How to Seek a Divorce
See a lawyer for advice and assistance. You will be advised whether you can file a Writ for divorce. The lawyer will then prepare the necessary legal documents on your behalf.
In a divorce proceeding, the parties may apply for:
maintenance;
custody, care and control of children and access (such as visitation rights); and
other ancillary matters (for example the division of matrimonial assets, including the matrimonial home).
In deciding on the division of matrimonial assets, the Court will take into consideration various factors including:
the extent of contributions made by each party in moneys, property or work towards the acquiring of the assets and non-financial contributions made by parties;
any debts owing by either party which were contracted for this joint benefit; and
the needs of the minor children (if any) of the marriage. Please see article on Custody and Maintenance for more information.
Please take note that you should organise all the documents you have in support of your claim as these will have to be shown to the Court. Documents may well include pay slips, CPF statements, Income Tax assessments and documents relating to the matrimonial home amongst others.
When You are Sued for Divorce
You will be served with the Writ for Divorce together with several other Court documents. You should consult a lawyer if you are unsure as to the implications and procedures.
If you wish to contest the divorce, you should state so in the Memorandum of Appearance sent to you and then file a Defence and in some instance, a Counterclaim. These documents have to be filed in Court and served on the Plaintiff's lawyers.
Even if you do not wish to contest the divorce, you can still dispute the Plaintiff's claims for custody and/or care and control/access, matrimonial assets, maintenance and costs of the proceedings. If the Plaintiff is your husband, you may wish to claim for maintenance as a spouse.
You must comply with the legal procedures and the time limits stipulated. The Writ for Divorce served on you states clearly the procedure, which you have to follow. Please consult a lawyer for assistance.