Originating Application for Permission to Seek Financial Relief After Foreign Divorce
Last updated
Last updated
(1) Case Information
Party List
Fig 1. Click on “Add Party”. You will need to add at least one party in order to proceed with the rest of the application.
Fig 1a. Enter all the mandatory information. Click “Save” when you are done.
Application
Fig 2. Review the Nature of Case of the Application before proceeding.
Endorsements
Fig 3. By default, the “Application (without Notice)” option will be selected as the type of Originating Application filing.
Annex A: Draft Orders
Fig 4. Select the applicable categories.
If “Maintenance” is selected, proceed to Fig 5.
If “HDB Property” is selected, proceed to Fig 6.
If “Private Property” is selected, proceed to Fig 7.
If “Other Assets” is selected, proceed to Fig 8.
Fig 5. Select the relevant sub-category.
If “Maintenance for Children” is selected, proceed to Fig 5a.
If “Maintenance for Spouse” is selected, proceed to Fig 5b.
If “Methods of Payment” is selected, proceed to Fig 5c.
Fig 5a. Click “Select order”, and proceed to Fig 5a(i).
If you wish to create a custom order, click “create a custom order”, and proceed to Fig 5d.
Fig 5a(i). Provide the necessary details and click “Create Order” when you are done.
Fig 5b. Select the relevant order.
If there is no maintenance for spouse, click “Select order”, and proceed to Fig 5b(i)
If there is periodic maintenance for spouse, click “Select order”, and proceed to Fig 5b(ii).
If you wish to create a custom order, click “create a custom order” and proceed to Fig 5d.
Fig 5b(i). Select the name of the party from the drop-down list and click “Create Order”.
Fig 5b(ii). Provide the necessary details and click “Create Order” when you are done.
Fig 5c. Click “Select order” to provide details of the Methods of Payment. Proceed to Fig 4c(i).
If you wish to create a custom order, click “create a custom order” and proceed to Fig 5d.
Fig 5c(i). Provide the necessary details and click “Create order” when you are done.
Fig 5d. Select the applicable category and provide details of your custom order in the text box. Click “Create order” when you are done.
Fig 6. Select the relevant sub-category.
If “Sale of Property” is selected, proceed 6a.
If “Transfer of Ownership from One Party to Other” is selected, proceed to Fig 6b.
Fig 6a. Click “Select order” to provide details of the Sale of Property. Proceed to Fig 6a(i).
If you wish to create a custom order, click “create a custom order” and proceed to Fig 5d.
Fig 6a(i). Provide the necessary details and click “Create Order” when you are done.
Fig 6b. Click “Select order” to provide details of the Full CPF Refund. Proceed to Fig 6b(i).
If you wish to create a custom order, click “create a custom order” and proceed to Fig 5d.
Fig 6b(i). Provide the necessary details and click “Create Order” when you are done.
Fig 7. Select the relevant sub-category.
If “Sale of Property” is selected, proceed to Fig 7a.
If “Transfer of Ownership from One Party to Other” is selected, proceed to Fig 7b.
Fig 7a. Click “Select order”, and proceed to Fig 7a(i).
If you wish to create a custom order, click “create a custom order”, and proceed to Fig 5d.
Fig 7a(i). Provide the necessary details and click “Create Order” when you are done.
Fig 7b. Click “Select order”, and proceed to Fig 7b(i).
If you wish to create a custom order, click “create a custom order”, and proceed to Fig 5d.
Fig 7b(i). Enter the necessary details and click “Create order” when you are done.
Fig 8. Click on “Moveable Assets” and proceed to Fig 8a.
Fig 8a. Click “Select order”, and proceed to Fig 8a(i).
If you wish to create a custom order, click “create a custom order”, and proceed to Fig 5d.
Fig 8a(i). Click “Create order”.
Fig 9. Click “View your orders” to view a summary of your orders. Make amendments if necessary, and click “Close” when you are done.
Other Relief(s)
Fig 10. Click “Add Prayers” if the Filing Party is seeking any other relief(s). Proceed to Fig 10a.
Note: A standard prayer will be generated with the application by default.
Fig 10a. Provide the details of the reliefs sought in the textbox provided. If you would like to add another prayer, click on “Add Prayers” again.
Costs
Fig 11. Select the manner in which the costs of this application the applying party is asking to be ordered.
If “Costs to be paid by” is selected, provide the name or party that will pay the costs.
If “Others” is selected, provide details of how the costs will be paid.
Supporting Documents
Fig 12. Click “Add Document” to add supporting documents. Document(s) added here will form as an annexure to the OA (i.e. single document).
Fig 12a. Enter the number of “Other document” that you wish to add, and click “Add”.
Affidavit Deponent
Fig 13. Click on “Add Deponent”. You will need to add at least 1 deponent in order to proceed with the rest of the application.
Fig 13a. Select the party that you wish to add as a deponent. Upon selection, the party’s details will be displayed. Click “Add” when you are done.
If the person that you wish to add as a deponent is not listed, select “Others” to add them to the deponent list (refer to Fig 13b).
Fig 13b. Provide the necessary details. Click “Add” when you are done.
Fig 14. Enter the necessary details.
Marriage
Fig 15. Enter the date and country of the solemnisation of marriage.
Fig 16. Provide the details of the ex-spouse.
Fig 17. Select an appropriate option from the following, if applicable.
Fig 18. Enter the date and country of the dissolution of marriage.
Fig 19. State if there are any reasons that the dissolution may not be recognised under Singapore law.
If “Yes” is selected, you will be required to state the reasons in a text box.
Fig 20. State if the Court Order of the dissolution of marriage is in English.
Children
Fig 21. Indicate the number of living children.
Fig 22. Indicate if there is any child below 21 years of age who is born of this marriage, or accepted as a child of this marriage.
If “Yes” is selected, proceed to Fig 22a.
If “No” is selected, proceed to Fig 23 (Jurisdiction).
Fig 22a. Click “Add Child Details” to provide details of the child(ren).
Fig 22b. Enter the necessary details and click “Add” when you are done.
Jurisdiction
This section involves confirmation that the Family Justice Courts of Singapore has the legal power to grant the filed Application.
Fig 23. Indicate the reason(s) that the Family Justice Courts of Singapore granted this application.
If “Singapore citizenship” is selected, proceed to Fig 24.
If “Habitual Residence” is selected, proceed to Fig 25.
If “Others” is selected, proceed to Fig 26.
Fig 24. Select the applicable option from the following.
For the option selected, indicate if ‒ the Applicant/ the Applicant’s ex-spouse / both the Applicant and the Applicant’s ex-spouse ‒ is either a Singapore citizen at the time
of this application, or;
when the marriage was dissolved in the foreign country.
Fig 25. Select the applicable option regarding the Applicant, and the Applicant’s ex-spouse's habitual residence.
For the option selected, indicate if ‒ the Applicant / the Applicant’s ex-spouse / both the Applicant and the Applicant’s ex-spouse ‒ is a habitually resident in Singapore at the time
of this application, or;
when the marriage was dissolved in the foreign country.
Fig 25a. Click “Add Address” to provide details about the parties’ addresses, and proceed to Fig 25a(i).
Fig 25a(i). Enter the necessary details regarding the Parties’ Addresses, and click “Proceed” when you are done.
Fig 26. Provide the other reasons in the text box.
Connection of Parties to Different Countries
Fig 27. Declare the parties’ connection to Singapore.
If the parties have no connection to Singapore, you will be required to provide further details in a text box.
If the parties have a connection to Singapore, proceed to Fig 27a.
Fig 27a. Click “Add Connection to Singapore” to add the details of the parties’ connection to Singapore.
Fig 27a(i). Provide the stated details of the connection of the party to Singapore. Click “Add” when you are done to add the details to the table in Fig 27a.
Fig 28. Declare the parties’ connection to the country that dissolved the marriage.
If the parties have no connection to the country that dissolved the marriage, you will be required to provide further details in a text box.
If the parties have a connection to the country that dissolved the marriage, proceed to Fig 28a.
Fig 28a. Click “Add Connection to Country” to add the details of the parties’ connection to the country that dissolved the marriage.
Fig 28a(i). Provide the stated details of the connection of the party to the country that dissolved the marriage. Click “Add” when you are done to add the details to the table in Fig 38a.
Fig 29. Declare the parties’ connection to any other country.
If the parties have a connection to any other country, you will be required to provide further details in a text box.
Details of Order(s)
Fig 30. State the time period between the Foreign Order and this Application. Additionally, provide reasons for the time taken to make this Application in the text box provided.
Fig 31. Provide details of any financial reliefs made in the Foreign Order. Click “Add Financial Reliefs” to add the details of the financial relief.
Fig 31a. Provide the stated details of the financial relief. Click “Add” when you are done to add the details to the table in Fig 31.
Fig 32. Provide more details if there were parts of the orders that were not complied with, and the reasons why the orders were not complied with.
Fig 33. State if the parties or the children will receive financial benefits, besides those provided in the foreign court order.
Fig 33a. Provide details for the statement made in Fig 33.
Fig 34. Provide any further information on the financial reliefs.
Fig 35. Provide details of any financial reliefs omitted from the foreign order. Click “Add Omitted Financial Relief” to add the details.
Fig 35a. Provide the stated details of the omitted financial relief. Click “Add” when you are done to add the details to the table in Fig 35.
Fig 36. State if the Applicant is seeking an order in respect of assets located in Singapore.
If “Yes” is selected, you will need to have provided the details of the assets in the “Annex A: Draft Orders” section of this Application.
Fig 37. State if there are available Singapore assets against which a Singapore order can be enforced.
If “Yes” is selected, provide details in the text box provided.
Note: This question is only applicable if the Applicant is seeking only maintenance.
Fig 38. State the reasons for seeking a Singapore order for these financial reliefs in the text box provided.
Summary of Claim
Fig 39. Select the claims that the Filing Party is asking for.
If “Applicant is asking that the Court grants this Originating Application” is selected, proceed to Fig 40 (Affirmation).
If “Others” is selected, provide details in text box provided.
Affirmation
Fig 40. State if the Filing Party swears to or affirms the document. Provide details of the date and place that this document was sworn / affirmed, especially if the document is to be digitally signed. Indicate if interpretation is required and if the document needs to be read audibly to the deponent.
Exhibits
Fig 41. Enter a prefix for the exhibits supporting this affidavit. The prefix should be the initials of the deponent’s name, e.g. TBH for Tan Beng Huat.
You may click the “Preview Affidavit” button to view a generated affidavit, based on the information entered thus far in the sections above in order to fill in the Reference in Affidavit to the exhibit field.
Fig 42. A list of documents will be reflected in the Exhibit Table. For each applicable document in the table, you will be required to upload a file to the system. Click “Choose File” to open a browser dialog box to select a file for uploading.
If you wish to attach additional documents to the table, click “Add Document”.
Fig 42a. Indicate the number of documents the deponent wishes to add and click “Add”.
Fig 43. If you are unable to provide any documents or wish to explain why a certain document cannot be provided, click “Add Document” at Table 2.
Fig 43a. Indicate the number of documents you wish to add and click “Add”.
(2) Forms
Fig 45. You will be presented with an eForm.
Fig 46. To initiate the signing process, Click the “Confirm” button located at the bottom of the eForm.
Fig 46a. 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 46b. The row of the eForm will be updated with new buttons. 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 46c. 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 47. 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 48. 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 12b. Enter the document name in the textbox. Click “Choose File” to select the file from the browser dialog box. Click the icon to upload the document. If you wish to delete the document row, click on the button.
If any of the listed document is not applicable, click on the button to delete that row.
If there is a document which is applicable, but you are unable to provide at the time of filing, click on the button to delete that row. You will be required to explain the reasons for the lack of documents in Table 2, as shown in Fig 43.
Fig 42b. The line entries for exhibits will generate based on the deponent’s input on the number of documents to add. Indicate the title of the document and the paragraph reference to the affidavit (using the preview of the generated affidavit). The deponent will be required to upload a file for each document listed in the table. Click “Choose File” to open a browser dialog box to select a file, and click the icon to upload the document.
Fig 43b. Indicate the name of document not provided and the reasons for lack of document, or details of alternative document provided. If you are unable to provide any details or wish to delete any line entry, click on the button to delete the document’s row.
Fig 44. 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 46c.
• 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 Finalised Document” button. 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 eForms 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.