Court may decide the case without you. You may find that your marriage has been legally ended, and that certain orders have been made on the children, property and maintenance. These orders will still be binding on you even if you were not at the Court hearing.

You must be clear as to whether you want to remain married to your spouse, or if you simply want the Court to hear you on the issues relating to the children, property and maintenance. These are the ancillary matters and will be covered in the next section.

If you wish to remain married to your spouse, you must defend the divorce.

You must do this by filing a Memorandum of Appearance and a Defence. A copy of the Memorandum of Appearance will have been served on you together with the divorce papers.

If you just want the Court to hear you on the ancillary matters, file the Memorandum of Appearance indicating which issues you wish to be heard on. After the Interim Judgment hearing is over, the Court will call an Ancillary Matters Pre-Trial Conference.

Is there a way for my spouse and I to come to an agreement so that we can avoid a contested divorce?

Yes. The Family Relations Chambers of the Family Court is dedicated to helping you and your spouse come to an amicable arrangement on the divorce and ancillary matters.

You can make a request for a Resolution Conference with a Judge of the Family Relations Chambers. You can make your request through your lawyer if you have one, or to the Deputy Registrar when you attend Court at the Status Conference or Pre-Trial Conference stage of your divorce proceedings.

You can also make a request for counseling at the Family and Juvenile Justice Centre.

Do I need a lawyer to get divorced?

If you really want to, and if you are able to do so, you can apply for a divorce yourself. In legal language, this is known as ‘acting in person.’

But you will not be exempt from the legal, procedural and formal requirements of conducting Court proceedings. For example, you must ensure that the documents you file in Court are in the correct format, that you have paid the correct filing fees, and that you have filed your documents through the Electronic Filing System.

Most importantly, the Family Court cannot give you any advice on what you should say or do. Only a qualified lawyer can give you independent legal advice on the merits of your case.

When can I remarry?

You can only remarry after you have obtained Final Judgment—also known as a Certificate of Making Interim Judgment Final (Form 26). You must wait until the Court has dealt with all the ancillary matters in your divorce, or for three months, whichever is later, before you can apply for the Certificate of Making Interim Judgment Final.

Is it legal for me to make my spouse move out of the matrimonial property during divorce proceedings?

Generally, you will not be allowed to do so. However, in special circumstances for example where that person has behaved in such a way that you cannot reasonably be expected to live with him/her the court might then grant such relief to you.

Can a prenuptial agreement be enforced in Singapore?

Prenuptial agreements are not enforceable per se. The court will determine on a case by case basis.

Is it possible for the length of separation required for divorce to be shortened?

Generally this relief isn’t available within the first three years of marriage. There is an exception to this 3-year minimum rule where the case is one of ‘exceptional hardship’. ² The factors which the court must consider in deciding whether to grant leave would include if there was any child of the marriage and whether there is a any reasonable chance of reconciliation between the parties within the 3-year period. ³

Can we put forward a self-drafted agreement in respect of division of matrimonial assets in connection with the grant of judgment of divorce?

Once the divorce proceedings reach the ancillary stage (ie. after a final order for divorce has been granted by a court), any agreement between the parties concerning the ownership and division of matrimonial assets made in contemplation of divorce may be considered by a court when deciding on such matters. ⁴

What happens if one party wants a divorce and the other only wants a separation?

If the plaintiff spouse who has filed a writ for divorce is able to satisfy the court that there has been a irrevocable breakdown of the marriage based on one or more of the facts set out in Section 95(3) of the Women’s Charter, then the court will determine whether to grant the judgment of divorce. It is not necessary that the defendant spouse agrees to the divorce in certaincases.

If I get a divorce, does this affect my PR/immigration status?

This is a matter in which can be referred to the Immigration and Checkpoints Authority of Singapore.

I have obtained a divorce in a foreign country. Can I apply to the Singapore court to seek financial relief?

You can apply to the Singapore court to seek financial relief provided that:

The divorce in the foreign country must be recognized as valid in Singapore under Singaporean law; and
either party to the marriage was domiciled in Singapore on the date of application or was so domiciled on the date the divorce took effect in the foreign country or either party was habitually resident in Singapore for a continuous period of one year immediately before the date of application or the date in which the divorce took effect in the foreign country.

However, before any Singapore court can make an order granting financial relief it must decide whether Singapore is the ‘natural forum’ for the handling of the ancillary matters following the overseas divorce. The courts must consider:

The connection which the parties to the marriage have with Singapore.
The connection which those parties have with the country in which the marriage was dissolved.
The connection which those parties have with any other foreign country.
Any financial benefit which the applicant or a child of the marriage has received, or is likely to receive, in consequence of the divorce or by virtue of any agreement or the operation of the law of a foreign country.
In a case where an order has been made by a court of competent jurisdiction in a foreign country requiring the other party to the marriage to make any payment or transfer any property for the benefit of the applicant or a child of the marriage, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with
Any right which the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any foreign country, and if the applicant has omitted to exercise that right, the reason for that omission.
The availability in Singapore of any matrimonial asset in respect of which an order could be made.
The extent to which any order is likely to be enforceable.
The length of time which has elapsed since the date of the divorce ⁵.

Will the court consider the interests of my children when deciding whether to grant my divorce?

The court shall consider all the circumstances of the case, including how the interests of any children of the marriage may be affected if the marriage is dissolved. If it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage, the court shall dismiss the divorce proceedings.

What actions can I take against the mistress of my spouse?

The person alleged to have committed adultery with the defendant can be made a co-defendant in the action if such person is named in the statement of claim, unless the court directs otherwise.

Can I sue someone for bigamy? What are the consequences of bigamy?

Bigamy in Singapore is regarded a criminal offence in Singapore. The penalty for such offence is of imprisonment up to 7 years as well as a fine. ⁶

Nullity

Under certain circumstances, the court may find that the marriage should be set aside. If the Court grants a decree of nullity the parties are essentially in the position that they were before being married, eg it is as if they have never been married, Such marriages can be divided into two types; void and voidable. The marriage remains valid up until being declared void. Annulment does not retrospectively terminate the marriage at the point when it was formed.

What are the grounds for annulling a marriage?

Applicable to a marriage which takes place after 1st June 1981

The marriage has not been consummated owing to the incapacity of either party to consummate it.
The marriage has not been consummated owing to the willful refusal of the respondent to consummate it.
Lack of consent; the marriage was not consensual on both parties, whether in consequence of duress, mistake, mental disorder or otherwise.
Mental illness rendering the person unfit for marriage
Respondent suffered from Communicable Venereal Disease prior to marriage
At the time of the marriage the wife respondent was pregnant by some person other than the petitioner.

The above list is not exhaustive. To rely on the grounds of mental illness, lack of consent, pregnancy and venereal disease, the proceedings must be instituted within 3 years from the date of marriage.

Void Marriages

If any of the following situations exist, then the marriage is considered void at law i.e. no legal marriage has ever taken place:

Either party is under the age of 18 years old and is married without the Minister’s special permission.
Spouses are closely related (such relationships are set out in the Women’s Charter) and the Minister’s permission has not been obtained.
A marriage celebrated outside Singapore fails to comply with the law of that country.
Either party is already married.
Person who solemnized the marriage does not have the authority / valid license to do so.
The parties are of the same sex as stated in their respective documents of identity.

A child of a void marriage born on or after 2nd May 1975 shall be deemed the legitimate child of his/her parents if at the date of the marriage, both or either parents reasonably believed that the marriage was valid meaning he/she inherits his/her parents’ assets if they die intestate (without a will).

What are the defences to the grant of a decree of nullity?

The Court will not grant a decree of nullity in such voidable marriages if the Respondent convinces the Court that:

The Petitioner, knowing that he/she has grounds for nullity, gave the Respondent the impression that he/she would not seek such a decree.
It would be unjust to the Respondent for the Court to grant the decree.

What about the status of any child of a marriage that has been annulled?

Notwithstanding the annulment, as at the date of the decree, the child shall be deemed to be their legitimate child (if the child would have been the legitimate child of the parties to the marriage if it has been dissolved by way of divorce instead of being annulled).

How do I respond when served with a writ to nullify a marriage?

You need to decide if you want to contest the annulment (e.g. because the reasons provided by your spouse were false or unjustified). You will need to provide additional evidence to counter the allegations made. In such cases, you might want to contact a legal representative and/or obtain legal advice.

If you do not wish to contest the case and both parties agree to the annulment, it will take between 4-5 months to process. Both parties will need to make a court appearance. You may wish to obtain legal representation for this as well.

Judicial Separation

A Petitioner can opt to file for a Judicial Separation instead of a Divorce. Alternatively, the parties can engage a lawyer to prepare a Deed of Separation.

If either party is opposed to divorce on religious or other grounds, but wishes to live apart from the other spouse, the Court may make a decree of Judicial Separation. Such a decree is obtained by proving the same facts as in a divorce petition.

You may wish to live permanently apart from your spouse by reason of one or more of the following situations without commencing divorce proceedings for various reasons. This is possible if you apply to the Court for Judicial Separation:

Adultery.
Unreasonable behaviour.
Desertion for a continuous period of at least 2 years immediately preceding the presentation of the petition.
Separation for 3 or 4 years with consent.

What is the effect of a Judicial Separation?

Once the decree of Judicial Separation is granted by the Court, the Petitioner is no longer obliged to cohabit with the Respondent.

A decree of judicial separation does not legally end the marriage,thus neither party can re-marry. However, a party would be entitled to make similar claims as in a divorce (e.g. custody, maintenance and division of matrimonial assets). Judicially separated spouses are not entitled to claim on the intestacy of the other if that person dies intestate after 1st June 1981.

Why should I choose Judicial Separation?

There may be reasons that you may not want a Divorce such as on religious or moral grounds. You may also not meet the 3 years’ restriction on petitions for divorces.

In a Judicial Separation, can the Court deal with ancillary matters?

Yes. The Court can deal with matters such as custody of the children, maintenance and the division of matrimonial assets.

Deed of Separation ⁷

You may wish to be separated from your spouse for a period of time before you decide on a divorce. In the meantime, the parties can still work on reconciliation.

In this case, you may sign an agreement called a Deed of Separation, which will set out the terms and conditions governing the relationship between you and your spouse during the period of separation. Both parties may mutually agree on an arrangement for the custody care and control of the children who are below the age of 21, maintenance of a spouse and/or children and division of the matrimonial assets in the event of a divorce.

A Deed of Separation is a private document, and not lodged with any government departments, and the Separation Deed may be revoked at any time with the consent of both parties.

Although the parties may have mutually agreed to the terms in the Separation Deed, either party can still apply to have any of the terms set aside by the Family Court (unless the Deed of Separation was sanctioned by the Court).

The Deed of Separation is usually prepared by a lawyer and is signed in the presence of a lawyer.

Can I reconcile with my spouse after signing a Deed of Separation?

Yes. You may reconcile with your spouse even after signing the Deed of Separation

How do I contest a Deed of Separation?

The deed of separation is only valid if there is agreement and both parties sign the deed. Both parties must consent to its terms in order for it to be legally binding, so if you contest a Deed of Separation immediately contact a lawyer for advice.

Ancillary Matters Upon Divorce

Ancillary matters that a court will adjudicate upon after granting the Interim Judgment includes the following:

Custody, care and control, and access to any child of the marriage
Maintenance of a wife or ex-wife
Maintenance of a child or children
Division of matrimonial property

Custody, Care and Control, and Access ⁸

In any hearing pertaining to the custody, care and control, or access to a child, the court’s primary and overriding consideration will be the welfare of that child. The court will make decisions based on what is in the best interests of the child.

The parents’ wishes will come second to the child’s welfare and/or the child’s wishes (if he or she is old enough to express an independent opinion).

This section provides a summary of procedures in filing an application for custody, care and control of or access to a child in the Family Court. It deals with applications made under the Guardianship of Infants Act. Custody, care, control and access issues may also be dealt with as ancillary matters during divorce proceedings.

Electronic filing

Please note that all Court documents in guardianship proceedings 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 Bureaux 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

Proceedings for Obtaining Custody, Care and Control, and Access

Original Summons Case Flow

How your case may progress through the Family Court:

APPLY for custody, care and control or access by filing an Originating Summons and related papers
First day at Court - Pre-Trial Conference in Chambers
- 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 hearing of the Originating Summons. If it might be possible to reach an amicable settlement of the matter, the Deputy Registrar will refer the parties for counseling, a Resolution Conference, or a Joint Conference.
Your next most likely Court date - either:
- COUNSELLING - with a professional Court counsellor to help both parties resolve their differences over the emotional aspects of the divorce, or;
- RESOLUTION CONFERENCE - with a Family Court Judge to help both parties resolve their differences over the legal aspects of the divorce, or;
- JOINT CONFERENCE - with a Family Court Judge and a professional Court counsellor to help with both the emotional and legal aspects of the dispute.
If there is a settlement - Consent Originating Summons Hearing before a District Judge in Chambers

If there is no settlement - Pre-Trial Conference in Chambers, followed by Hearing of Originating Summons before a District Judge in Chambers

Starting proceedings

To start guardianship proceedings, you must file the following documents in Court:

Originating Summons
Affidavit in support of the Originating Summons

The person filing the Originating Summons is the Plaintiff. The person against whom you are filing the Originating Summons is the Defendant. Under paragraph 102 of the Practice Directions, you must exhibit your Marriage Certificate to your affidavit if you are or were married to the Defendant.

If there are Syariah Court divorce proceedings between you and the Defendant, Order 84 of the Rules of Court requires you to file the following documents with your Originating Summons:

A Syariah Court commencement certificate; or
The parties’ written consent to the commencement of proceedings in the Family Court, and a Syariah Court certificate of attendance.

You will need to pay the appropriate filing fees for all documents filed in Court.

Service

If your documents are in order, the Family Registry will accept your documents for filing. Copies of your documents with the Court seal on them (the sealed copies) will be returned to you.

Serve the sealed copies on the defendant. This is to alert him or her that you have started these 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; or
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.

Your first Court date

Your first Court date is likely to be a Pre-Trial Conference before a Deputy Registrar of the Family Court. Both you and the Defendant will be notified of the Court date by letter.

A Pre-Trial Conference is conducted in chambers – meaning that the hearing is closed to the public, and only those directly involved in the matter can attend. You or the Defendant do not have to attend a Pre-Trial Conference yourself if either of you have a lawyer.

At the Pre-Trial Conference, the Deputy Registrar will check if all the necessary documents have been filed in Court. If the Defendant is contesting your application, he or she will have to file an affidavit in reply.

If there is a possibility for amicable resolution, the Deputy Registrar may refer the case for counselling with a professional Court counsellor, or for a resolution or joint conference at the Family Relations Chambers.

In a high conflict case, the Deputy Registrar may consider referring the matter to a professional Court counsellor or social worker, so that a confidential report may be prepared for the purpose of the Originating Summons hearing.

Further information on Pre-Trial Conferences may be found at paragraphs 89 and 102 of the Practice Directions.

Originating Summons Hearing

If an amicable resolution of your dispute is reached after attendance at counselling, or after a resolution or joint conference, a consent order may be recorded before a District Judge in chambers. This formally ends the Court proceedings.

If an amicable resolution is not possible, the Originating Summons will proceed for hearing before a District Judge in chambers. The District Judge will make his or her decision based on the affidavits that have been filed in Court. It is not necessary for you or the Defendant to give oral evidence before the District Judge.

After hearing both sides, the District Judge will rule on your application, and make the necessary orders. This formally ends the Court proceedings.

Appeals

If you are not satisfied with the District Judge’s order, you may appeal to a Judge of the High Court.

If you wish to appeal, you must do so by filing a Notice of Appeal (Form 113) in the Civil Registry of the State Courts. The Notice must be issued within 14 days of the District Judge’s order. You must then serve the Notice on the other party within 7 days of it being issued. You may wish to refer to Order 55C of the Rules of Court for further details.

The courts’ primary consideration in awarding ‘custody’, i.e. the right to make major decisions about the welfare and upbringing, and the ‘care and control’ of a child (i.e. the right to have the child live with a particular parent and to make day-to-day decisions concerning the child), is still “the welfare of the child”.

When the Court considers the welfare of the child, some relevant factors would be:

The role each parent has played in the child’s life.
The stability that each parent can offer the child.
Whether the child’s existing care arrangements can be left as they are.
The child’s age: care and control of a very young child will normally lie with the mother.
Whether there are siblings: as far as possible, the Court tries not to separate siblings.
The child’s wishes, if he or she is old enough to express an independent opinion.
The parents’ wishes: but it is important to note that this factor comes second to the welfare of the child.
It is now the trend for Singapore to award joint custody to both
parents even though in some situations, the parents obviously do not get along.
A court order for custody may be changed later if it can be shown that there has been a substantial change of circumstances since the previous court order, and that the change would be in the best interests of the child.

Commonly Asked Questions on Children’s Issues ⁹

How does the Court decide which parent gets the children?

The Court does not award the children to either parent. Each parent has an equal responsibility for the children. Parental responsibility does not change when parents’ divorce.

The Court decides two things:

The first thing to decide is whether one or both parents should have custody of the children. Custody is the right to make major decisions on the welfare and upbringing of the children. Custody can be shared.

The second thing to decide is which parent has care and control of the children. Care and control is the right to have the children live with you, and to make everyday decisions about them. For practical reasons, care and control normally lies with one parent.

The Court considers the welfare of the child to be the most important factor in making its decisions on custody, care and control. The welfare of the child is a very wide concept. It includes the child’s emotional and physical well-being. It also includes the child’s education, religious and moral upbringing.

Must our children choose which parent they want to follow?

No. If they want to, they can express their views to the Court as to which parent they would like to live with. While the Court may consider the children’s views against all of the circumstances of the case and with reference to their age, it will make the decision it feels is in the best interests of the children.

How will I see my children if the Court grants care and control to the other parent?

When the Court decides on custody, care and control, the Court will make an access order to ensure that the parent without care and control canhis or her children regularly. When deciding on the right access order to make, the most important factor to consider is the welfare of the children.

If both parents can co-operate with each other, and would like to keep the access arrangements flexible, then the Court will usually order ‘reasonable access.’ But if the circumstances of the case require the access order to be more specific the Court may set out a timetable for access, and any particular conditions to be complied with during access.

What if I feel that the other parent is a bad influence on our children, and do not want him or her to have access?

You may ask the Court to order that the other parent does not have access to the children, but you should be aware that access is only denied if it will harm the children more than it will benefit them.

One option may be to ask for an order for supervised access. This means that access will be granted to the other parent on the condition that you, or a neutral third party such as a relative, are present. A short-term supervised access order may also be made under the Family Court’s Project Contact, run in conjunction with participating Family Service Centres across Singapore. This may be suitable if your children are very young, and the other parent is not able to handle the children on his or her own, or if there are some concerns with his or her interactions with the children.

What should I do if the other parent is violent towards the children?

You may wish to consider applying for a personal protection order. Please read the section on Family Violence before making such an application.

What should I do if the other parent suddenly takes our children out of Singapore?

The Women’s Charter says that once a Court order on the children is made, it is a criminal offence to take the children out of Singapore for more than a month without the written consent of both parents, and/or the Court’s permission.

If you think there is a chance that the other parent may take the children overseas without your permission, you can ask the Court for a clear order that neither you nor the other parent can take the children overseas without the permission of the other parent or the Court. The Court may also order that the children’s passports be kept by you while they are with the other parent.

You must be able to tell the Court why you want these orders to be made. The Court will decide whether it is in the best interests of the children to make such orders. The Court will consider if it is likely that the other parent would take the children overseas without your permission. Some relevant factors would be:

• Which country the other parent is likely to take the children to.

• Whether he or she is a citizen of that country.

• Whether he or she has a job or family overseas.

How exactly do I enforce my rights to access? What do I do if the other parent denies me access?

When a parenting order is made, each person affected by the order must comply with the order. If the non-custodial parent encounters problems with access, he can file an application to request an assisted transfer or to specify venue of handover, or commence committal proceedings. This can be done at the Family Court at Paterson Road. Counselling and mediation services are also available there. You must be able to prove the allegations by providing evidence (e.g. witnesses) of contravention.

If your ex-spouse threatens to take your child out of Singapore without your consent, you may apply to the Court for an order to prevent him from doing so. If he/she disobeys the court order, he/she may be guilty of contempt and may be fined or imprisoned.

How exactly does joint custody work?

Custody refers to the legal decision-making authority in a child’s life. This includes, but is not limited to religion, education, and health issues. In most cases, joint custody is granted to both parents. Both parents have a share in making major decisions involving the child and must agree on the decisions made. In the absence of agreement, either parent must apply to the courts for a determination of the disputed issue. Alternatively, and preferably, they can seek counseling or mediation instead.

What does ‘liberal access’ actually entail?

“Liberal access” entails that the non-custodial parent should have frequent contact and reasonable access to his/her child. The custodial parent should not unreasonably prohibit such contact/access. As opposed to fixed access arrangements, it does not entail specific schedules/arrangements for access and is mainly characterized by the presumption that both parties will act reasonably. What is ‘reasonable’ depends on the particular context. If either parent acts unreasonably in withholding or being over-intrusive in accessing the child, he/she may be guilty of contempt of court.

What is involved in a transfer of custody?

In general, judges avoid moving children unnecessarily as instability may be detrimental to a child’s welfare. However, in special circumstances, the non-custodial parent can make an application to the family court to vary custody orders (e.g. unreasonable behavior from the custodial parent, change in financial circumstances etc.) He/she must furnish the court with evidence to back up the reasons provided. The eventual decision over whether or not a transfer of custody will be granted depends on what the judge thinks is best for the child’s welfare.

Do I have any rights to custody over my grandchildren?

No, unless the courts have expressly awarded you this right.

In circumstances of divorce, under Part X of the Women’s Charter the court is empowered to make orders as it thinks fit with respect to the welfare of any child of the marriage. Section 125, under Part X of the Women’s Charter, provides that the court may place the child in the custody of the parents or a relative of the child or any other person. Since the welfare of the child is the paramount consideration, the court is not restricted to only awarding custody to the parents. It is possible that a grandparent could seek custody.

If it is possible for a grandparent to intervene during the parents’ divorce proceedings to seek an order of custody of the child, it is likely that access, being a ‘lesser right’ than custody, may also be sought. A grandparent under these limited circumstances is not starting a new application to bring the child before the court for resolution of matters. The court is already possessed of jurisdiction and power to make orders for the child’s welfare.

Do I still have legal custody over my adult offspring?

No.

The Women’s Charter defines a child as one who is under 21 years of age. However, you may still have custody over your children in certain special circumstances (eg. mental/physical disabilities) even if they are 21 years and older.

Does a child have a legal right to see his siblings?

Your child does not have a legal right to see his siblings per se, but it is a very compelling factor that judges will take into account in making or varying access/custody orders.

Will my job/profession affect my chances of gaining custody?

Yes. Custody refers to the legal decision-making authority in a child’s life. This includes, but is not limited to religion, education, and health issues.. While the Court will primarily consider the child’s well-being and moral welfare, other factors such as his physical wellbeing and security, his ties of affection and his preferences will be taken into account. Custody will be granted based on which parent will be better able to provide for the child’s needs.

What other factors may be relevant?

A parties criminal record, admission of family violence, previous divorce and/or children or a divorce based on ‘unreasonable behaviour’ are all factors that could affect the custody judgment.

Can I prevent my child from living with my ex-spouse’s new partner?

If your ex-spouse can provide a more suitable environment for your child to live in, you cannot contravene court orders regardless of a new partner

How do I obtain access to my child once my social pass expires

You can apply for a short-term social visit pass, or if you are female with a child below 21 studying in Singapore, possibly a long-term visitor pass. The Social Visit Pass is valid between two to four weeks and may be subsequently renewed for up to three months. Holders of the Social Visit Pass are not allowed to work in Singapore. For more details on application, please visit www.ica.gov.sg.

What happens if neither parent wants custody?

The Judge may feel it is more appropriate to give the custody and/or the care and control/access of the child to a relative or a children’s welfare organisation.

What regulations govern custody over an illegitimate child?

There are no fixed rules with regards to granting custody, even involving unmarried parents. When deciding who to give the custody and/or the care and control/access of your child to, the Judge may consider your wishes and those of the child’s father and the wishes of your child. In order for the child’s father to have a right to claim custody over the child, he must be legally registered as the child’s biological father.

With regards to a child’s right to maintenance, the Women’s Charter does not draw any distinction based on the marital status of his/her parents. Both parents have an obligation to maintain the child.

What constitutes grounds for removal of visitation rights?

If the non-custodial parent behaves in a manner that is deemed to be detrimental to the child’s welfare (for example by flouting access arrangements, neglecting or abusing your child), you may file for a variation of access arrangements at the Family Court at Paterson Road. You must furnish the courts with evidence to support your grounds for removing visitation rights.

Does a foreign court ruling on custody apply in Singapore?

For cross jurisdictional marriages ending in divorce, the parents may obtain mirror orders in that he/she obtains a similar order, or registers the order obtained in Singapore, in another jurisdiction which is relevant to parties. For example, if a mother from a foreign country is given an order for custody of the children by the Singapore court, with the Singaporean father being given access orders, either party may apply to the foreign court for similar orders or register the Singapore orders in that foreign country, as appropriate.

However even with a prior foreign custody order, the court, , may be willing to re-open a custody dispute and determine the case on its merits. While due respect will be given to a foreign order and followed unless there are exceptional circumstances, they will not necessarily be regarded as binding given the paramount consideration for the child’s welfare

Does my ex-spouse have a right to access my child’s birth certificate if I have sole custody?

It depends on the extent of access your ex-spouse has to your child, which is determined by the court. The Judge may, in this specific circumstance, choose to interview the parties involved or obtain a welfare report by various governmental agencies to determine whether he or she should have access to your child’s birth certificate. The court will order a welfare report if it is of the view that the input of someone trained and experienced in child welfare would be useful in coming to a decision on what orders to make in relation to the custody and/or access dispute between parties.

Reports may be ordered by the deputy registrar at the ancillary pre-trial conference, the court mediator or the judge hearing the ancillary matters. ¹⁰

Maintenance ¹¹

Maintenance is financial support.

Maintenance case flow

How your case may progress through the Family Court:

APPLY for maintenance, or for the enforcement of an existing maintenance order by filing and swearing/affirming a Magistrate’s Complaint
You will be brought before a Magistrate or District Judge. If your application is in order, the Magistrate or District Judge will direct that a summons to the respondent be issued. The Court will send a letter to the respondent to inform him or her that attendance in Court is required for service of the summons. You must also be present on this date.
First day at Court -
- If the respondent is present:
  1. SERVICE OF THE SUMMONS AND MEDIATION - The respondent will be served with the summons personally at the Family Court.
    If both of you are agreeable, your case will be referred for mediation with a court mediator.
  2. IF THERE IS AN AGREEMENT BETWEEN THE PARTIES, CONSENT ORDER RECORDED BEFORE MAGISTRATE OR DISTRICT JUDGE
- If the respondent is absent:
  1. SERVICE OF THE SUMMONS - You will have to accompany the Court process server to the respondent’s house for service of the summons.
  2. MENTIONS IN FAMILY COURT 1 On your next Court date, your case will be mentioned in Family Court 1 before a District Judge. The District Judge will order both parties to disclose financial documents and salary slips, and fix trial dates if the case is ready for hearing.
  3. HEARING IN OPEN COURT Maintenance trials are heard before a Magistrate or a District Judge in open court. The open court trial may take up to one day depending on the complexity of the case. The Magistrate or District Judge will make the necessary orders after the hearing is over
  4. ORDER OF COURT

Starting proceedings

You must come personally to the Family Court to complete the standard Magistrate’s Complaint form. You may do this at the Family Registry, Level 1, Family and Juvenile Court Building.

You must bring:

Your Marriage Certificate, if any
Your children’s Birth Certificates, if you are applying for their maintenance
A copy of the Court order that you wish to enforce, if you are applying for enforcement

As you are the person filing the Magistrate’s Complaint, you are the Complainant. The person against whom the Magistrate’s Complaint is made is the Respondent.

When you have completed and submitted your Magistrate’s Complaint, you will be taken before a Magistrate or District Judge to have it sworn or affirmed, eg confirming that the contents of what you have written in the form are true and correct. . It is a serious offence to include statements that you know to be untrue or incorrect in a sworn or affirmed Magistrate’s Complaint.

If your application is in order, the Magistrate or District Judge will direct that a summons to the Respondent be issued.

You will have to pay the prescribedfee for the issuance of the summons.

The Family Registry will set a date for the personal service of the summons on the Respondent. The Respondent will be sent a letter at the address you have provided, to inform him or her that he or she has to attend at the Family Court for the service of the summons.

Service appointment

If both you and the Respondent are present, personal service of the summons will be effected on the Respondent. If both of you are in agreement , you will be referred for a free mediation service with a Court mediator to see if you can reach a settlement on the maintenance issue. If a settlement is reached, you will both be brought before a Magistrate or District Judge to have the settlement recorded as a Court order. That will conclude your case. You will both receive copies of the order by post.

If the Respondent is absent from Court on this date, you will have to accompany the Court process server to the Respondent’s address if you wish to proceed with your application. You will have to pay the prescribed fee for service of your summons by the Court process server.

Once the summons has been served on the Respondent, a date will be set for the mention of your case in Family Court 1.

If you fail to turn up on any of your Court dates, including the date for service of the summons on the Respondent, your application may be struck out. This means that you will have to file another Magistrate’s Complaint, and pay the fee again.

If you are the Respondent, your failure to turn up will result in the issuance of a Warrant of Arrest against you.

Your first Court date

Your first Court date will be a mention of your case in Family Court 1 before a District Judge. A mention is a short hearing. It usually lasts only five minutes. A District Judge may hear up to 30 or 40 mentions per half-day session in Family Court 1.

At your mention, the Judge will:

Consider whether the case may be resolved by agreement.
Give orders on the production of evidence—in maintenance cases, the usual evidence consists of parties’ bank and CPF statements, salary slips, IRAS Notices of Assessments and lists of personal monthly expenses.
Give orders on the filing of affidavits, if you or the Respondent have lawyers, or know how to prepare affidavits.
Determine how many days are needed for the hearing of your case, and fix trial dates accordingly.

If you have applied to enforce an existing maintenance order, the District Judge may direct the Respondent to show cause as to why he or she has breached the maintenance order, and why enforcement action should not be taken against him or her.

If you are the Respondent, you should ensure that all the documents you want to rely on—for example, any medical reports or letters of retrenchment—are ready to be shown to the Judge on the mention date.

Hearing in open court

If you are not able to settle the maintenance dispute with the Respondent, you will each have to give evidence before a Magistrate or District Judge to prove your respective cases. This will be done in a trial in open court. If either party wishes to call witnesses at the trial, they should inform the District Judge of their intention during the mention in Family Court 1.

The trial may last anything from an hour or two, to a few days, depending on the complexity of your case. The District Judge in Family Court 1 will assess this, and decide how much time to allocate to your case.

At the trial, the proceedings will generally take the following structure:

The Complainant gives his or her documents to the Court, and takes the witness stand to give sworn or affirmed evidence.
The Respondent may cross-examine the Complainant on what he or she has said.
The Respondent gives his or her documents to the Court, and takes the witness stand to give sworn or affirmed evidence.
The Complainant may cross-examine the Respondent on what he or she has said.

If either party is represented, the trial will be conducted by their lawyers. At the end of the hearing, the lawyers will present arguments on behalf of each party.

The Magistrate or District Judge will then make the necessary orders. This concludes your case.

Appeals

If you are not satisfied with the order, you may appeal to a Judge of the High Court.

If you wish to appeal, you must do so by filing aNotice of Appeal (Form 114) in the Civil Registry of the State Courts. The Notice must be filed and served within 14 days of the order. You must also provide security for the other party’s costs of the appeal in the sum of $2,000, if you are appealing against a Magistrate’s order, or $3,000, if you are appealing against a District Judge’s order. You may wish to refer to Order 55D of the Rules of Court for further details. Please note that court staff cannot help you with your appeal papers.

Respondents residing outside Singapore

If you want to file a Magistrate’s Complaint against a respondent who resides outside Singapore, you may do so if:

You know the respondent’s address in the foreign country.
The country is one of those which has made arrangements with Singapore on maintenance matters.

These countries are listed in the Maintenance Orders (Facilities for Enforcement) Act (Cap 168) and the Maintenance Orders (Reciprocal Enforcement) Act (Cap 169).

If you meet these conditions, you may file a Magistrate’s Complaint in the same way that you would if the respondent lived in Singapore.

If you are applying to enforce an existing maintenance order, you must bring a copy of that order when you come to the Family Court to file your Magistrate’s Complaint. After your Complaint is filed, the Court will send the necessary papers to the authorities in the respondent’s country for enforcement.

If you are applying for maintenance for the first time, you will be given a Court date to attend before a Magistrate or District Judge in open court. You must bring:

Your Marriage Certificate, or the children’s Birth Certificates, if you are applying for their maintenance.
Information on the respondent’s residential address in the foreign country.
A photograph of the respondent.

You will give sworn or affirmed evidence, and produce any documents in support of the application – such as, for example receipts for expenses incurred by the child, if you are applying for maintenance of a child.

The Magistrate or District Judge may then issue a provisional maintenance order. The provisional maintenance order will be sent to the respondent’s country. The provisional maintenance order must be confirmed before it becomes effective.

The procedures in each receiving country will vary depending on what mechanisms or practices have been put in place by the competent authorities in that particular country. Family Court staff will not be able to advise you on how long the process will take in the receiving country.

Commonly Asked Questions on Maintenance

Who can apply for maintenance?

Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a District Court or a Magistrate’s Court and that Court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance. ¹²

Additionally, the following persons may also apply for an order to grant maintenance from either the District Court or a Magistrate’s Court, namely:

Any person who is a guardian or has the actual custody of the child.
Where the child has attained the age of 21 years, by the child himself.
Where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years, or
Any person appointed by the Minister ¹³.

Do I have to maintain my child if the Court has granted care and control to the other parent?

Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children. ¹⁴

What factors does the Court consider in making a maintenance order?

Below are the following factors which the court will take into consideration in deciding whether to make an order for maintenance or not, namely:

the financial needs of the wife or child;
the income, earning capacity (if any), property and other financial resources of the wife or child;
any physical or mental disability of the wife or child;
the age of each party to the marriage and the duration of the marriage;
the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;
the standard of living enjoyed by the wife or child before the husband or parentneglected or refused to provide reasonable maintenance for the wife or child;
in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained; and
the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it. ¹⁵

Can I withhold access if the other parent has not been paying child maintenance?

No. The Court considers maintenance issues and parenting issues separately. You are still bound by the Court order to allow the other parent to have access to the children even if he or she is not making regular maintenance payments. You similarly can’t withhold maintenance payments if the other parent has denied you access to your child ¹⁶.

However, where a parent is failing to make maintenance payment/s an applicant can apply to court to enforce the maintenance order. In this situation the court may order any of the following, namely:

For every breach of the order by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court.
Sentence him to imprisonment for a term not exceeding one month for each month’s allowance remaining unpaid.
Make a garnishee order in accordance with the rules made under this Act.
Order the person to furnish security against any future default in maintenance payments by means of a bankerʼs guarantee.
If the court considers it in the interests of the parties in the maintenance proceedings or their children to do so, order the person to undergo financial counselling or such other similar or related programme as the court may direct.
Make a community service order requiring the person to perform any unpaid community service for up to 40 hours under the supervision of a community service officer ¹⁷.

How do I represent myself in Court without a lawyer?

If you represent yourself in court without a lawyer’s assistance, you are said to be operating pro se (“for oneself”). The procedures you must follow are the same as those of lawyers, except that you yourself will be responsible for filing and filling out legal forms (e.g. calculations of maintenance needs, collation of evidence).

You can do this online at eLitigation, Singapore’s electronic legal filing database, which can be accessed with your Singpass. It offers lawyers and court users a single access point for commencement and active management of case files throughout the litigation process. The system also provides functionalities and related services that streamline the litigation process, thereby helping to improve efficiency and enhance access to justice. ¹⁸

Do I have to pay maintenance if my spouse did not mention this in the Writ of Divorce?

For a child’s maintenance, the judge can order you to pay for the child at any time either before or after a final judgment for divorce has been granted. ¹⁹ This maintenance order may subsequently be further varied subject to changing circumstances (e.g. needs of the child, finances of either parent). ²⁰

For spousal maintenance, however, your spouse will need to apply for maintenance during divorce proceedings themselves, although this does not necessarily restrict itself to the stage of serving you with the writ of divorce. A divorce suit takes place in 2 stages. In the 1^st stage, the courts will decide if the marriage will be dissolved. Ancillary matters such as those relating to spousal maintenance will be dealt with at the second stage. ²¹

In cases where a maintenance order is urgently required, an application can be made immediately at the State Courts without having to wait for the divorce hearing in the High Court. The application can be made anytime during the marriage or separation or after the divorce. ²²

What mode of payment should I use to pay maintenance (Cheque? Bank transfer?)

You should check with your ex-spouse and work out a suitable agreement between the both of you. The method you eventually choose should enable you to meet your maintenance responsibilities in a timely and consistent fashion. Such details would be included in the maintenance order handed down from the Judge. ²³

Is it possible to pay maintenance solely to my child and not to my ex-spouse?

If your child is under 21, it is unlikely that the court will allow maintenance payments to be paid directly to him/her. If your child is legally an adult, you may seek a variation of your child maintenance orders (e.g. to pay schooling fees directly to your child).

If your minor child’s needs are not being met and you are worried about their welfare (e.g. that the money is being misused), you may apply to the Family Court for a variation of maintenance orders. ²⁴

Will the fact that I have outstanding loans/debt affect the amount of maintenance I have to pay?

The judge will consider the earning and financial capacity of both parties in deciding the amount of maintenance to be paid. ²⁵ However, maintenance orders may be varied in the future subject to changing circumstances (e.g. repayment of debts, change of job). ²⁶

Can I defer maintenance payments until I finish my studies and get a job?

Before granting an order of maintenance, a Judge would consider all necessary factors, such as age, occupation and financial capacity of the parties. ²⁷ The order of maintenance when effective would mean that the party would be obliged to make the payments immediately.

Do I still have to pay child maintenance if my ex-spouse passes away and our child lives with my ex-spouse’s relatives?

It is the individual responsibility of each parent to maintain and contribute to the maintenance of his/her children. ²⁸ Therefore, even where one of the parents passes away, the obligation to maintain the child will still rest with the parent which is still alive.

Additionally, for example, where a maintenance order was previously granted which stated that the parent had to make payments to the other parent of the child, who has since passed away; a fresh application for maintenance could be made by any of the following persons for the child, namely:

any person who is a guardian or has the actual custody of the child;
where the child has attained the age of 21 years, by the child himself;
where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years; or
any person appointed by the Minister. ²⁹

How can I prove that I have been paying maintenance?

A court has the power to make an attachment of earnings order in connection with the payment of maintenance. ³⁰ This will require the employer to directly pay the wife/child a specified sum out of the earnings of his/her employee. In such cases, it would be important for the employer to keep a record of such payments being made.

In other situations, for example, if a person ordered to pay maintenance is self-employed, he/she should keep personal receipts and records of any payments which have been made.

What would be a reasonable amount of maintenance to request?

What would be considered a reasonable amount of maintenance differs from case to case depending on the outcome of the court based upon its investigation of the factors of each party. ³¹

Can I request a lump maintenance sum?

A court, when granting a maintenance order, may either require a person to make periodical payments or a lump sum payment, which may be required to be secured. ³²

Can I nominate a third party’s bank account for my maintenance to be paid into?

When the court makes a maintenance order it will usually specify:

The full amount of the maintenance to be paid and how much is to be paid for the spouse/civil partner and how much for each child
The frequency of payments – weekly, fortnightly or monthly
The date on which the first payment is to be made
To whom payments are to be made
Method of payment

If there are special circumstances verifiable by evidence, you may request that maintenance be paid into a third party’s bank account in the court order for maintenance. Alternatively, if this is not specified by the court, you should check with your ex-spouse if he would agree to such an arrangement and subsequently confirm the agreement in written form to provide evidence of such a variation.

Can I claim maintenance from an ex-boyfriend?

Only a married woman can claim maintenance from her husband. However, if the ex-boyfriend is the parent to your child then an application can be made for maintenance of the child. ³³

Can I claim maintenance from a partner who is in jail?

Yes. As stated above, in deciding on the exact amount of maintenance to be paid a judge would take various factors into accounts, such as, the financial capacity of the individuals. ³⁴

Can I compel my ex-spouse to pay maintenance in advance if he is about to emigrate?

Such a matter would likely be considered by a court when you present your evidence.

How do I obtain a court record of arrears in maintenance?

A record of arrears in maintenance can only be provided by yourself. The Family Court can however, enforce a recovery of arrears for up to 3 years of maintenance before the filing of the enforcement application, if evidence of any arrears you furnish is adequate. Note that any arrears in excess of 3 years cannot be recovered unless the Court, under special circumstances, otherwise allows. ³⁵

Can my ex-spouse remarry if he owes me outstanding maintenance payments?

Yes. However, if the ex-spouse at any time refuses or neglects to make payments as provided under the maintenance order, the aggrieved party may seek the assistance of a court to initiate enforcement proceedings of the maintenance order. ³⁶

Will I able to gain sole custody of our child if my ex-spouse fails to meet his maintenance obligations?

No.

The Court considers maintenance issues and parenting issues separately. You are still bound by the Court order to allow the other parent to have access to the children even if he or she is not making regular maintenance payments. You may wish to apply to Court to enforce the maintenance order against the other parent. The Court can impose a fine or jail term if your ex-spouse is persistently in arrears of maintenance. ³⁷

Can I enforce a maintenance order made overseas?

There is a list of countries provided under Singapore law, whose orders for maintenance can be enforced in a Singapore court. ³⁸ Countries included in the list are:

The United Kingdom;
New Zealand;
Hong Kong;
China;
Province of Manitoba, and;
Australia.

Can maintenance be claimed for education fees?

Yes.

The general rule is the maintenance is not required to be paid once a child has reached the age of 21. However, a court may order for maintenance payments to continue to be paid after the child has reached 21 where the child is or will be receiving an education. ³⁹

As a child, how do I file a maintenance claim?

Where the child is below the age of 21, the following persons are eligible to make an application for an order of maintenance on his/her behalf, namely:

Any person who is a guardian or has the actual custody of the child:

Where the child has attained the age of 21 years, by the child himself
Where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years, or
Any person appointed by the Minister ⁴⁰

Division of Matrimonial Property ⁴¹

Originating Summons case flow for division of matrimonial property
How your case may progress through the Family Court:

APPLY for division of matrimonial property by filing an Originating Summons and related papers
First day at Court - Pre-Trial Conference in Chambers
- 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 hearing of the Originating Summons. If it might be possible to reach an amicable settlement of the matter, the Deputy Registrar will refer the parties for counseling, a Resolution Conference, or a Joint Conference.
Your next most likely Court date - either:
- COUNSELLING - with a professional Court counsellor to help both parties resolve their differences over the emotional aspects of the divorce, or;
- RESOLUTION CONFERENCE - with a Family Court Judge to help both parties resolve their differences over the legal aspects of the divorce, or;
- JOINT CONFERENCE - with a Family Court Judge and a professional Court counsellor to help with both the emotional and legal aspects of the dispute.
If there is a settlement - Consent Originating Summons Hearing before a District Judge in Chambers

If there is no settlement - Pre-Trial Conference in Chambers, followed by Hearing of Originating Summons before a District Judge in Chambers

Proceedings For Division of Matrimonial Property

Starting proceedings

To start proceedings for the division of matrimonial property, you must file the following documents in Court:

Originating Summons
Affidavit in support of the Originating Summons

The person filing the Originating Summons is the Plaintiff. The person against whom you are filing the Originating Summons is the Defendant.

You may refer to the Affidavits Fact Sheet for more information on how to prepare and file an affidavit. However, if you are not sure what to say, or need help preparing your affidavit, you should seek independent legal advice immediately.

If you are making your application under s 17A(2)(c) of the Supreme Court of Judicature Act, you must also file the following documents with your Originating Summons:

A Syariah Court commencement certificate; or
The parties’ written consent to the commencement of proceedings in the Family Court, and a Syariah Court certificate of attendance; and
If there is an HDB matrimonial asset to be divided, an Agreed or Proposed Matrimonial Property Plan.

You will need to pay the appropriate filing fees for all documents filed in Court.

Service

If your documents are in order, the Family Registry will accept your documents for filing. Copies of your documents with the Court seal on them (the sealed copies) will be returned to you. Serve the sealed copies on the defendant. This is to alert him or her that you have started these 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 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

Your first Court date

Your first Court date is likely to be a Pre-Trial Conference before a Deputy Registrar of the Family Court. Both you and the Defendant will be notified of the Court date by letter.

A Pre-Trial Conference is conducted in chambers—meaning that the hearing is closed to the public, and only those directly involved in the matter can attend. You or the Defendant do not have to attend a Pre-Trial Conference if both of you have a lawyer.

If there is a possibility for amicable resolution, the Deputy Registrar may refer the case for a resolution conference at the Family Relations Chambers.

Further information on Pre-Trial Conferences may be found at paragraphs 89 and 111 of the Practice Directions.

Originating Summons hearing

If an amicable resolution of your dispute is reached after a resolution, a consent order may be recorded before a District Judge in chambers. This formally ends the Court proceedings. If amicable resolution is not possible, the Originating Summons will proceed for hearing before a District Judge in chambers. The District Judge will make his or her decision on the affidavits that have been filed in Court. It is not necessary for you or the Defendant to give oral evidence before the District Judge.

After hearing both sides, the District Judge will rule on your application, and make the necessary orders. This formally ends the Court proceedings.

Appeals

If you are not satisfied with the District Judge’s order, you may appeal to a Judge of the High Court. If you wish to appeal, you must do so by filing a Notice of Appeal) in the Civil Registry of the State Courts. The Notice must be issued within 14 days of the District Judge’s order. You must then serve the Notice on the other party within 7 days of it being issued. You may wish to refer to Order 55C of the Rules of Court for further details.

Commonly Asked Questions on Division of Matrimonial Property

Can I keep our HDB flat after the divorce?

That depends. If the HDB flat is a matrimonial asset, the Court can make an order for division of this matrimonial asset. ⁴²

It is very important that you check with HDB that you are eligible to retain the flat. ⁴³ You must do this before the ancillary matters hearing, because the Court will not be able to give you an answer to this question.

It is also very important that you check on your own financial status to see if you can reimburse the CPF money that your spouse used to buy the flat, and to pay any cash amount that your spouse may ask for in return for the transfer. You may need to make some inquiries with your bank. Again, you must do this before the ancillary matters hearing, because the Court will not be able to help you with financing the transfer. ⁴⁴

If my spouse and I have reached an agreement to sell our (HDB) flat after the divorce, must we refund the CPF money we used to buy the flat to our CPF accounts?

You will both need to refund the money used for the purchase of your home, with interest on those amounts, or such amounts as to be determined by the CPF Board, to your respective CPF accounts. ⁴⁵

You should refer to the CPF Board website for current information on CPF rules, regulations and policies. ⁴⁶

How does the Court decide on our shares of the matrimonial assets?

In making an order for the division of matrimonial assets, the Court will consider all circumstances of the case including the following factors:

The extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets.
Any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage.
The needs of the children (if any) of the marriage.
The extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party.
Any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce.
Any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party.
The giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business.
To the extent relevant, such matters which are considered when the Court determines the amount of any maintenance to be paid by a man to his wife or former wife as set out in section 114(1) of the Women’s Charter of Singapore ⁴⁷.

What is a matrimonial asset?

A matrimonial asset is deemed to be an asset acquired by either party before the marriage which was used by both parties or their children for shelter, transportation, household, educational, recreational, social, aesthetic purposes or was an asset which was substantially improved upon in the marriage by either parties to the marriage.

A matrimonial asset also includes an asset of any nature acquired during the marriage by either party or both parties to the marriage.

However, a matrimonial asset shall not include any asset which was acquired by a party to the marriage by way of gift or inheritance (apart from the matrimonial home) and that has not been substantially improved during the marriage by the other party or by both parties to the marriage. ⁴⁸

What if one or both of us is bankrupt?

When a person is made bankrupt, the Official Assignee will step in to manage all his assets except for the HDB flat ⁴⁹ and CPF money. ⁵⁰

The Court will still divide the matrimonial assets in the same way as in a case where neither spouse is bankrupt. But the Official Assignee may attend the ancillary matters hearing to make representations on behalf of the bankrupt spouse. If you and your spouse have reached an agreement on the division of the matrimonial assets, you will need to obtain the Official Assignee’s approval before the Court will endorse your agreement.

For more information on bankruptcy and the role of the Official Assignee, you may wish to refer to the website of the Insolvency and Public Trustee’s Office. ⁵¹

What happens if my spouse has debts/liabilities? Will that affect the division of matrimonial assets/property?

In deciding on the division of matrimonial assets, the Court will take into consideration various factors including any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage. ⁵²

Therefore, in cases where the debts/liabilities of your spouse are contracted for the joint benefit for both of you, then it will affect the division of matrimonial assets.

Except in such cases, you will not be liable for your spouse’s individual debts/liabilities.

If I transfer my flat as a gift to a family member, will it still be considered as a matrimonial property?

No. If the property is validly transferred to a third party as a gift, such property will no longer constitute matrimonial asset.

However, in deciding on the division of matrimonial assets, the Court will take into consideration various factors including the extent of the contributions made by each party to the welfare of the family. ⁵³ Therefore, if you transfer your flat as a gift to a family member, then it may affect the division of matrimonial assets.

Are there any actions I can take to prevent the sale of the matrimonial property?

The Court may make an order postponing the sale or vesting of any share in any matrimonial asset, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order. ⁵⁴

Regarding the ownership of matrimonial property, the Court will apply general principles of property law to your dispute – in other words, the Court will decide your dispute according to the same principles that apply in property disputes between people who are not married to each other. ⁵⁵

What happens if the matrimonial property still has an outstanding mortgage?

Therefore, in case where the matrimonial property still has an outstanding mortgage, such amount will be taken into account when the court divides the matrimonial assets.

Is it legal for my ex-spouse to withdraw and withhold all the money from our joint account?

It is legal for your ex-spouse to withdraw and withhold all the money from the joint account, as long as such action does not conflict with a court order or an agreement between you and your ex-spouse.

In a joint-alternate account, each of the account holders may perform banking transactions on that account individually. Therefore, one of the holder may withdraw money, write cheques or close the account without consulting the joint holder.

However, even if it is legal to withdraw money, any asset acquired during the marriage by one party or both parties to the marriage will constitute matrimonial asset. ⁵⁷ Therefore, the money withdrawn from the joint account should, in general, constitute matrimonial asset and be subject to the court’s decision on division of matrimonial assets.

How can I regain possessions taken by my ex-spouse?

The Court may make an Order vesting any matrimonial asset or any part thereof in either party. ⁵⁸ Therefore, if the possessions constitute matrimonial assets, you may apply to obtain a Court Order vesting the possessions in you to regain such assets.

What happens if I ignore a Court Order?

If you ignore a Court Order, the Judgment Creditor (opponent) may enforce the Order against you. An Order for the payment of money can be enforced by either Writ of Seizure and Sale or Garnishee proceedings. ⁵⁹

Garnishee proceedings take place where a judgment debtor is owed money from a third party. ⁶⁰

What happens if my ex-spouse wants to sell the matrimonial property and I do not?

If you wish to keep the matrimonial property, you may adjust the division of matrimonial assets by requesting the Court to make an order to vest the matrimonial asset in you or in a third party to be held on trust. If it is better to divide the matrimonial asset, the court may make an order vesting any matrimonial asset owned by both parties jointly in both the parties in common in such shares as the court considers just and equitable. ⁶¹

Can I reclaim a personal loan I made to my ex-spouse after our divorce?

As long as the personal loan agreement meets the requirement of the law of contract, such agreement is valid. ⁶² If the loan is payable, then you may reclaim the loan.

Am I eligible to purchase a HDB flat while I am separated?

Depends on the conditions. According to the website of HDB, requirements regarding family nucleus of a HDB purchaser are as follows:

Scheme	Family Nucleus
Public	You, the applicant, and; • Your spouse, and children (if any) • Your parents, and siblings (if any) • Your children under your legal custody, care and control (for widowed/ divorced)
Fiance/Fiancee	You, the applicant, and your fiance/fiancee
Orphan	You, the applicant, and your unmarried siblings
Single Singapore Citizen	You, the applicant, must be a First-timer and unmarried, divorced or widowed
Non-Citizen Spouse	You, the applicant must be a First-timer, and your spouse who is not a Singapore Citizen or Singapore Permanent Resident
Joint Single Scheme	You, the applicant, and the co-applicants (up to a maximum of 4) must be First-timers and are unmarried, divorced or widowed⁶³

Please note that during separation, although you will still be treated as married under the law, some HDB schemes will treat separated people as “single” provided that you have the legal documents.

Is there a time limit within which matrimonial assets have to be divided?

There is no time limit regarding the application for division of matrimonial assets. However, a judge may decide on a “cut-off date” for determining matrimonial assets depending on the circumstances. In other words, instead of taking a view such as “until the final judgment is made, the “marriage” still exists in law and any assets acquired by any party until then should be regarded as matrimonial assets”, the judge may set the “cut-off date” before the final judgment.

Further, if you wish to appeal against the District Judge’s order, you must do so by filing a Notice of Appeal in the Civil Registry of the State Courts within 14 days of the District Judge’s order.

What happens if a joint-owner of the matrimonial property is a third party?

The share of property owned by that third party must be calculated and exempted when dividing the matrimonial asset.

In general, issues regarding ownership of third party will be discussed during Ancillary Matters Pre-Trial Conference (‘APTC’). APTC is held in divorce cases where an Interim Judgment has already been granted, in order for the court to give the appropriate directions to resolve the ancillary matters in as expeditious a manner as possible. For example, issues that will be discussed include: Are there any matrimonial assets or alleged matrimonial assets which are in the name of a third party, or over which a third party may have a claim? What is the worth of this matrimonial asset? Can all parties agree on what share the third party has in the matrimonial asset? And has the third party been served with the relevant documents in these proceedings?

How do I remove my ex-spouse’s name as an occupier of the HDB flat?

You may delete the names of the existing occupiers from the flat, if the occupiers are no longer staying in the flat.

(1) Eligibility Criteria: You can delete the names of existing occupiers, provided that the deletion of occupiers does not make you ineligible to retain the flat under an eligibility scheme. For example, deletion of the name of an occupier may mean that there is no longer a family nucleus; therefore, the flat owner cannot retain the flat under the eligibility scheme.

(2) Application Procedure: If you wish to delete the names of existing flat occupiers, you can submit your application, (a) online, through My HDBPage; HDB Branch will process the application and inform the flat owners of the outcome; or (b) if you do not have Internet access at home, you may visit HDB Branch, where you can submit your application via the Internet Personal Computer at the public waiting area.

If you are not familiar with the Internet Personal Computer and need assistance, Customer Service Officers will assist you. ⁶⁴

Policies - Retention of Flat Ownership

After taking possession of an HDB flat, the family structure may change. As such, existing flat owner(s) can apply to retain the flat subject to the HDB eligibility conditions. The common changes to the family structures are:

Annulment of Marriage / Break-up of Fiancé & Fiancée Relationship
Divorce
Separation
Others: Demise of Joint Owner; Demise of Sole Owner / Tenant-in-Common; Loss of Citizenship; Married Child Moving Out

Annulment of Marriage / Breakup of Fiancé & Fiancée Scheme

If a divorce is due to the non-consummation of marriage, annulment of marriage, or there is a break-up of the Fiancé / Fiancée relationship, neither party is allowed to retain the HDB flat. Retention of the flat by either party is only allowed with parents who were originally listed in the application to buy the HDB flat. If none of the owners is eligible to retain the flat, the owners may have to return the flat to HDB at the prevailing compensation price, subject to HDB’s approval.

HDB flat owners who are seeking an annulment of marriage should request his / her private solicitor handling the divorce or annulment to submit either an “Agreed Matrimonial Property” Plan or “Standard Query” Form to the HDB Branch Office managing the matrimonial flat for an assessment of his / her eligibility to retain the flat.

Divorce

Under the HDB’s prevailing policy for divorce (not due to non-consummation of marriage or annulment or break-up of Fiancé / Fiancée relationship), a divorced party who has the custody of the child (including care and control) is allowed to retain the flat subject to the eligibility conditions.

If there are no children from the marriage, the divorced party may also retain the flat alone under the Single Singapore Citizen (SSC) Scheme if:

He / she is a Singapore citizen
He/she is least 35 years old and above

(c) The matrimonial flat must be a resale flat purchased from the open market without the CPF Housing Grant for Family

If the matrimonial flat is bought directly from HDB (including resale flats bought with the CPF Housing Grant for Family), the 5-year minimum occupation period (MOP) must be satisfied before the divorced party is allowed to take over the flat under the SSC Scheme.

Alternatively, the divorced party may include another person to retain the flat, subject to the prevailing eligibility criteria and eligibility scheme regardless of the occupation period.

Resale of Matrimonial Flat

If the divorced owners wish to resell their flat in the open market, they must have completed the MOP for the matrimonial flat as at the date of divorce. If the divorce is within the MOP and none of the owners is eligible to retain the flat, the owners may have to return the flat to HDB, subject to HDB’s approval. The compensation for the return of flat will be determined by HDB.

Eligibility to sell a HDB Flat (if it is the Matrimonial Flat)

HDB policies that all sellers should be aware of regarding their “eligibility to sell”:

Ethnic Group Policy: the ethnic group of your buyer have not reached the prescribed limits under the Ethnic Integration Policy (EIP)
If the resale flat is purchased by a Singapore Permanent Resident (SPR) family, the family must meet the SPR quota (the SPR proportion in the block or neighbourhood) in addition to the EIP

HDB flat owners must have physically occupied their flats for a period of time, referred to as MOP, before they are eligible to sell it on the open market. Flat owners can request for a written confirmation by submitting an on-line request form

The MOP is calculated from the date the owner collects the keys to the flat. It excudes any period that the flat is not occupied by flat owners, such as when the whole flat is rented out or when there is any infringement of the flat lease.

The length of MOP depends on the purchase mode, the flat type and the date of the flat application:

Purchase Mode	MOP
Flat bought from HDB	5 years
DBSS flat bought from a developer	5 years
Flat bought under the Selective en bloc Redevelopment Scheme (SERS)	The earlier of: 5 years OR 7 years from date of selection of replacement flat
Flat bought under the SERS with portable SERS re-housing benefits	5 years
Resale Flat bought from the open market with CPF Housing Grant	5 years
Resale Flat bought from the open market without CPF Housing Grant	See table below

Resale Flat bought from the open market without CPF Housing Grant

Flat size	Date of Application	MOP
1-room flat	N/A	1 year
2-room or bigger flat	On or after 30 August 2010	5 years
2-room or bigger flat	Between 5 March – 29 August 2010	3 years
2-room or bigger flat	Before 5 March 2010	2.5 years if HDB loan taken OR 1 year if HDB loan not taken

Flat owners may submit an e-Request on Confirmation on the Computation of Requisite Occupation Period for the purpose of resale.

Ethnic Integration Policy (EIP)

Flat owners must ensure your buyers meet the EIP.

The EIP is to promote racial integration and harmony and to prevent the formation of racial enclaves, by ensuring a balanced ethnic mix among the various ethnic communities living in public housing estates.

The EIP is applicable to the purchase of new flats, resale flats, SERS (Selective En-bloc Redevelopment Scheme) replacement flats and DBSS (Design, Build & Sell Scheme) flats as well as the allocation of rental flats in all HDB estates.

Under the Policy:

Maximum proportions are set for all ethnic groups: Chinese, Malays and Indian/Others, in each HDB block and neighbourhood. There is no restriction on the sale and purchase of an HDB flat if the proportion of the buyer’s ethnic group is within the prescribed block and neighbourhood limits.
Once the block/neighbourhood limit for a particular ethnic group has been reached, no further sale of HDB flats to that ethnic group will be allowed.
There is no restriction if the buyer and seller are of the same ethnic group.

Singapore Permanent Resident (SPR) Quota

The SPR quota ensures that SPR families can integrate into the local community for social cohesion and to prevent enclaves from forming in the public housing estates. SPR families buying a resale flat have to meet the SPR quota (the SPR proportion in the block or neighbourhood). This is ascertained in addition to the EIP.

The quota will only apply to non-Malaysian SPR households. Malaysians are not included because of close historical and cultural links to Singapore.

A non-Malaysian SPR household is one with no Singapore Citizen or Malaysian-SPR buyers, ie. where all flat buyers are non-Malaysian SPRs. A non-Malaysian SPR household buyer must satisfy both the ethnic proportion limit and SPR Quota to qualify to buy a resale HDB flat.

Checklist for Buyers/Sellers:

You may check the eligibility of buyer’s ethnic group and SPR Quota eligibility in any particular block using the following channels:

e-Service in HDB InfoWEB: Enquiry on Ethnic Group Eligibility
HDB Home-Link (24 hours): 1800-8663060
Sale/Resale Customer Service Line (office hours): 1800-8663066

The status of changes of ethnic proportions is updated on the first day of every month and is applicable for resale applications submitted to HDB in the current month.

What happens to my CPF when I divorce?

If you have used your CPF savings to purchase your property, a charge is created to ensure that a refund is made to your CPF account when you dispose of your property. Note that you will need to refund the principal CPF amount withdrawn for the property, including the accrued interest, to your CPF account when you sell or transfer the property. Otherwise, the charge on the property remains and you will not be able to complete the transaction.

If you are 55 years old and above when you sell your property, the CPF refunds will be used to top up your Retirement Account up to your cohort Minimum Sum and your Medisave Account up to the current Medisave Minimum Sum. Any excess housing refunds will be paid to you within 5 working days from the date the refund is credited to your CPF account.

Disposal of Matrimonial Property and CPF Refunds

If the Matrimonial Home is an HDB Flat

Upon your divorce, you can choose to dispose of your flat in the following ways:

Transfer your share to your ex-spouse
Sell your share to your ex-spouse
Sell your flat on the open market

You will first need to check with HDB if you are eligible to transfer or sell your flat. This can be carried out on the HDB website.

In the case of a sale (to your ex-spouse or on the open market), you do not need to make a full CPF refund if the selling price is not enough for you to do so. This is provided the flat is sold at or above market value.

Since 1 October 2007, the Court has been given greater flexibility to order the transfer of the property to the ex-spouse with no or a partial CPF refund. When the property is subsequently sold, the CPF amount not refunded at the time of transfer and the amount withdrawn by the ex-spouse for the flat, including accrued interest, would have to be refunded to the ex-spouse’s CPF Account.

Conditions for transfer with partial or no CPF refund

The ex-spouse must be a Singaporean or Singapore Permanent Resident.

b) Loans or grants taken by the member which are repayable or refundable to the Government must be repaid or refunded first before the transfer can take place. Grants include housing grants from HDB and HOPE (Home Ownership Plus Education) grants from the Ministry of Social and Family Development (MSF).

Rules for CPF Refund

Upon sale of the transferred property, the ex-spouse will be required to refund the member’s principal CPF used, plus the accrued interest, computed at the point of transfer to the ex-spouse, that was not refunded, plus his/her own principal CPF used plus the accrued interest, regardless of the ex-spouse’s age.

If the ex-spouse is 55 years old and above, the CPF refunds will be used to top up his/her Retirement Account up to his/her cohort Minimum Sum and Medisave Account up to the current Medisave Minimum Sum. Any balance housing refunds will be paid to him/her thereafter.

If the Matrimonial Home is Private Property

Upon your divorce, you can choose to:

Transfer your share to your ex-spouse.
Sell your share to your ex-spouse.
Sell the property on the open market.
Retain your respective shares in the property.

In the case of a sale (to your ex-spouse or on the open market), you do not need to make a full CPF refund if the selling price is not enough for you to do so. This is provided the property is sold at fair market value.

More details on the amount to be refunded if you sell your share of your property to your ex-spouse, or if you and your ex-spouse are selling the property on the open market can be found on the CPF website.

Distribution of CPF Savings In Matrimonial Proceedings ⁶⁷

Can a member transfer his/her share in the property to his/her ex-spouse?

Prior 1 October 2007, a member could only transfer his/her share in the matrimonial property to the ex-spouse after the required CPF refund had been returned. In instances where the member or ex-spouse did not have sufficient funds to effect the required CPF refund, the transfer of the property could take place.

The CPF laws were changed on 1 October 2007 to give the Court the flexibility to order the transfer of the member’s share in the property to the ex-spouse with no or partial CPF refund. The CPF not refunded at the time of transfer will be treated as having been withdrawn by the ex-spouse, who will then be required to make the necessary refund to her own account when she subsequently sells the property.

Can you show me an example of the CPF transfer?

Example:

The Court has ordered the member transfers to his share of the property to the ex-spouse without any CPF refund to member’s account.

The member is below 55 and had used $100,000 from his CPF savings, inclusive of accrued interest. The ex-spouse had used $20,000 from her CPF savings, inclusive of accrued interest.

A) At the point of transfer of the member’s share of the property to the ex-spouse: The member transfers his share of the property to the ex-spouse without the need for any refunds to be made to his CPF account(s).

B) At the point of ex-spouse relinquishing her interest in the property: The ex-spouse refunds her CPF principal amount used and the member’s portion of CPF monies withdrawn including interest to her CPF Account. ($100,000 plus $20,000 plus accrued interest. Interest on $100,000 and $20,000 will be accruing from the time of transfer to time of sale.)

What are the member’s obligations after the Court Order is issued, before and following the transfer?

The member has to take the necessary steps and execute the necessary legal documents to transfer his/her share in the property to his/her ex-spouse. Upon the transfer of the property, the member has to refund the sum as ordered by the court.

Also, loans or grants taken by the member which are repayable or refundable to the Government must be repaid or refunded first before the transfer can take place. Grants include housing grants from HDB and HOPE (Home Ownership Plus Education) from MFS.

What are the ex-spouse’s obligations following the transfer?

If the court so orders, the ex-spouse has to refund the sum (amount decided by the court) to the member’s CPF account upon transfer. The court may also order no refunds to the member upon transfer.

Upon the eventual disposal of the flat, the ex-spouse would be required to refund his/hers and the member’s portion of CPF monies withdrawn including interest to his/her own CPF Account.

RELATED ADMINISTRATIVE ISSUES

I’ve got my Court Order. What do I do next?

Either your lawyers or yourself (if you are acting in person) are advised to serve the Court Order on the CPF Board. All Court Orders relating to matrimonial proceedings which involve actions to be taken by CPF Board are to be served personally at the Retirement Schemes Department, Applications Section at 79 Robinson Road CPF Building Singapore 068897.

My divorce is settled and an order on division of matrimonial assets was granted before 1 October 2007. Can I send the order to CPF Board? Can I vary the order to benefit from the new CPF laws?

Yes, you can send the order to CPF Board. CPF Board would effect the order as directed but it would follow the law before 1 October 2007.

You may apply to the court to vary the order but it is up to the court to decide if existing Court Orders can be amended to benefit from the new CPF rules. Please seek your own legal advice on this.

After the transfer has been done, I reached a different agreement with my ex-spouse. Can we undo the transfer?

The CPF Board has no power under CPF laws to reverse the transfer after the CPF Board has affected the Court Order which directs such a transfer. Please seek your own legal advice on this.

Can the courts order the sale of the member’s share of the matrimonial property to the ex-spouse without any CPF refund?

No.

Upon sale of the member’s share of the matrimonial property to the ex-spouse, the required CPF refund has to be first returned to the member’s CPF Account. The court can then order the transfer of the refunded CPF monies from the member’s CPF Account to the ex-spouse’s CPF Account if it so wishes.

Distribution of CPF Investment Scheme (Cpfis) Investments In Matrimonial Proceedings

I am required to give some of my CPFIS investments to my ex-spouse as specified in the Court Order. What should I do after receiving the Court Order?

If the Court Order involves the division of your CPF assets, you or the lawyer representing you should serve the Court Order personally on CPF Board at the Retirement Schemes Department, Applications Section at 79 Robinson Road CPF Building Singapore 068897

You should also proceed to execute the transfer/liquidation of your investments in accordance with the Court Order. Please refer to the CPF website (http://mycpf.cpf.gov.sg/) for a step-by-step guide on how a transfer/sale of CPFIS investments is effected from you to your ex-spouse.

What are the options available to my ex-spouse in the division of my CPFIS investments as part of the divorce proceedings?

If your ex-spouse is a CPF member who is a Singaporean or Permanent Resident (PR), he/she can request the Court to make an order for CPF Transfer or Charging Order.

CPF Transfer

A CPF transfer involves the Court ordering:

An immediate transfer of your investments to your ex-spouse; or

ii) Your investments to be liquidated and the sale proceeds to be transferred to your ex-spouse.

Charging Order

The Court can order a charge to be placed on your investment sale proceeds. This entitles your ex-spouse to withdraw the sale proceeds in cash only when you turn 55 years old or when you are entitled to withdraw your CPF savings earlier on other grounds after you have set aside the CPF Minimum Sum and Medisave Minimum Sum applicable to you.

If your ex-spouse is a foreigner (ie. not a Singaporean or a PR), he/she can only request the Court to make a Charging Order. Your ex-spouse will be able to withdraw the sales proceeds in cash when you turn 55 years old or when you are entitled to withdraw your CPF monies earlier on other grounds. You will not need to set aside the CPF Minimum Sum and Medisave Minimum Sum applicable to you for your ex-spouse to get his/her entitlement. This is a concession to foreign ex-spouses to ensure equitable treatment as they do not have immediate access to their entitlement until you turn 55 years old.

What are the criteria to be fulfilled by my ex-spouse before my investments could be transferred to him/her? What are the options available to my ex-spouse who could not fulfill the criteria?

Before your investments could be transferred to your ex-spouse, he/she must be a CPF member who is Singaporean or a PR and 21 years old and above. If your ex-spouse is below 21 years old, he/she could consider requesting the Court to order your investments to be liquidated and the sale proceeds to be transferred to his/her CPF accounts.

What are the obligations that my ex-spouse assumes when my investments are transferred to him or her?

When your investments are transferred to your ex-spouse, he/she will be subjected to the CPFIS rules (e.g. investments are subject to stock/gold limits, types of investments CPF savings could be used) so as to ensure his/her own retirement adequacy.

If your ex-spouse sells the transferred investments, the sale proceeds will be credited to his/her Ordinary and/or Special Accounts, where applicable. The amount will be subject to CPF rules and can only be withdrawn when he/she meets the withdrawal conditions under Section 15 of the CPF Act.

Your ex-spouse will have to pay bank charges for the transferred investments that he/she continues to hold in his/her Investment Account. Such charges can be paid using his/her Ordinary Account savings.

Why do I have to effect the transfer/sale of investments? What happens if I do not come forward to effect the transfer/sale of investments?

You are solely responsible for presenting the Court Order and/or completing the necessary forms at the relevant financial intermediaries to effect the transfer/sale of investments because the financial intermediaries require authorisation and instruction from the owner, i.e. you.

If you do not sign the transfer form, your ex-spouse may apply to the Court for the Registrar of Court to sign the transfer form on your behalf. Your ex-spouse will need to furnish the required information (eg, Divorce Petition number, both of your names, contact numbers, CPF account numbers, Investment Account numbers, names of agent banks, name of your investments, name of financial intermediaries, etc) to complete the transfer form.

If you do not sell the investments as ordered, and the investments are such that they cannot be sold without instruction being given personally by you (as required by the financial intermediaries), your ex-spouse may request for the Court Order to be varied to transfer your investments to him/her instead. As this depends on the nature of the investments, your ex-spouse should make the necessary enquiries with the financial intermediaries concerned before obtaining the appropriate order.

Who should bear the costs incurred for such transfer/sale? Can CPF savings be used to pay such costs?

You bear all costs unless otherwise stated in the Court Order. You may use cash, CPF savings or sale proceeds to pay agent banks and product providers to process the transfer or sale.

Which investments can be transferred? Which investments have to be liquidated for proceeds to be transferred? Which financial intermediaries to approach for transfer/liquidation of investments?

Please refer to the step-by-step guide on the CPF website for more details (http://mycpf.cpf.gov.sg/).

Can the cash balance in my Investment Account be transferred?

Yes, cash balances in your Investment Account can be transferred but you have to initiate the transfer of cash balance from your Investment Account to your Ordinary Account first before CPF Board can transfer the balance to your ex-spouse’s Ordinary Account.

What happens if I pass away before the order is effected?

Your Estate will effect the transfer or sale of investments on your behalf as set out in the Court Order. Your ex-spouse is advised to consult his/her lawyer on how to complete the transfer. Such matrimonial assets belonging to your ex-spouse under the Court Order will not be subject to estate duty payable by your Estate.

The following section on Divorce Case Flow, taken from The State Courts’ website, is based on information last updated on 12 May 2014 ↩
Ibid s 94(2) ↩
Ibid s 94(3) ↩
Ibid s 112(2)(e)(Cap 353) ↩
Ibid s 121(f) (Cap 353) ↩
s 494 of the Penal Code ↩
Last updated on 25 August 2014 at http://app.minlaw.gov.sg/lab/default.asp ↩
Section is based on information last updated on 8 March 2014 from The State Courts’ website ↩
Last updated on 2 June 2014 on The State Courts’ website ↩
Reports in Custody and Access Disputes — When, Why and What Are They? http://www.lawgazette.com.sg/2004-4/April04-col.htm, last accessed on 3 September 2014 ↩
Following section is based on information last updated on 26 September 2012 from The State Courts’ website ↩
The Women’s Charter s 69(1)(Cap 353) ↩
Ibid s 69(3)(Cap 353) ↩
The Women’s Charter s 68(Cap 353) ↩
Ibid s 69(4)(a) to (h)(Cap 353) ↩
Ibid s 71 (Cap 353) ↩
The Women’s Charter s 71(1)(a) to (f) (Cap 353) ↩
Please refer to https://www.elitigation.sg ↩
The Women’s Charter s 123 (Cap 353) ↩
Ibid s 72 (Cap 353) ↩
Ibid s 112 (Cap 353) ↩
Please see guide on application procedure on: https://www.familyjusticecourts.gov.sg/TBD/Pages/How-to-Apply-for-Maintenance.aspx ↩
Ibid ↩
The Woman’s Charter ss 72 and 118, respectively (Cap 353) ↩
Ibid ss 69 and 114, respectively (Cap 353) ↩
Ibid ss 72 and 118, respectively (Cap 353) ↩
Ibid ↩
Ibid s 68 (Cap 353) ↩
Ibid s 69 (Cap 353) ↩
The Women’s Charter s 81 (Cap 353) ↩
Ibid ss 69 and 114 (Cap 353) ↩
Ibid ss 69 and 115 (Cap 353) ↩
The Women’s Charter s 69 (Cap 353) ↩
Ibid ↩
Ibid s 121 (Cap 353) ↩
Ibid s 71 and Part IX (Cap 353) ↩
Ibid ↩
Maintenance Orders (Reciprocal Enforcement) Act (Cap 169) ↩
The Woman’s Charter s 69(5)(c) (Cap 353) ↩
Ibid s 69(3)(a) to (d) ↩
Following section is based on information last updated on 7 April 2014 from The State Courts’ website ↩
The Women’s Charter s 112 (Cap 353) ↩
http://www.hdb.gov.sg/fi10/fi10326p.nsf/w/ChgOwnerDivorce?OpenDocument ↩
http://mycpf.cpf.gov.sg/CPF/my-cpf/buy-house/BH11.htm ↩
http://mycpf.cpf.gov.sg/CPF/my-cpf/buy-house/BH11.htm ↩
http://mycpf.cpf.gov.sg/Members/Gen-Info/mbr-Gen-info.htm ↩
The Women’s Charter s 112(2)(a) to (h) (Cap 353) ↩
Ibid s 112(10)(a) and (b) (Cap 353) ↩
Housing and Development Act s 51(5) (Cap 129) ↩
Central Provident Fund Act s 24(2)(c)(1) (Cap 36) ↩
http://www.ipto.gov.sg/content/ipto/en.html ↩
The Women’s Charter s 112(2)(b) (Cap 353) ↩
Ibid s 112(2)(a) (Cap 353) ↩
Ibid s 112(5)(e) (Cap 353) ↩
Ibid s 59 (Cap 353) ↩
The Women’s Charter s 112(2)(b) (Cap 353) ↩
Ibid s 112(10) (Cap 353) ↩
Ibid s 112(5)(c) (Cap 353) ↩
Rules of the Supreme Court, order 46 ↩
[Subordinate] Courts Practice Pamphlets – Garnishee Proceedings (1999) ↩
The Women’s Charter s 112(2) (Cap 353) ↩
Please refer to http://www.singaporelaw.sg/sglaw/laws-of-singapore/commercial-law/chapter-8 ↩
Please refer to http://www.hdb.gov.sg/fi10/fi10321p.nsf/w/BuyingNewFlatEligibilitytobuynewHDBflat?OpenDocument ↩
Please also refer to: http://www.hdb.gov.sg/fi10/fi10326p.nsf/w/ChgOwnerRemoveOccupier?OpenDocument ↩
The following section is based on information from the Housing and Development Board website and the information is accurate as of 27 August 2014 ↩
Based on information from the Central Provident Fund Board website last updated on 3 January 2014 ↩
Last updated on 3 January 2014 ↩

Family Law

Family Court

Courses of action open to applicants

Divorce

Preliminary considerations

Parties in a Divorce Petition

Brief Outline of Divorce Procedure

Divorce Case Flow 1

First Stage

Second Stage

Divorce Proceedings at Court

FIRST STAGE OF DIVORCE CASE

1. Starting proceedings

2. Service

3. Your first court date

4. Divorce hearing

5. Interim Judgment

SECOND STAGE OF DIVORCE CASE

6. Ancillary matters pre-trial process

7. Ancillary matters hearing

8. Certificate of Making Interim Judgment Final

Muslim Marriages

Nullity

Judicial Separation

Deed of Separation 7

Ancillary Matters Upon Divorce

Custody, Care and Control, and Access 8

Proceedings for Obtaining Custody, Care and Control, and Access

Starting proceedings

Service

Your first Court date

Originating Summons Hearing

Appeals

Commonly Asked Questions on Children’s Issues 9

Maintenance 11

Starting proceedings

Service appointment

Your first Court date

Hearing in open court

Appeals

Respondents residing outside Singapore

Commonly Asked Questions on Maintenance

Division of Matrimonial Property 41

Proceedings For Division of Matrimonial Property

Starting proceedings

Service

Your first Court date

Originating Summons hearing

Appeals

Commonly Asked Questions on Division of Matrimonial Property

HDB-related issues upon Divorce 65

Policies - Retention of Flat Ownership

Annulment of Marriage / Breakup of Fiancé & Fiancée Scheme

Divorce

Resale of Matrimonial Flat

Eligibility to sell a HDB Flat (if it is the Matrimonial Flat)

Ethnic Integration Policy (EIP)

Singapore Permanent Resident (SPR) Quota

Checklist for Buyers/Sellers:

CPF-related issues upon Divorce 66

Disposal of Matrimonial Property and CPF Refunds

Distribution of CPF Savings In Matrimonial Proceedings 67

Distribution of CPF Investment Scheme (Cpfis) Investments In Matrimonial Proceedings

Divorce Case Flow ¹

Deed of Separation ⁷

Custody, Care and Control, and Access ⁸

Commonly Asked Questions on Children’s Issues ⁹

Maintenance ¹¹

Division of Matrimonial Property ⁴¹

HDB-related issues upon Divorce ⁶⁵

CPF-related issues upon Divorce ⁶⁶

Distribution of CPF Savings In Matrimonial Proceedings ⁶⁷