How To File For Divorce After Legal Separation – There may come a time in your life when you feel that divorce is the only option. At such an unfortunate time, you will need to be clear about how you can begin the divorce process. In this post, we will simply explain the process of starting divorce proceedings.
You must have been married for a year to get a divorce. We explain this in more detail in our post here.
How To File For Divorce After Legal Separation
1) File a document called a petition with the court to start the divorce process. Only one spouse can file for divorce (the petitioner). The other party is known as the defendant.
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We recommend that you seek the services of an attorney to assist you with your divorce as it can be a complex process. If you want to file for divorce yourself, you will need to use divorce form D8. Before you fill out the form, you need to find the right grounds for the divorce.
Before you fill out the divorce form, you need to find the right grounds for the divorce. You must prove that your marriage has “irretrievably broken down” for one of the following reasons:
Infidelity – If your partner has cheated on you with another person, that would be a good enough reason to ask for a divorce. However, infidelity in this scenario means penetrative sex between your spouse and another person. This can be difficult to prove in a court of law if your spouse refuses to admit to adultery. In the case of such a divorce, you have six months to file for divorce after learning of the adultery.
Unreasonable behavior – This can include violence, bullying or verbal abuse, alcohol or drug abuse, financial disputes or infidelity. There are several things that can be considered unreasonable behavior. This is the most commonly used reason for divorce, even in the case of adultery.
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Two years apart with the other spouse’s consent – If you and your spouse have been living apart for two years with each other’s consent, divorce proceedings can be started.
The five-year separation is the same as before, but you don’t need your spouse’s consent to live apart.
Two years of desertion – if your spouse has left you and you do not communicate with him, the court will declare a divorce,
The divorce case is initiated by the applicant who submits the Application. This is an application that must be submitted to the court in order for them to grant a divorce. As mentioned above, this is called a D8 Divorce Petition and includes personal information about the spouses and the reasons for the separation.
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This application is sent to court with a court fee of £550. It is then sent to the respondent together with the service approval form.
The defendant must complete an Acknowledgment of Service form indicating whether he wishes to defend the divorce. They must return the certificate of service to the court within 8 days.
When the Court receives the certificate of service, a copy is sent to the applicant. The applicant then applies for a decree nisi. This is a document in which the Court recognizes that the marriage has “broken down irretrievably” and the grounds for the divorce are proven. This confirms that you can get a divorce and that there are no serious reasons not to agree to it. The word “nisi” is Latin and means “unless”.
The applicant should apply for the Decree Absolut six weeks after the Decree Nisi. The decree ends the marriage completely legally, meaning that both parties are divorced and can remarry.
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The above is a general overview of what a divorce process typically looks like. However, the divorce process can vary depending on the circumstances of the divorcing couple. A divorce can take anywhere from three to four months, but the divorce process can vary depending on the circumstances of the divorcing couple.
The timing usually depends on whether the party is late in taking action during the process or has problems with the Court.
To better understand your case, you should consult with a divorce attorney who can provide advice based on your specific scenario. Divorce in Singapore is a two-stage process for both contested and uncontested divorces. The first stage is called divorce, where the court decides whether the marriage has irretrievably broken down. If so, the court will make a temporary decision to officially dissolve the marriage.
The second phase of the divorce is called the additional proceedings phase, during which the court will decide how the parties’ affairs should be handled. Such jobs include spousal support and child custody.
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The parties may apply for the entry into force of an interim decision only after 3 months from its receipt or after all additional issues have been resolved, whichever is later. The parties will then receive confirmation of the final decision. This is how all divorce proceedings end.
For the purposes of this article, “petitioner” means the spouse who files for divorce and “respondent” means the other spouse who defends the divorce.
To obtain a divorce in Singapore, you or your spouse must meet the following eligibility requirements under Articles 93 and 94 of the Women’s Charter:
The above requirements may not apply to you if you were married under Muslim law. Instead, find out how to divorce under Muslim law.
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You must then prove that the marriage has irretrievably broken down. This is the only legal ground for divorce in Singapore.
There are several ways to show that your marriage has irretrievably broken down. These methods are provided in Article 95, Part 3 of the Women’s Charter:
If you and your spouse have at least one child under the age of 21 and cannot agree on the legal grounds for divorce and other additional issues, you will be required to participate in a mandatory parenting program.
This program is run by counselors from a divorce support agency and aims to help divorcing parents make informed decisions that put the needs and well-being of their children first. You can learn more about the Compulsory Parenting Program in our next article.
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Below is a step-by-step infographic summarizing the divorce requirements and divorce process in Singapore. You can click it and download it in a new tab.
This infographic explains the divorce procedure in Singapore, starting with filing for divorce in Singapore, followed by the 2 stages of divorce (i.e. divorce and secondary issues).
The party who first intends to file for divorce will need to file certain documents with the family justice courts in order to begin the divorce process. Appropriate application fees should also be paid. These documents include:
An affidavit containing information such as the details of the parties, the length of their marriage, the children they have and the reason the marriage has irretrievably broken down (ie adultery, unreasonable behaviour, desertion or separation).
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The lawsuit will also state the claimant’s claims for ancillary relief, e.g. that the plaintiff is seeking custody of the children or division of the matrimonial home.
A statement stating, among other information, the reason for the irretrievable dissolution of the marriage (as stated in the petition).
For example, if the claimant claims that the parties have been separated for 3 years, the statement of facts must include information such as:
The prosecutor’s suggestion as to how the children of the parties under the age of 21 should become parents after the divorce.
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The prosecutor’s suggestion of what should happen to the HDB flat after the divorce. If both parties agree, an agreed upon marital property plan is provided instead.
You may want to hire a divorce attorney to help you prepare the documents.
After the court has issued the divorce decree and all supporting documents, they must also be served on the defendant.
The defendant will then have 8 days to decide whether to contest the divorce and/or the additional issues.
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If the defendant chooses to contest the divorce, he/she will need to file an affidavit of declaration and defense. You can also request a problem-solving conference with a family settlement judge or consult with a court counselor to try to reach an amicable settlement in divorce mediation with your partner.
If both parties cannot agree on grounds for divorce on their own, the case would go to court for a judge to determine whether the marriage has irretrievably broken down. The accused will have to submit to the court and submit to the prosecutor:
In total, the defendant has 22 days to file and serve a memorandum of appearance and defense.
Alternatively, if the defendant wishes to assert his claim for divorce and/or other claims relating to additional issues, the defendant shall file a defense and counterclaim in lieu of defense within the time limits set forth above.
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If the defendant decides not to dispute the divorce, but wants to be heard
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