Getting divorced in Singapore as a foreigner requires careful preparation and proper documentation. This comprehensive guide will walk you through all the essential documents needed for an international divorce in Singapore, ensuring a smoother legal process.
Basic Requirements
To initiate the divorce process in Singapore, you must first prepare these fundamental documents:
- A copy of your marriage certificate
- Translation of marriage certificate (if the certificate is not in English)
- Document(s) to show a change in a party’s name or identification number stated in the marriage certificate (if applicable)
- The applicant’s and respondent’s particulars
Proof Documents of Domicile for Foreigners Seeking Divorce in Singapore
Should you not be a habitual resident in Singapore for at least 3 years immediately preceding the commencement of the divorce proceedings, the following documents are needed for foreigners to prove domicile in Singapore, in other words, the intention to reside in Singapore permanently or indefinitely (Legal basis: Section 93(1) of the Women’s Charter 1961):
- A copy of the Permanent Resident Identification Card, if any
- A copy of title document(s) of immovable property purchased in Singapore, if any
- Evidence proving the transfer of assets to Singapore, if any
- Evidence of career with possible long-term prospects in Singapore (e.g. letter of certification from employer), if any
Other Relevant Documentation
- The facts you are relying on to show that your marriage has irretrievably broken down (Adultery, Unreasonable behaviour, Desertion, Separation and/or Mutual agreement referencing Section 95A of the Women’s Charter 1961)
- Brief reasons (but not evidence) which support the fact or facts to be proved
- The relief you are seeking from the respondent for the ancillary matters
- The Official Assignee’s approval of the agreed ancillary relief terms (if the parties have agreed to all ancillary reliefs)
- Existing court matters (if applicable)
Legal Process Documentation
Court Submission Requirements
Documents to prepare, sign and file with the Family Justice Courts (FJC):
- Originating Application for Divorce
- Bankruptcy records
For an application for divorce on a simplified track:
- Spouse’s Consent to Simplified Proceedings (including consent to draft ancillary relief orders, if any)
- Spouse’s Consent to Grant Judgment on 3 Years Separation
- Draft Ancillary Reliefs Order
- Applicant’s Affirmation for Simplified Proceedings (including request for hearing date)
- Affidavit of Split Care and Control
- Notice of Proceedings
For an application for divorce on a normal track:
- Notice to contest
- Acknowledgement of service (respondent)
Financial Documentation
Prepare these financial documents:
- Financial documentation of income, properties, savings, investments, taxes, insurance and/or businesses (if applicable)
- Records demonstrating your financial contributions during the marriage, such as mortgage or loan statements
- Central Provident Fund (CPF) documents (if applicable)
Special Circumstances Documentation
Child Custody Documentation
If children are involved, additional documents include:
- A copy of your child(ren)’s birth certificate(s) (if applicable)
- Translation of your child(ren)’s birth certificate(s) (if the certificate is not in English)
- Details about any children you have (if applicable)
- Certificate of completion for the Mandatory Co-Parenting Programme (CPP) for the applicant and respondent (if parties have children under 21 years of age) (Legal basis: Section 94A(3a) of the Women’s Charter 1961)
Important note: The documentation as mentioned above may be found at www.judiciary.gov.sg/forms.
Common Mistakes to Avoid
Be aware of these frequent documentation errors:
- Inaccurate and incomplete documentation (It is advisable to hire a legal professional to manage the paperwork effectively and speed up the proceedings.)
- Information in the documents is not up-to-date
- Divorce papers are not served within the stipulated time frame
- Lack of transparency in the disclosure of assets and/or liabilities
Timeline and Costs
Understanding the practical aspects of document preparation:
- Document preparation time can vary between days to weeks or months, depending on the law firm engaged
- Court processing time: 4-6 months (Simplified track) or up to 18 months (Normal track)
- Associated costs vary based on the complexity and duration of the case and range from 1,500-3500 SGD (Simplified track) or 10,000-35,000 SGD (Normal track)
Conclusion
Proper documentation is crucial for a successful international divorce in Singapore. While the process may seem overwhelming, careful preparation and attention to detail will help ensure a smoother legal procedure. Consider working with a qualified legal professional to guide you through the process and verify all documentation requirements are met.
Important Note: Document requirements may vary based on specific circumstances and recent legal changes. Always consult with a qualified legal professional for the most current requirements and guidance specific to your situation.
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