Originating Application for Judicial Separation

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Last updated 18 days ago

(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 and 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 (i.e. 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
- Email
- 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.

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. Enter the details of each child of the marriage below the age of 21 years. Click on the “Add Child Details” button.

Fig 19. Specify the child’s personal details.

Fig 20. 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 18 – 20.

Proceedings

Fig 21. 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 22.
If “No”, proceed to the next section (Judicial Separation).

Fig 22. Click on “Add Proceedings” to include local proceeding(s).

Fig 23. Specify the case number, status of the proceeding and relevant details about the proceeding. Click “Proceed” when you are done.

Fig 24. For overseas proceeding(s), provide the relevant details of the proceeding(s).

Judicial Separation

Fig 25. Select the applicable options for the reason(s) for judicial separation.

Depending on your selection, proceed to:

Fig 26 if you select “3 Years Separation with consent” or “4 Years Separation”,
Fig 27 if you select “Adultery”,
Fig 28 if you select “Desertion”,
the next section (Ancillary Reliefs) if you select “Mutual Agreement”, or
Fig 29 if you select “Unreasonable Behaviour”.

If “3 Years Separation with consent” or “4 Years Separation” is selected

Fig 26. Provide the relevant information. Depending on your selection to the question on the living arrangements during the period of separation, proceed to:

Fig 26a(i) to (iii) if parties resided at different addresses, or
Fig 26b(i) to (iii) if parties resided at the same address but maintained separate households.

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 26c.

Fig 26a(i). State if the period where the parties resided at different addresses occurred during the period of separation, or between other specified periods.

Fig 26a(ii). Click on “Add address” to provide the respective parties’ addresses and the period of residence. Multiple addresses can be added.

Fig 26a(iii). Provide a description of how the parties lived separate lives.

Fig 26b(i). State if the period where the parties resided at the same address but maintained separate households occurred during the period of separation, or between other specified periods.

Fig 26b(ii). Click on “Add address” to provide the respective parties’ addresses and the period of residence. Multiple addresses can be added.

Fig 26b(iii). Provide a description of how the parties lived separate lives.

Fig 26c. Click on “Add More” to specify period the parties resumed living together. Multiple periods can be added. Provide the total period of time parties resumed living together.

If “Adultery” is selected

Fig 27a. Provide a brief description of the Respondent’s adultery.

Fig 27b. 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 27b(i) if you select “Yes”.

Fig 27b(i). Provide the details of the person. This person will be added as a Co-Respondent and has to be served with this application.

If “Desertion” is selected

Fig 28a. Provide the desertion date and a description of the desertion.

Fig 28b. If there was a period during the desertion where the parties resumed living with each other, click on “Add More” to specify period the parties resumed living together. Multiple periods can be added. Provide the total period of time parties resumed living together.

If “Unreasonable Behaviour” is selected

Fig 29a. Provide a description of the unreasonable behaviour.

Fig 29b(i). Indicate if you would like to include a co-respondent to the proceeding. If yes, provide the details of the co-respondent. Click on “Add” to begin adding a co-respondent.

Fig 29b(ii). Provide the details of the person. This person will be added as a Co-Respondent and has to be served with this application.

Fig 29c. If a person has been named during the detailing of the unreasonable behaviour, but you do not wish to add them as a Co-Respondent, state the number of such persons.

Ancillary Reliefs

Fig 30. 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 30a.

Fig 30a. 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 32).
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 31. 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 31a.

Fig 31a. Indicate whether there are any bankruptcy proceedings filed against the Applicant and/or Respondent.

Fig 32. Provide the necessary information about the asset pool.

Fig 33. 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 35. Select the document that you wish to add. Click “Add”. You may then upload these documents as described in Fig 34. 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 35a.

Fig 35a. State the document name. You may then upload these documents as described in Fig 34.

Certification

Fig 36. Confirm all the statements made in this application before proceeding to the next section (Forms).

(2) Forms

Fig 38. You will be presented with an eForm.

Fig 39. To initiate the signing process, click the “Confirm” button located at the bottom of both eForms.

Fig 39a. 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 39b. 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 39c. 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 40. 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 41. 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.