Process Included In Contested & Uncontested Divorce Case
When your marriage concludes to filing a divorce, lots of questions arise. Do you really qualify for the divorce? What is the entitlement? What happens to the children and how the assets will be divided? So, the questions keep coming. Therefore, before filing for a divorce there are certain requirements that should be considered. Only after meeting those requirements you will become eligible to file for a divorce in the Family Justice Courts. The list includes:
MPP – Mandatory Parenting Programme
If a married couple has a child who is below 14 years and there has been no agreement made between them, they need to attend the MPP. This is crucial to establish informed decisions on the child’s marriage with the best interests. The divorce will proceed only if the Ministry of Social and Family Department certifies the attendance.
The Family Justice Court is liable to hear your divorce proceedings only if you or your spouse is a citizen of Singapore or has been domiciled. In the case of a habitual resident, either of you has to spend at least 3 years before filing for a divorce case.
Three years of marriage
The divorce case has no meaning if the disputed marriage is less than three years. In special cases, you need to get permission from the Court to go ahead with the proceedings. A divorce will be granted only if you can satisfy the Family Justice Courts with circumstances of breaking down on one or more facts stated in Section 95(3) of the Women’s Charter.
Papers to be filed
To commence the divorce proceedings in the Family Justice Courts, your divorce lawyers in Singapore will have to file the following papers:
- Statement of claim that specifies the reliable facts for filing a divorce
- Writ for Divorce
- Statement of particulars that provides details of the facts
- Proposed Parenting Plan in the case you have a child who is below 21 years
- Proposed Matrimonial Property Plan
- Acknowledgement of service
- Memorandum of appearance
If no issues are raised from your spouse, the court should be informed to proceed with the hearing on an uncontested basis. The lawyer will filing your case and a date will be fixed for the hearing. The hearing will be heard inside a chamber so that no public members can attend.
Legal proceedings especially if it is a divorce, become difficult to comprehend without a lawyer. Focus on hiring an efficient divorce lawyer who can let things flow in your tide.