Writ of Divorce Singapore- What should you do if you are served the Writ?

What should you do if you receive a Writ of Divorce Singapore?

Writ of Divorce Singapore

A Writ of Divorce Singapore signifies the commencement of the divorce proceedings. If you receive a Writ of Divorce Singapore and you agree with the terms provided in the “Statement of Claim”, you may wish to inform your spouse’s lawyer. Your spouse’s lawyer will then arrange for you to execute a “Draft Consent Order” signifying your consent to the terms of divorce as proposed by your spouse.

Should you not agree with the terms in the Statement of Claim (which is given to you together with the Writ of Divorce Singapore), the next step would be engage a lawyer. Your divorce lawyer will then file the “Memorandum of Appearance” in Court, indicating your non-consent to the terms of the divorce (or even the divorce itself!).

Things to look out for when you are served the Writ of Divorce Singapore

You should note that the (1) divorce itself and (2) the terms (custody, assets and alimony) are decided separately by the Family Justice Courts.

The first question you have to ask yourself when you receive the Writ of Divorce Singapore is whether you agree with the reasons for the divorce. If you do, the divorce will proceed. If you don’t, you file a Defence (if you want to save the marriage) and a Counterclaim (if you want the divorce to proceed on your reasons).

It is only after the divorce is sorted out, will the Court look at the terms of the divorce.

This is the Singapore system.

As you expect, most of the judges’ time is used towards deciding the terms (custody, assets and alimony). This is the same even in the UK.

See: Owen Bowcott, “Divorce should be separate from money battles, says top judge”, The Guardian, 17 May 2017

We understand that you may have little idea on what to do if you have just received a Writ of Divorce Singapore. Contact us today for a free discussion on the divorce process!