​​​This section provides a summary of the procedures for applying for the division of matrimonial property at the Family Justice Courts.

 

The information provided below is general in nature and is not intended as legal advice. The Family Justice Courts cannot provide legal advice or assist with drafting the contents of any document.  

 


 

Important note: This section deals with applications made under section 59 of the Women’s Charter (Cap 353), and under section 17A(2)(c) of the Supreme Court of Judicature Act (Cap 322). Matrimonial property issues may also be dealt with as ancillary matters in divorce proceedings; for more information on divorce proceedings, please see the Divorce page.                    

           

e-Litigation filing
Please note that all Court documents must be filed or sent to the Court using the e-Litigation. You can file documents through the e-Litigation at the LawNet & CrimsonLogic Service Bureau. There are two Service Bureau in Singapore:

Supreme Court LawNet & CrimsonLogic Service Bureau
1 Supreme Court Lane
Level 1, Supreme Court Building
Singapore 178879
Tel: (65) 6337 9164
Fax: (65) 6337 9980

Chinatown Point LawNet & CrimsonLogic Service Bureau
133 New Bridge Road
#19-01/02 Chinatown Point
Singapore 059413
Tel: (65) 6538 9507
Fax: (65) 6438 6350

For more information on the LawNet & CrimsonLogic Service Bureau, you may wish to visit the e-Litigation web site.The staff of the Family Justice Courts will be able to direct you to the LawNet & CrimsonLogic Service Bureau located at Chinatown Point, but will not be able to give you any specific information on the procedures and charges administered by the Service Bureau.

 


 
1. Starting proceedings

To start proceedings for the division of matrimonial property, you must file the following documents in Court:

If you are the person filing the Originating Summons, you are called the Plaintiff. The person against whom you are filing the Originating Summons is the Defendant.

If you are not sure what to say in your affidavit, or if you need help preparing your affidavit, you should seek independent legal advice.

You will need to pay the appropriate filing fees for all documents filed in Court.

If you are making your application under section 17A(2)(c) of the Supreme Court of Judicature Act, you must also file the following documents with your Originating Summons:

  • a Syariah Court commencement certificate; or
  • the parties’ written consent to the commencement of proceedings in the Family Justice Courts, and a Syariah Court certificate of attendance; and
  • if there is an HDB matrimonial asset to be divided, an Agreed or Proposed Matrimonial Property Plan

You will need to pay the appropriate filing fees for all documents filed in Court.

 

2. Service

Please go to the Lawnet & Crimsonlogic Service Bureau to file your documents. If your documents are in order, the Family Justice Courts Registry will accept your documents for filing. Copies of your documents will be affixed electronically with the Court seal and the sealed copies will be given to you.

Serve the sealed copies on the Defendant. This is to alert him or her that you have started these proceedings in Court.

You must serve the sealed copies in one of the following ways:

  • by personal service, which means that the documents must be handed to the Defendant directly by someone authorized to do so, such as a court process server; or
  • by E-Litigation on the Defendant’s lawyer, if he or she has one, but only if the Defendant’s lawyer indicates on the documents that he or she accepts service on behalf of the Defendant.

 

3. Your first Court date

Your first Court date is likely to be a case conference before an Assistant Registrar of the Family Justice Courts. Both you and the Defendant will be notified of the Court date by letter.

A case conference is conducted in chambers. This means that the hearing is closed to the public, and only those directly involved in the matter can attend. You do not have to attend a case conference yourself if you have a lawyer. Similarly, if the Defendant has a lawyer, his or her lawyer will attend the case conference.

At the case conference, the Assistant Registrar will check if all the necessary documents have been filed in Court. If the Defendant is contesting your application, he or she will have to file an affidavit in reply.

If there is a possibility for an amicable resolution, the Assistant Registrar may refer the case for a resolution conference at the Family Resolutions Chambers.

 

4. Originating Summons hearing

If an amicable resolution of the dispute is reached after a resolution, a consent order may be recorded before a District Judge in chambers. This formally ends the court proceedings.

If an amicable resolution is not possible, the Originating Summons will proceed for hearing before a District Judge in chambers. The District Judge will make his or her decision on the affidavits that have been filed in Court. It is not necessary for you or the Defendant to give oral evidence before the District Judge.

After hearing both sides, the District Judge will rule on your application, and make the necessary orders. This formally ends the court proceedings.

 

5. Appeals

If you are not satisfied with the District Judge’s order, you may appeal to a Judge of the High Court.

If you wish to appeal, you must do so by filing a Notice of Appeal. The Notice must be issued within 14 days of the District Judge’s order. You must then serve the Notice on the other party within 7 days of it being issued. You may wish to refer to the Family Justice Rules for further details.  

Please note that staff of the Family Justice Courts cannot assist with the filing of papers for appeal.

 

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Last updated on: 2/1/2015 11:31 AM
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