Originating Application for Divorce
Last updated
Last updated
(1) Case Information
Adding a Case Party
This process is applicable for adding Applicant(s) and Respondent(s).
Fig 1. Indicate whether the party has previously been or is currently involved in Court proceedings in the Family Court or Family Division of the High Court.
If “Yes”, proceed to Figs 2a – 2b.
If “No”, proceed to Fig 3.
Fig 2a. Specify the Case Number and click “Retrieve Parties”.
Fig 2b. System will display all the parties involved in the case. Select the party that you wish to add and click “Add Selected Party”. The party’s details will be imported into the current filling.
Fig 3. Indicate if the party is below 21 years old and/or mentally incapacitated.
If “Yes, the Applicant is below 21 years old”, proceed to Figs 4a-4b(ii).
If “Yes, the Applicant is mentally incapacitated” or “Yes, the Applicant is below 21 years old and mentally incapacitated”, proceed to Figs 5a-5b(ii).
If “None of the above”, proceed to Fig 6.
If “Yes, the Applicant is below 21 years old” is selected
Fig 4a. Specify the litigation representative’s details.
Fig 4b. Indicate if there is a Court order for legal representation.
If “No”, proceed to Fig 4b(i).
If “Yes”, proceed to Fig 4b(ii).
Fig 4b(i). Proceed to:
Fig 4b(i)-1 if you select “the Consent to Act as Litigation Representative”, or
Fig 4b(i)-2 if you select “the Certificate by Solicitor acting for Litigation Representative”.
Fig 4b(i)-1 Provide the case number or a description of the proceedings. State if the litigation representative swears to or affirms the document. Provide details of the date and place that this document was sworn / affirmed. Indicate if interpretation is required and if the document needs to be read audibly to the deponent.
Fig 4b(i)-2 State the reason(s) for your belief (i.e. that the party is below 21 years old or he/she lacks mental capacity). Indicate whether the litigation representative has any adverse interest to the party. Proceed to Fig 6.
Fig 4b(ii). Specify the Court order details.
If “Yes, the applicant is mentally incapacitated” or “Yes, the Applicant is below 21 years old and mentally incapacitated” is selected
Fig 5a. Specify the litigation representative’s details.
Fig 5b. Indicate if there is a Court order for legal representation.
If “No”, proceed to Fig 5b(i).
If “Yes”, proceed to Fig 5b(ii).
Fig 5b(i). Indicate if there is a Mental Capacity Act (MCA) order or Lasting Power of Attorney (LPA) authorising the litigation representative to act on behalf of the party under disability.
If “Yes”, specify the date of MCA order or LPA and file the “Consent to Act as Litigation Representative”. Proceed to Fig 5b(i)-1.
If “No”, you will be required to file the following documents:
“Certificate by Solicitor acting for Litigation Representative” (refer to Fig 5b(i)-2) and
“Consent to Act as Litigation Representative” (refer to Fig 5b(i)-1).
Fig 5b(i)-1 Provide the case number or a description of the proceedings. State if the litigation representative swears to or affirms the document. Provide details of the date and place that this document was sworn / affirmed. Indicate if interpretation is required and if the document needs to be read audibly to the deponent.
Fig 5b(i)-2 State the reason(s) for your belief (ie that the party is below 21 years old and he/she lacks mental capacity). Indicate whether the litigation representative has any adverse interest to the party. Continue to Fig 6.
Fig 5b(ii). Specify the Court order details.
Fig 6. Enter the party’s personal and contact details. The full list of the details required is below:
Type of Entity
Identity Type
Applicant’s Identification No
Country of Issue
Name (as stated in NRIC/Passport)
Gender
File Reference No
Occupation
Education Level
Marital Status before Current Marriage
Birth Information
Race
Date of Birth
Country of Birth
Nationality
Address Type
Local Address
Foreign Address
Legal Aid Certification
Contact Details
Singapore Mobile Number
Singapore Residential Number
Address (in Singapore)
Fig 7. Indicate if party can attend hearings/conference remotely. If not, do specify the reason.
Fig 8. Indicate if interpretation is required. If yes, select the language required. Only available languages provided by Court interpreters can be selected.
Fig 9. Select the appropriate law practice address and solicitor(s).
Adding Marriage Details
Fig 10. Enter the date of solemnisation of marriage. If the date of solemnisation is less than 3 years from the current date, provide the case number in which permission was granted to commence the divorce proceedings.
Fig 11. Select the country of solemnisation. If "Singapore" is not selected as the country of solemnisation, the marriage certificate number field is optional.
If “Singapore” is selected as the country of solemnisation, proceed to:
Fig 11a if the date of solemnisation is after 16 September 1961, or
Fig 11b if the date of solemnisation is before 16 September 1961.
Fig 11a. Specify the marriage certificate number.
Fig 11b. Indicate if you have a marriage certificate number. If yes, specify the marriage certificate number. If no, provide the details of the wedding ceremony.
Fig 12. Choose the appropriate option(s) for the marriage certificate (if applicable).
Adding Jurisdiction Details
This section involves confirmation that the Family Justice Courts of Singapore has the legal power to grant the filed Application.
Fig 13. Indicate the reason(s) Family Justice Courts has the jurisdiction to grant the application.
If “Singapore citizenship” is auto selected, proceed to Fig 13a.
If you select “Habitual Residence”, proceed to Figs 14a - 14b.
If you select “Others”, proceed to Fig 15.
Fig 13a. The system will auto-detect if the Applicant and/or the Respondent are Singapore Citizens. You can edit, if necessary.
Fig 14a. Indicate whether the Applicant and/or Respondent are habitual residents.
Fig 14b. Provide the address(es) of the parties who are habitual residents.
Fig 15. Provide the reason(s) why you believe that the Family Justice Courts of Singapore has the legal power to grant the filed Application.
Adding Child(ren) Details
State the number of living children of the marriage, including those above 21 years old.
Fig 16. State the number of living child(ren) of this marriage.
Fig 17. Indicate if there is a child below the age of 21 who is either (a) born of the marriage or (b) accepted as a child of the marriage.
If “Yes”, proceed to Fig 18.
If “No”, you may proceed to the next section (Proceedings).
Fig 18. Indicate if the party has the required documents.
If the party has either the “Parenting Programme Certificate of attendance” or an exemption note from the Ministry for Social and Family Development, proceed to Fig 20.
If “None of the above” is selected, proceed to Figs 19a – 19b before proceeding to Fig 20.
Fig 19a. If the party would like to apply for the Court's permission to proceed without the party's attendance at the Parenting Programme, specify the reasons and indicate when the party will attend the Programme.
Fig 19b. If the party has already obtained Court's permission to proceed without the party’s attendance at the Parenting Programme, select “Yes”. Specify the case number and the date of order. If not, the party cannot proceed with the filing and may wish to seek legal advice before proceeding to file an Originating Application for Divorce.
Fig 20. Enter the details of each child of the marriage below the age of 21 years. Click on the “Add Child Details” button.
Fig 21. Specify the child’s personal details.
Fig 22. Indicate if there is/are any court order(s) / proceeding(s) relating to this Child. If “Yes” is selected for any of the questions, provide the relevant details for the court order / proceeding, eg. case number, date of order, nature of order etc. Click “Add” when you are done.
To add another child’s details, repeat the steps in Figs 20 – 22.
Proceedings
Fig 23. Indicate if there is any pending / concluded Court proceedings in Singapore or elsewhere relating to the marriage, a child(ren) of the marriage, spousal / child maintenance or a property belonging to either the Applicant or Respondent.
If “Yes”, proceed to Fig 24.
If “No”, proceed to the next section (Divorce).
Fig 24. Click on “Add Proceedings” to include local proceeding(s).
Fig 25. Specify the case number, status of the proceeding and relevant details about the proceeding. Click “Proceed” when you are done.
Fig 26. For overseas proceeding(s), provide the relevant details of the proceeding(s).
Divorce
Fig 27. Select the applicable options for the reason(s) for divorce.
Depending on your selection, proceed to:
Fig 28 if you select “3 Years Separation with consent” or “4 Years Separation”,
Fig 29 if you select “Adultery”,
Fig 30 if you select “Desertion”,
the next section (Ancillary Reliefs) if you select “Mutual Agreement”, or
Fig 31 if you select “Unreasonable Behaviour”.
If “3 Years Separation with consent” or “4 Years Separation” is selected
Fig 28. For the question on the living arrangements during the period of separation, select either parties “resided at the same address but maintained separate households” or parties “resided at different addresses”. Proceed to Figs 28a(i) - 28a(ii).
If during the separation, parties resumed living with each other, select the option “During the separation, Respondent and Applicant resumed living with each other”. Proceed to Fig 28b.
Fig 28a(i). Selecting either option will require you to specify the address(es) accordingly.
Fig 28a(ii). Provide a description of how the parties lived separate lives.
Fig 28b. Click on “Add More” to specify period(s) the parties resumed living together. Provide the total period of time parties resumed living together.
If “Adultery” is selected
Fig 29a. Provide a brief description of the Respondent’s adultery.
Fig 29b. Depending on your selection to the question “Does Applicant know the person with whom the Respondent has committed adultery with?”, proceed to:
the next section (Ancillary Reliefs) if you select “No”, or
Fig 29b(i) if you select “Yes”.
Fig 29b(i). Click “Add” and provide the details of the person. This person will be added as a Co-Respondent and will have to be served with this application.
If “Desertion” is selected
Fig 30a. Provide the desertion date and a description of the desertion.
Fig 30b. If there was a period during the desertion where the parties resumed living with each other, click on “Add More” to specify period. Multiple periods can be added. Provide the total period of time parties resumed living together.
If “Unreasonable Behaviour” is selected
Fig 31a. Provide a description of the unreasonable behaviour.
Fig 31b. Indicate if:
you would like to include a Co-Respondent to the proceeding. If yes, proceed to Fig 31b(i);
a person has been named during the detailing of the unreasonable behaviour, but you do not wish to add them as a Co-Respondent, proceed to Fig 31b(ii).
Fig 31b(i). Click “Add” and provide the details of the person.
Fig 31b(ii). Specify the number of such persons.
Ancillary Reliefs
Fig 32. Select the applicable option(s).
If either of the first 2 options is selected, you may skip ahead to the next section ie Supporting Documents.
If the third option is selected, proceed to Fig 32a.
Fig 32a. Select the ancillary reliefs applicable to the proceeding.
If “Division of the matrimonial assets” is selected, provide information about the asset pool (refer to Fig 34).
If there is/are minor child(ren) of the marriage, the “Maintenance for the child(ren) of the marriage” and “Custody of, care and control of, access to the minor child(ren)” options will automatically be selected.
Fig 33. Indicate if the Applicant and/or Respondent is an undischarged bankrupt. If either party is an undischarged bankrupt, the Official Assignee’s prior approval to any agreement on the ancillary reliefs is to be obtained. If the option “No, the [Applicant or Respondent] is not an undischarged bankrupt” is selected, proceed to Fig 33a.
Fig 33a. Indicate whether there are any bankruptcy proceedings filed against the Applicant and/or Respondent.
Fig 34. Provide the necessary information about the asset pool.
Fig 35. Indicate if both parties agree to attend mediation. This is only applicable if there is/are no minor child(ren) in the application.
Supporting Documents
Fig 37. Select the document that you wish to add. Click “Add”. You may then upload these documents as described in Fig 36. If you would like to add a document that is not listed, you will need to add it as “Other Document”. Indicate the number of such documents. Click on “Add”. Proceed to Fig 37a.
Fig 37a. State the document name. You may then upload these documents as described in Fig 36.
Certification
Fig 38. Confirm all the statements made in this application before proceeding to the next section (Forms).
(2) Forms
Fig 40. You will be presented with an eForm.
Fig 41a. The row of the eForm will be updated with new buttons.
Click the “Finalise Document” button to start the signing process. The “Finalise Document” button will only be enabled after all eforms are confirmed and all documents to be uploaded in Step 2 have been uploaded.
Fig 41b. The row of the eForm will be updated with new buttons if the document requires a signature. You may choose either digital signing or offline signing.
You will be taken to the Document Signing Service (“DSS”) portal.
Please refer to "eLitigation FAQ > Document Signing Service (DSS) Guide for eLitigation Users > How do I request signatures with DSS?" for a step-by-step guide on how to sign your documents with DSS.
DSS will pre-populate the list of signers based on the details in the Case Information section. Do check that the list of signers is correct before proceeding. You can add or remove the signers, if necessary.
The eForm in Step 2 will automatically be made available in DSS for online signing.
Fig 41c. A new row will be displayed.
Upon successfully completing the signing procedure (regardless of which method was chosen) or if none of the documents require a signature, the “Next” button should be enabled. Click on the “Next” button to proceed to Step 3: Admin Details.
(3) Admin Details
Fig 42. In Step 3: Admin Details, indicate any urgent processing, special request or waiver required. You can also opt to eServe the documents to another law firm.
(4) Submission
Fig 43. In Step 4: Submission, review all information and documents before submission. Upon acceptance / approval by Court, the documents will be sent to your eLitigation inbox.
Fig 36. Upload the relevant supporting documents. Click “Choose File” to select the document. Then, click on the “Upload” icon (). If you wish to delete the document row, click on the button. If a document that you would like to upload is not listed, click on “Add Document” to manually add it. Refer to Fig 37.
Fig 39.Click on the icon to view the eForm. The eForm will be generated based on the details provided in the Case Information section. If you would like to file other supporting documents to the case, click “Add Document”.
To change the information in the generated form, click “Previous” to return to the Case Information section and amend the information first. Then click the button in Step 2 to generate a new form with the updated details. Then click the “Confirm” button located at the bottom of the eForm.
To start digital signing, click the button.
To start offline signing, click the button to download the document and proceed to Fig 41c.
• You will no longer be able to make changes to the data in the form. If you wish to make changes to the data, click the “Cancel Finalise Documents”. All previously signed documents will be removed from Step 2. Return to Step 1 to make changes to the data and then return to Step 2 and click to regenerate the eforms based on the updated data. You will be required to confirm all the e-forms again to activate the “Finalise Documents” button again.
• If you wish to retract the offline signing, click on the icon.
• Click the button to upload the manually signed copy.