Digest 3

A.   Commencement of Matrimonial Applications

1.   Under the Family Justice Rules (General) 2024 (General Rules), all applications for divorce, nullity, judicial separation, presumption of death and divorce (collectively known as Matrimonial Applications) are commenced by an Originating Application (instead of a Writ) under the Family Justice Rules 2014 (FJR 2014)).

2.   The Originating Application contains all required information for the commencement of the action and replaces the Statement of Claim, Statement of Particulars, Proposed Matrimonial Property Plan and Proposed Parenting Plan which were filed under the FJR 2014.

3.   The Originating Application is filed without a supporting affidavit at this stage. The parties will file the Affidavits at a later stage when the case is ready for hearing or trial.  

B.   Contesting an Originating Application

4.   With the use of an Originating Application, parties will no longer file pleadings (e.g. Statement of Claim, Defence).

5.   To respond to the Originating Application, the respondent files a Notice to Contest within 14 days after the Originating Application is served. The same period of 14 days applies irrespective of whether the respondent is served in or out of Singapore. 

6.   If the respondent wishes to contest the Originating Application, the respondent must file a Reply within 28 days after the Originating Application is served. No further documents are filed by the applicant unless the respondent files a Cross Application. 

7.   If the respondent wishes to apply for the marriage to be dissolved on different grounds, the respondent will file a Cross Application together with his Reply. A Cross Application is treated in the same way as an Originating Application. Following the same process as an Originating Application, the respondent in the Cross Application will file his Reply (to the Cross Application) within 28 days after the Cross Application is served.

C.   Changes made to the Simplified Track Divorce and Judicial Separation

8.   The simplified track for divorce proceedings has been expanded to also cover proceedings for judicial separation. Therefore, parties may file on the simplified track for both types of proceedings. 

9.   Additionally, the simplified track is also available so long as parties have reached an agreement on the grounds for divorce or judicial separation, even if they have not reached an agreement on the ancillary matters. Parties may file the Originating Application under a simplified track as long as there is an agreement on the divorce or judicial separation before the Originating Application is filed.

D.   Simplified Track Process

10.  The applicant files an Originating Application for divorce or judicial separation (Simplified). The Simplified Originating Application contains the applicant’s affidavit which confirms the truth of the Originating Application.

11.  The Simplified Originating Application also contains the respondent’s consent to the application and the manner in which the Originating Application is to be served.

12.  If the parties have reached an agreement on all ancillary matters as well, the Simplified Originating Application must contain the agreed terms. If the parties are only able to agree to some of the ancillary matters, the parties will file the Simplified Originating Application and include a claim for ancillary matters. At the same time, the applicant must also file a Draft Ancillary Reliefs Order setting out the agreed ancillary matters.

13.  A hearing date will usually be issued with the Originating Application. The applicant is required to serve the Simplified Originating Application on the respondent and file an affidavit of service within 14 days after the filing of the Originating Application.

14.  Where the parties agree that a Cross Application be filed, the respondent is to file the Cross Application within 3 days after the first Originating Application is filed. The Cross Application will follow the same process as the first Originating Application and will be heard with the first Originating Application. 

E.   Contested Applications

15.  In the case where parties are unable to agree to proceed with the Originating Application on an uncontested basis, the parties are required to file and exchange the Affidavits of Evidence in Chief of all witnesses.

16.  Once the Affidavits of Evidence in Chief are filed and exchanged, the applicant files a request for trial date.

F.   Uncontested Applications

17.  Where parties agree to proceed with the matter on an uncontested basis, the applicant in the Originating Application files a request for a hearing date. The applicant in a Cross Application is not required to file the request for a hearing date even if the agreement is to proceed on both the Originating Application and the Cross Application. The applicant in a Cross Application is only required to file a request for a hearing date if the parties agree for the matter to proceed only on the Cross Application.

G.   Amendment and Withdrawal

18.  Under the General Rules, a party may, with the consent of the other party, amend an Originating Application or Reply without the court’s approval.

19.  A party may, with the consent of the other party, withdraw an Originating Application or a Reply without the court’s approval. The consent of the other party is not required if the document has not been served on the other party.

H.   Contested Ancillary matters 

20.  The parties must file and exchange the First Ancillary Affidavits within 28 days from the grant of the Interim Judgment or Judgment of Judicial Separation. Where parties are referred to mediation, the First Ancillary Affidavits will be filed in accordance with the directions of the court. 

21.  If no disclosure is required, the parties are required to file and exchange the Second Ancillary Affidavits within 28 days after the exchange of the First Ancillary Affidavits. No further affidavits are to be filed unless with the court’s approval. 

22.  For the purposes of the Ancillary Matters hearing, the parties will first file and exchange their Written Submissions. This is followed by the filing of the Binding Summary of Positions.

I.    Binding Summary of Positions 

23.  The Binding Summary of Positions contains the final and binding positions of both parties in a single document. The positions in the Binding Summary must not be inconsistent with the positions in the Written Submissions which have been filed. 

24.  In the Binding Summary, the parties are required to refer to the relevant affidavit evidence which supports their position. The court may treat the affidavit references in the Binding Summary as the best evidence in support of the party’s position.

J.   Variation of Ancillary Matters 

25.  For Ancillary Matters Orders which are made under the FJR 2024, the variation of the orders is commenced by a summons. 

26.  For Ancillary Matters Orders which were made under the FJR 2014, the variation of the orders is commenced by an Originating Application under the FJR 2024. Once the orders are varied under the Originating Application, any subsequent variations can be filed by a summons. Refer to the table in paragraph 9 of the FJR 2024 Digest 2 for further information. 

27.  Personal service of the summons for variation of the orders is required if the date of the last Ancillary Matters Order is more than one year ago.