Originating Application for Presumption of Death & 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 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
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 chosen as the country of solemnisation, you can choose to specify the marriage certificate number.
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 (Divorce).
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).
Presumption of Death
Fig 25. Provide the relevant details.
Fig 26. Provide the details of the Applicant’s last contact with the Respondent.
Fig 27. Specify the steps taken by the Applicant to find the Respondent.
Fig 28. Explain why the Applicant believes the Respondent is no longer living.
Ancillary Reliefs
Fig 29. 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 29a.
Fig 29a. 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 31).
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 30. 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 30a.
Fig 30a. Indicate whether there are any bankruptcy proceedings filed against the Applicant and/or Respondent.
Fig 31. Provide the necessary information about the asset pool.
Fig 32. 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 34. Select the document that you wish to add. Click “Add”. You may then upload these documents as described in Fig 33. 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 34a.
Fig 34a. State the document name. You may then upload these documents as described in Fig 33.
Certification
Fig 35. Confirm all the statements made in this application before proceeding to the next section (Forms).
(2) Forms
Fig 37. You will be presented with an eForm.
Fig 38. To initiate the signing process, click the “Confirm” button located at the bottom of the eForm.
Fig 38a. 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 38b. 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 38c. 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 39. 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 40. 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 33. 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 34.
Fig 36. Click on the icon to view the eForm. The eForm will be generated based on the details provided in the Case Information section.
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 38c.
• 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.