In Asia, Singapore has been one of the few countries where divorce rate has risen significantly over the period of 5 years. Where western lifestyle, freedom and cultural overlap have changed it into a cosmopolitan society, Singapore has also shown negative response to important social values, such as marriage. Stats below show the comparison of married men and women in Singapore, to unmarried ones in the year 2010.
What these stats have not shown is, how quickly marriages end up in divorce. In fact there is one divorce in every four marriages. People take divorce because they’re either seeking benefits or a happy life.
But divorce isn’t that simple when you ask your divorce lawyer. If you want to go through the process smoothly, here are few things to consider before and during the process.
A) THINGS TO CONSIDER BEFORE FILING THE WRIT OF DIVORCE
NULLITY OF MARRIAGE OR ANNULMENT
Here, it’s important that you should know when you can file the Writ or Divorce. At the same time, it’s equally important that you have a valid marriage. There are certain conditions when marriages are considered as null and void. Plaintiff may file the Writ of Nullity under following circumstances:
- If defendant has willfully refused to consummate or has an incapacity to consummate the marriage;
- If either party’s consent to marriage was caused by duress, mistake, facts alleged and/or unsoundness of mind.
- Either party’s consent was taken when he/she did not have the capacity with respect to Mental Capacity Act 2008, section 22.
- Either party’s consent was taken when he/she was of unsound mind according to Mental Disorders and Treatment Act.
- Plaintiff was ignorant that the defendant was suffering from communicable venereal disease at the time of marriage.
- When marriage took place, the plaintiff wasn’t aware that the defendant was pregnant.
In above mentioned conditions, Writ of nullity may be filed irrespective of the marriage duration. It means, three-year time period is irrelevant.
B) THINGS TO CONSIDER WHILE FILING THE WRIT OF DIVORCE
ESSENTIAL DOCUMENTS FOR DIVORCE
Divorce process commences with the Writ of Divorce filed by the Plaintiff. Along with the Writ, the Plaintiff also has to file the following:
- Statement of claim,
- Notice of proceedings which also includes the Acknowledgement of Service and/or Memorandum of Appearance
- Statement of particulars
- The Plaintiff is also responsible to file a copy of Proposed Parenting Plan, in case of children of marriage. – OR – If spouses are settled with care arrangement of children, the Plaintiff should add a copy of Agreed Parenting Plan
- Similarly, if HDB flat is included in matrimonial assets and it has been decided as to how the flat should be divided upon divorce, Writ of Divorce shall be accompanied by Proposed Matrimonial Property Plan. In case of agreement from both the parties, the Plaintiff shall include a copy of Agreed Matrimonial Plan.
6 weeks later, the Registrar sends a notice to the involved parties reminding them to file theRequest for Action for Trial. This request should be filed within 2 weeks from the date of receiving the notice. If the request is not filed by the parties within the deadline, the registrar sends the second notice. According to the notice, the parties should attend the status conference.