56. The principal Rules are amended by deleting the First Schedule and substituting the following Schedule: | | | (SECTION 94 ORIGINATING SUMMONS FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | ORIGINATING SUMMONS FOR THE DISSOLUTION OF MARRIAGE
PURSUANT TO SECTION 94 OF THE WOMEN’S CHARTER (CAP. 353) |
| | | The Plaintiff applies for the following orders |
| 1. | That the Plaintiff be at liberty to file a writ of summons for dissolution of the marriage notwithstanding that 3 years have not passed since the marriage was registered on [date of registration of marriage]. |
|
| | | [Please specify if any other order(s) is/are sought] |
|
| | *This Summons is taken out by [to state name], solicitor for the abovenamed Plaintiff whose particulars are as follows [to state address]. |
| | *(If the Plaintiff is unrepresented) This Summons is taken out by the abovenamed Plaintiff who resides at [to state address]/(and if the Plaintiff does not reside within the jurisdiction) whose address for service is [to state address]. |
| | *Delete where inapplicable. |
|
|
| | | (NOTICE OF SECTION 94 ORIGINATING SUMMONS FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | NOTICE TO DEFENDANT OF ORIGINATING SUMMONS
FOR THE DISSOLUTION OF MARRIAGE |
| | Take Notice that the Plaintiff has taken out an Originating Summons in court seeking an order that he/she* be at liberty to file a writ of summons for dissolution of the marriage notwithstanding that 3 years have not passed since the date of the marriage. |
| | You are required to complete the acknowledgment below and send it to the Plaintiff’s solicitor/Plaintiff*. |
| | If you wish to be heard on the application, you must attend at the time and place specified on the front cover of the Originating Summons. If you do not attend, the court may proceed to hear the application in your absence and make such order as it thinks just and expedient. |
| | | | I, the Defendant, acknowledge that I have received a copy of the Originating Summons and the affidavit filed in support of the Originating Summons. |
| | | *Delete where inapplicable. |
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|
| | | | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | WRIT FOR
DIVORCE/PRESUMPTION OF DEATH AND DIVORCE/JUDICIAL
SEPARATION/NULLITY OF MARRIAGE/RESCISSION OF JUDGMENT
OF JUDICIAL SEPARATION* |
| | | *Defendant is a person under disability |
| [To state particulars of disability] |
| | | THIS WRIT OF SUMMONS has been issued against you by the Plaintiff in respect of the claim endorsed herein. Copies of the following documents are delivered with this Writ: |
| | | (b) | Statement of Particulars |
|
| | (c) | Acknowledgment of Service |
|
| | (d) | Memorandum of Appearance |
|
| | (e) | Agreed/Proposed* Parenting Plan* |
|
| | (f) | Agreed/Proposed* Matrimonial Property Plan (For Housing Development Board flats only)* |
|
| | (g) | Instructions to the Defendant on obtaining the relevant CPF statement and additional CPF information (if applicable)* |
|
| | [Plaintiff’s Solicitor’s name] |
| [Plaintiff’s Law Firm’s name] |
| Solicitor for the Plaintiff |
| | | This Writ may not be served more than 12 calendar months after the date of its issue unless renewed by order of court. |
| | | 1. | You must complete the following documents which are annexed to this Writ: |
|
| | (a) | the Acknowledgment of Service (Defendant) Form and return it immediately to the Plaintiff’s solicitor or the Plaintiff (if unrepresented). |
|
| | (b) | the Memorandum of Appearance (Defendant) Form (MOA), and file** it in court within 8/21* days from the day on which you have received this Writ. If you do not file the MOA within the time‑frame above, you are NOT entitled to be heard in these proceedings. This means that the court may, without notice to you, proceed to hear the action and pronounce judgment in your absence, and make all further orders in the proceedings without further reference to you. |
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| | 2. | If you intend to defend the Writ, you must file a Defence or a Defence and Counterclaim in court within 22/35* days from the day on which you have received this Writ. You must serve a copy of the said document on the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 2 working days after filing the Defence or Defence and Counterclaim. |
|
| | 3. | *You have been served with a Plaintiff’s Proposed Parenting Plan. You must complete one of the following: |
|
| | (a) | If you agree to the arrangements set out in the Plaintiff’s Proposed Parenting Plan, you should sign the appropriate section in the form set out in Annex A [Defendant’s Agreement (Parenting Plan) Form]. You must return the signed relevant page to the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 22/35* days from the day on which you have received it. |
|
| | (b) | If you do not agree to the arrangements set out in the Plaintiff’s Proposed Parenting Plan, you must file a Defendant’s Proposed Parenting Plan (in the form set out in Annex B) to state your proposed arrangements for the children of the family. Your plan must be filed in court within 22/35* days from the day on which you have received this Notice. If you do so, you must serve a copy of the said document on the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 2 working days after filing it in court. |
|
| | 4. | *You have been served with a Plaintiff’s Proposed Matrimonial Property Plan (for Housing Development Board flats only). You must comply with the following: |
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| | (a) | You must obtain the relevant CPF statements and additional CPF information (if applicable) within 22/35* days from the day on which you have received it. Please read the instructions delivered with this Writ on how to do this. |
|
| | (b) | If you agree to the arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (for Housing Development Board flats only), you should sign the appropriate section in the form set out in Annex A [Defendant’s Agreement (Matrimonial Property Plan) Form]. You must return the said document to the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 14 days from the day on which you have obtained the relevant CPF statements and additional CPF information (if applicable). |
|
| | (c) | If you do not agree to the arrangements set out in the said Plaintiff’s Proposed Matrimonial Property Plan (for Housing Development Board flats only), you must file a Defendant’s Proposed Matrimonial Property Plan to state your proposed arrangements in respect of the matrimonial property. Your plan must be filed in court, within 14 days from the day on which you have obtained the relevant CPF statements and additional CPF information (if applicable). If you do so, you must serve a copy of the said document on the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 2 working days after filing it in court. |
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| | 5. | If you intend to instruct a solicitor to act for you, you should at once give him all the documents which have been served on you, so that he may complete the relevant forms on your behalf within the time specified in paragraphs 1/2/3/4* above. |
|
| | Plaintiff’s Address for Service |
| [The Plaintiff’s address for service, if the Plaintiff sues by a solicitor, shall be the solicitor’s name or firm and address, or, if the Plaintiff sues in person, shall be his place of residence as given under paragraph 2(a) of the Statement of Claim or, if no place of residence in Singapore is given, the address of a place in Singapore at or to which documents for him may be delivered or sent.] |
| | *Delete where inapplicable. |
| | **All references to the filing of documents in court shall refer to filing by using the electronic filing service. |
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|
| | | | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | | | | [Choose one of the following.] |
|
| | (a) | The grounds of the application are set out in the affidavit(s)* filed in support of this application. |
|
| | (b) | The grounds of the application are set out herein. |
|
| | 3. | Party Filing this Summons (e.g. Plaintiff, Defendant, Co-Defendant, etc.) |
|
| | 4. | Party/Parties* to be Served with this Summons (e.g. Plaintiff, Defendant, Co-Defendant, etc.) |
|
| | | I/We* hereby consent to this Summons. |
|
| | | Name and ID No. of Party consenting to this Summons/Name of the Solicitor of Party consenting to this Summons*: |
|
| | This Summons is taken out by [to state name of party taking out this summons] |
| [to state Plaintiff’s solicitor’s name and name and address of law firm (if Plaintiff represented by solicitor) or Plaintiff’s address for service in Singapore] |
| | *Delete where inapplicable. |
|
|
| | | NOTICE OF RENEWAL OF WRIT OF SUMMONS/ORIGINATING
SUMMONS* |
| | Renewed for [to state number] months from [to state date] by an order of court dated [to state date]. |
| | Solicitor for the Plaintiff/Name of Plaintiff (if unrepresented)* |
| Name and address of Law Firm/Address of Plaintiff* |
| | *Delete where inapplicable. |
|
|
| | Rules 7(1)(a) and 11(1)(a)(i) and (b)(i) |
| | (STATEMENT OF CLAIM (DIVORCE/JUDICIAL SEPARATION) FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | STATEMENT OF CLAIM FOR NULLITY*/DIVORCE*/JUDICIAL
SEPARATION*/PRESUMPTION OF DEATH AND DIVORCE* |
| | 1. | The Marriage between Plaintiff and Defendant (the marriage) |
|
| | (a) | Date and place of solemnization of the marriage: |
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| | (b) | Date and place of registration of the marriage: |
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| | (c) | *Marriage Certificate Number (for marriage registered in Singapore): |
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| | (d) | *The date of the marriage is less than 3 years before the date of filing of this Writ. The court has granted leave to the Plaintiff to file this Writ before the said 3 years have passed on [to state date] in Originating Summons Number [to state number]*. |
|
| | | [The Statement of Particulars shall annex a copy of the marriage certificate.] |
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| | | | | | | | | | (b) | Defendant (if particulars are known) |
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| | | | | | | | (c) | The last address at which the parties to the marriage have lived together as husband and wife: |
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| | | | (a) | *The court has jurisdiction based on domicile. [Choose one of the following] |
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| | (i) | The Plaintiff/The Defendant/Both the Plaintiff and the Defendant* is a/are* Singapore citizen(s). |
|
| | (ii) | Neither the Plaintiff nor the Defendant is a Singapore citizen. [The Statement of Particulars shall set out the reasons for which the court has jurisdiction based on domicile.] |
|
| | (b) | *The court has jurisdiction based on habitual residence. [Choose one of the following] |
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| | (i) | The Plaintiff has been habitually resident in Singapore for a period of 3 years immediately preceding the date of the filing of the writ. |
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| | (ii) | The Defendant has been habitually resident in Singapore for a period of 3 years immediately preceding the date of the filing of the writ. |
|
| | | [The Statement of Particulars is to state the relevant details in either case, including: |
|
| | (A) Address(es) of the place(s) of residence; and |
| | (B) The length of residence at each place.] |
| | | (a) | Particulars of each living child of the marriage [To state, in respect of each living child of the marriage] |
|
| | | (ii) | Birth Certificate/ID number: |
|
| | | | | | [If the child is suffering from serious disability or chronic illness or from the effects of that illness, state the nature of the disability or illness and in the Statement of Particulars, attach a copy of any up-to-date medical report which is available.] |
|
| | (vi) | [In the case of a child above the age of 21 years, to state whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation and whether he is suffering from a mental or physical disability and whether he is or will be serving full‑time national service.*] |
|
| | | | [If the child is under the care or custody of an approved school or approved home established under the Children and Young Persons Act (Cap. 38), give details, and state the date of any order for care or custody and the circumstances which gave rise to its being made.] |
|
| | (b) | To state, whether (to the knowledge of the Plaintiff in the case of a writ filed by the husband) any other living child has been born to the wife during the marriage* and if so, to state: |
|
| | (i) | Full name (including surname) and Birth Certificate/ID number of the child: |
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| | | | (c) | To state, if it be the case, that there is a dispute as to whether a living child is a child of the marriage*. |
|
| | | | To state if there are or have been other proceedings in [Singapore/elsewhere (to specify)] with reference to the marriage, or to any children of the marriage, or between the Plaintiff and the Defendant with reference to maintenance or to any property of either or both of them. |
|
| | | If there are or have been such proceedings, to complete the following section: |
|
| | (a) | Nature of the proceedings: [Choose one or more of the following] |
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| | (i) | Matrimonial proceedings; |
|
| | (ii) | Family violence (between the Plaintiff, Defendant and any children of the marriage); |
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| | (iii) | Custody, care and control and/or access to the children of the marriage; |
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| | (iv) | Proceedings in any juvenile or youth court in respect of the children of the marriage; |
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| | (v) | Maintenance (between the Plaintiff, Defendant and any children of the marriage); |
|
| | (vi) | Matrimonial Property; or |
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| | (vii) | Other proceedings which may be relevant to these proceedings (such as bankruptcy proceedings) [please specify]: |
|
| | (b) | Details of the proceedings |
|
| | | [to state in relation to each of the proceedings set out in paragraph 5(a) above] |
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| | | (ii) | The date of any decree or order or judgment: |
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| | (iii) | Decree or order or judgment made: |
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| | (iv) | If no decree or order or judgment has been made, the status of the proceedings: |
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| | (c) | *The Plaintiff is a bankrupt and has obtained the previous sanction of the Official Assignee to commence this action. [The Statement of Particulars shall annex a copy of the document bearing the sanction of the Official Assignee.] |
|
| | (d) | There are bankruptcy proceedings against the Plaintiff/the Defendant/both the Plaintiff and the Defendant* pending as at [to state date, which shall not be later than 7 days immediately preceding the date of filing this Writ]. (Exhibit [to state number]) |
|
| | | [The Statement of Particulars is to state details of the pending bankruptcy proceedings.] |
|
| | 6. | Ground on which Relief is Sought [Choose one of the following] |
|
| (a) | *(For marriages that took place after 1st June 1981) The marriage is not valid under section 105 of the Women’s Charter: [Choose one or more of the following] |
|
| | (i) | by virtue of section 3(4)/5/9/10/11/12/22* of the Women’s Charter |
|
| | (ii) | (for marriages celebrated outside Singapore) for the lack of capacity |
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| | (iii) | (for marriages celebrated outside Singapore) under the law of the place in which the marriage was celebrated. |
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| | (b) | *(For marriages that took place on or before 1st June 1981) The marriage is not valid for the reasons stated in the Statement of Particulars. |
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| | | | (a) | *(For marriages that took place after 1st June 1981) The marriage is voidable under section 106 of the Women’s Charter on the following ground(s): [Choose one or more of the following] |
|
| | (i) | That the marriage has not been consummated owing to the incapacity of either party [please specify] to consummate it. |
|
| | (ii) | That the marriage has not been consummated owing to the wilful refusal of the Defendant to consummate it. |
|
| | (iii) | That the Plaintiff/Defendant* did not validly consent to the marriage, in consequence of duress and/or mistake* and/or unsoundness of mind/lack of capacity* and/or the facts stated in the Statement of Particulars [please specify in the Statement of Particulars]. |
|
| | (iv) | That at the time of the marriage the Plaintiff/Defendant* though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act (Cap. 178A) of such a kind or to such an extent as to be unfit for marriage. |
|
| | (v) | That at the time of the marriage the Defendant was suffering from venereal disease in a communicable form, and the Plaintiff was at the time of the marriage ignorant of the facts alleged. |
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| | (vi) | That at the time of the marriage the Defendant was pregnant by some person other than the Plaintiff and the Plaintiff was at the time of the marriage ignorant of the facts alleged. |
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| | (b) | *(For marriages that took place on or before 1st June 1981) The marriage is voidable for the reasons stated in the Statement of Particulars. |
|
| | [Full particulars of the individual facts relied on but not the evidence by which they are to be proved, and any other relevant information, to be stated in the Statement of Particulars.] |
|
| | | The marriage has broken down irretrievably* |
| | | Fact(s) relied upon for the irretrievable breakdown of the marriage (for the purposes of section 95(3) of the Women’s Charter): [Choose one or more of the following] |
|
| | (a) | That the Defendant has committed adultery and the Plaintiff finds it intolerable to live with the Defendant. |
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| | (b) | That the Defendant has behaved in such a way that the Plaintiff cannot reasonably be expected to live with the Defendant. |
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| | (c) | That the Defendant has deserted the Plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ. |
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| | (d) | That the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the Defendant consents to a judgment being granted. [The Statement of Particulars is to annex a copy of the Defendant’s consent if available.] |
|
| | (e) | That the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ. |
|
| | | [Full particulars of the individual facts relied on but not the evidence by which they are to be proved, and any other relevant information, to be stated in the Statement of Particulars.] |
|
| | | That the Defendant be presumed dead and the divorce be granted* |
| | (a) | Circumstances in which Parties Ceased to Cohabit |
|
| | | [To state the circumstances in which the parties ceased to cohabit, and the last place at which they cohabited.] |
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| | (b) | Last Contact with Defendant |
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| | (i) | Date when the Defendant was last heard of: |
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| | (ii) | Place where the Defendant was last seen: |
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| | (c) | Steps Taken to Trace the Defendant |
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| | | [To state particulars of steps taken to trace the Defendant and any other relevant information in the Statement of Particulars.] |
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| | | In the circumstances, from [to state date] until now, the Defendant has been continually absent from the marriage life with the Plaintiff and the Plaintiff has no reason to believe that the Defendant has been living within this time. |
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| | | | To state the particulars of relief claimed by the Plaintiff, including any claim for ancillary relief. [Choose one or more of the following] |
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| | (a) | That the marriage be declared null and void*. |
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| | | | That the marriage be dissolved*. |
|
| | | | That a judgment of judicial separation be granted*. |
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| | | | That a judgment of presumption of death and divorce be granted*. |
|
| | (b) | Custody* of and/or care and control* of the child/children* of the marriage |
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| | | That the Plaintiff/Defendant* be granted sole/joint* custody of the child/children* of the marriage with care and control to the Defendant/Plaintiff*. |
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| | (c) | Access to the child/the children* of the family |
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| | | That the Plaintiff/Defendant* be granted reasonable/liberal* access to the child/children* of the marriage or access as follows: [to state terms of access] |
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| | (d) | Division of the matrimonial home |
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| | | That the matrimonial home at [to state the address of the matrimonial home] be sold in the open market and the sale proceeds/loss*, after deducting the outstanding loan and costs and expenses of sale are to be divided [to state the manner of division]. Parties are to refund moneys into their respective CPF accounts from their own share of the sale proceeds. |
|
| | | | That Plaintiff’s/Defendant’s* right, title and interest in the matrimonial flat at [to state the address of the matrimonial home] shall be transferred (other than by way of a sale) to the Defendant/Plaintiff* upon the Plaintiff/Defendant* [to state the consideration for the transfer]. The Plaintiff/Defendant* is to bear the cost and expenses of the transfer. |
|
| | | | That Plaintiff’s/Defendant’s* right, title and interest in the matrimonial flat at [to state the address of the matrimonial home] shall be sold to the Defendant/Plaintiff* upon the Plaintiff/Defendant* [to state the consideration for the sale]. The Plaintiff/Defendant* is to bear the cost and expenses of the sale. |
|
| | | | That the matrimonial home at [to state the address of the matrimonial home] be surrendered to the Housing Development Board and any proceeds/loss* to be divided [to state the manner of division] between the parties. |
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| | | | (e) | Division of the matrimonial assets (other than the matrimonial home) |
|
| | | [To specify the asset and the nature of division] |
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| | (f) | Maintenance for the wife |
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| | | That the Plaintiff/Defendant* shall pay $[to state the amount] each month as maintenance for the Plaintiff/Defendant* with effect from [date] and thereafter on the [day of the month] of each month. Payment into the Plaintiff’s/Defendant’s [to state name of bank] bank account number [to state the bank account number]. |
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| | | | That there be no maintenance for Plaintiff/Defendant*. |
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| | | | (g) | Maintenance for the child/children* of the marriage |
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| | | That the Plaintiff/Defendant* shall pay $[to state the amount] each month as maintenance for the child/children* of the marriage with effect from [date] and thereafter on the [day of the month] of each month. Payment into the Plaintiff’s/Defendant’s/Child’s [to state the name of the child] [to state name of bank] bank account number [to state the bank account number]. |
|
| | | | That there is no order as to costs. |
|
| | | | That the Defendant pay costs of the divorce proceedings fixed at |
|
| | | [to state amount of costs]. |
|
| | (i) | Others [please specify]: |
|
| | 8. | Housing and Development Board (HDB) flat |
|
| | | One of the matrimonial assets in respect of which relief is being sought is an HDB flat. |
|
| | (a) | The Agreed/Proposed* Matrimonial Property Plan (For Housing and Development Board flats only) is filed together with this Writ. |
|
| | (b) | The Plaintiff/Plaintiff’s Solicitor* has made enquiries with HDB/HDB and the Central Provident Fund Board (CPFB)* on
[to set out respective dates] and has not received any reply from HDB/CPFB/HDB and CPFB*. [The Statement of Particulars shall annex copies of the said letters.] |
|
| | *Delete where inapplicable. |
|
|
| | Rules 7(1)(a) and 11(1)(a)(i) and (b)(i) |
| (STATEMENT OF CLAIM (RESCISSION OF JUDGMENT OF JUDICIAL
SEPARATION) FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | STATEMENT OF CLAIM FOR THE RESCISSION OF JUDGMENT OF
JUDICIAL SEPARATION (BY SPOUSE AGAINST WHOM JUDGMENT
OF JUDICIAL SEPARATION IS MADE) |
| | 1. | Proceedings in which the Plaintiff is seeking the Rescission of Judgment of Judicial Separation |
|
| | (a) | Petition/Divorce Suit* Number: |
|
| | (b) | Date of Grant of Judgment of Judicial Separation: |
|
| | 2. | Grounds for Rescission of Judgment of Judicial Separation |
|
| | (a) | *Judgment of Judicial Separation obtained in the absence of the Plaintiff. |
|
| | (b) | *The ground of the Judgment of Judicial Separation was desertion and the Plaintiff had reasonable cause for the alleged desertion. |
|
| | | [Full particulars of the individual facts relied on but not the evidence by which they are to be proved, together with any other relevant information, to be stated in the Statement of Particulars.] |
|
| | | | To state the particulars of relief claimed by the Plaintiff, including any claim for ancillary relief. |
|
| | (a) | That the Judgment of Judicial Separation be rescinded |
|
| | | (c) | Others [please specify]: |
|
| | *Delete where inapplicable. |
|
|
| | Rules 7(1)(b) and 11(1)(a)(ii) and (b)(ii) |
| | (STATEMENT OF PARTICULARS FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | | 1. | The particulars of paragraph(s) [to state the relevant paragraphs] of the Statement of Claim are set out below: |
|
| | 2. | *If there are any pending bankruptcy proceedings stated in paragraph 5 of the Statement of Claim, to state the following particulars of the bankruptcy proceedings: |
|
| | | (b) | Whether creditor’s bankruptcy application or debtor’s bankruptcy application: |
|
| | | (d) | Amount of debt claimed: |
|
| | (e) | Status of proceedings: |
|
| | 3. | The following documents are annexed herein: |
|
| | (a) | Copy of the Marriage Certificate (Exhibit [to state number]) |
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| | (b) | *Consent of the Defendant to a judgment being granted on the ground of 3 years’ separation (Exhibit [to state number]) |
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| | (c) | Copy of the search result on information relating to bankruptcy proceedings against the Plaintiff and the Defendant pending as at (to state date, which shall not be later than 7 days immediately preceding the date of filing of this Writ]. (Exhibit [to state number]) |
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| | (d) | *Sanction of the Official Assignee to the Plaintiff’s commencement of the action* (Exhibit [to state number]) |
|
| | (e) | *Any other document(s) [please specify] (Exhibit [to state number]) |
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| | 4. | The Plaintiff is aware of*, or has been informed by the solicitor acting for him about*, the options of family mediation or counselling, before filing the writ. |
|
| | Name of Plaintiff/Plaintiff’s Solicitor* |
| | *Delete where inapplicable. |
|
|
| | | (AGREED PARENTING PLAN FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | | 1. | Particulars of the child/children* of the Marriage |
|
| | | [to state, in respect of each child]: |
|
| | | (b) | Birth Certificate/ID Number: |
|
| | 2. | Agreement in Respect of Arrangements for the child/children* |
|
| (a) | The following arrangements have been agreed for the children: |
|
| | | [to state, in respect of each child] |
|
| | (i) | Residence [state where the child is to live with particulars of accommodation and what other persons live there, with their names and relationship to the child stated] |
|
| | (ii) | Care giver [state who is to look after the child during the day, at night, during weekends and school holidays] |
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| | (iii) | Education, etc. [state the school or other educational establishment which the child will attend, or if he is working, his place of employment, the nature of his work and details of any training he will receive] |
|
| | | | I am seeking, with the Defendant’s consent, the following orders to be made by the court: |
|
| | (i) | [Set out details of any agreement between parties regarding custody, care and control of and access to the children of the marriage. |
|
| | If orders for split care and control of the children of the marriage are being sought, e.g. for care and control of one child to be granted to one parent, and for care and control of the other child to be granted to the other parent, to set out the reasons why such orders for split care and control are in the best interests of the children of the marriage in an affidavit, which should be attached to this Parenting Plan] |
|
| | (ii) | [Set out details of any agreement between parties regarding maintenance for the children of the marriage] |
|
| | | | [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] |
|
| | (a) | I, the Defendant, agree with the arrangements set out in this paragraph. |
|
| | | | | | | Signed by the Defendant before me, a Commissioner for Oaths: |
|
| | (b) | The Defendant agrees with the arrangements set out in this paragraph. |
|
| | | Signed on behalf of the Defendant by the Defendant’s solicitor: |
|
| | Signed (Plaintiff/Plaintiff’s Solicitor*): |
| | *Delete where inapplicable. |
|
|
| | | (PLAINTIFF’S PROPOSED PARENTING PLAN FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | PLAINTIFF’S PROPOSED PARENTING PLAN |
| | 1. | Particulars of the Child/Children* of the Marriage |
|
| | | [to state, in respect of each child]: |
|
| | | (b) | Birth Certificate/ID Number: |
|
| | | | The current arrangements for the child/children* of the marriage are as follows: |
|
| | | [to state, in respect of each child] |
|
| | (a) | Residence [state where the child is currently living with particulars of accommodation and what other persons live there, with their names and relationship to the child stated] |
|
| | (b) | Care arrangements (this section need not be completed if the child is already working at the present time) |
|
| | (i) | *If the child is presently not attending school on a daily basis, to complete the following section: |
|
| | (A) | Are both parents working? |
|
| | (B) | Who looks after the child during the day and at night? |
|
| | | (i.e. father/mother/maid/elder siblings/relatives [to specify nature of relationship to the child]/a combination of the above/others [to specify]*) |
|
| | (C) | Where is the child cared for during the day and at night? |
|
| | | (i.e. at the matrimonial home/childcare centre/babysitter/relative’s home [to specify nature of person’s relationship to the child]/others [to specify]*) |
|
| | (D) | For how long has this arrangement been in place? |
|
| | | [State estimated period of time, i.e. from which date till the present date] |
|
| | (ii) | *If child is presently attending school on a daily basis, to state: |
|
| | (A) | The child’s school hours. |
|
| | (B) | Where and by whom is the child being cared for before and after school hours? |
|
| | (iii) | *Where parties are no longer residing at the same address, to state: |
|
| | (A) | Who is the parent who does NOT live with the child (the non-custodial parent)? |
|
| | (B) | When was the last time the non-custodial parent visited the child? |
|
| | (C) | How often does the non-custodial parent visit the child? |
|
| | (D) | Does the child sometimes stay overnight with the non‑custodial parent? |
|
| | (c) | Education/Employment* [state the school or other educational establishment which the child has been and is currently attending, or if he is working, his place of employment, the nature of his work and details of any training he is receiving] |
|
| | (d) | Financial provision [state who has been and is presently supporting the child or contributing to his support and the extent thereof] |
|
| | (e) | Access [state what are the current arrangements for access and the extent to which access has been given] |
|
| | (f) | Other relevant information |
|
| | | [State any other information which is relevant to the matters concerning the arrangements for the child, for example, whether the Plaintiff or Defendant is suffering from any physical or mental disability, whether the Plaintiff or Defendant has any previous convictions and if so, the nature of the conviction, and whether the Plaintiff or Defendant has been committed to a drug rehabilitation centre and if so, when and for how long.] |
|
| | | | The proposed arrangements for the child/children* of the marriage are as follows: |
|
| | | [State, in respect of each child, for those matters which have not been agreed] |
|
| | (a) | Residence [state where the child is to live with particulars of accommodation and what other persons live there, with their names and relationship to the child stated] |
|
| | (b) | Care giver [state who is to look after the child during the day, at night, during weekends and school holidays] |
|
| | (c) | Education, etc. [state the school or other educational establishment which the child will attend, or if he is working, his place of employment, the nature of his work and details of any training he will receive] |
|
| | | | I am seeking the following orders to be made by the court: |
|
| | (a) | [Set out details of any orders sought regarding custody, care and control of and access to the children of the marriage. |
|
| | If orders for split care and control of the children of the marriage are being sought, e.g. for care and control of one child to be granted to one parent, and for care and control of the other child to be granted to the other parent, to set out the reasons why such orders for split care and control are in the best interests of the children of the marriage.] |
|
| | (b) | [Set out details of any orders sought regarding maintenance for the children of the marriage.] |
|
| | I confirm that all the matters set out in this Proposed Parenting Plan are true and correct. |
| | | *Delete where inapplicable. |
| | [Attach Annexes A and B to this form on separate pages.] |
| Annex A — Defendant’s Agreement (Parenting Plan) Form |
| Annex B — Defendant’s Proposed Parenting Plan Form |
|
|
| | | (AGREED MATRIMONIAL PROPERTY PLAN FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | AGREED MATRIMONIAL PROPERTY PLAN
(FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) |
| | 1. | Particulars of the Property |
|
| | (a) | Address of matrimonial property (the Flat): |
|
| | (b) | Sales Registration Number* [if there is only an Agreement for Lease and the buyers have not taken possession of the flat]: |
|
| | | (d) | Names of permitted occupiers and relationship with each lessee: |
|
| | (e) | Sole tenancy/Joint tenancy/Tenancy in common [please specify shares]*: |
|
| | (f) | Type of flat [i.e. whether 3-room, 4-room, 5-room, Executive, etc.]: |
|
| | | The parties’ agreement with respect to the Flat is as follows: |
| | [Choose one of the following] |
| | (a) | Option 1: The Flat will be surrendered to the HDB. |
|
| | (b) | Option 2: The Agreement for Lease with the HDB will be terminated. |
|
| | (c) | Option 3: The Flat will be sold in the open market. |
|
| | (d) | Option 4: The Plaintiff’s share in the Flat will be sold/transferred* to: |
|
| | | (ii) | The Defendant and [state name and relationship with the Defendant] |
|
| | (iii) | [state name and relationship with the Plaintiff/the Defendant] |
|
| | (e) | Option 5: The Defendant’s share in the Flat will be sold/transferred* to: |
|
| | (ii) | The Plaintiff and [state name and relationship with the Plaintiff] |
|
| | (iii) | [state name and relationship with the Defendant/the Plaintiff] |
|
| | (f) | Option 6: Others [please state brief details] |
|
| | | Particulars of the agreement are attached as Annex [to state number]. |
|
| | | [To fill in the details of Option 1, 2, 3, 4, 5 or 6 as set out in Form 32, and to attach only the relevant pages to this form.] |
|
| | | | [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] |
|
| | (a) | I, the Defendant, agree with the arrangements set out in this paragraph. |
|
| | | | | | | Signed by the Defendant before me, a Commissioner for Oaths: |
|
| | (b) | The Defendant agrees with the arrangements set out in this paragraph. |
|
| | | Signed on behalf of the Defendant by the Defendant’s solicitor: |
|
| | 4. | HDB’s Approval for Option |
|
| | | The agreed arrangements between parties have been approved by the HDB. |
|
| | | | The relevant CPF statement and additional CPF information (if applicable) of each party are annexed to this plan as Annex [to state number]. |
|
| | Signed (Plaintiff/Plaintiff’s Solicitor*): |
| | *Delete where inapplicable. |
|
|
| | | (PLAINTIFF’S PROPOSED MATRIMONIAL PROPERTY PLAN FORM) |
| | IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | PLAINTIFF’S PROPOSED MATRIMONIAL PROPERTY PLAN
(FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) |
| | 1. | Particulars of the Property |
|
| | (a) | Address of matrimonial property (the Flat): |
|
| | (b) | Sales Registration Number*: [if there is only an Agreement for Lease and the buyers have not taken possession of the flat]: |
|
| | | (d) | Names of permitted occupiers and relationship with each lessee: |
|
| | (e) | Sole tenancy/Joint tenancy/Tenancy in common [please specify shares]*: |
|
| | (f) | Type of flat [i.e. whether 3-room, 4-room, 5-room, Executive, etc.]: |
|
| | (g) | Date of purchase of flat: |
|
| | (h) | Purchase price of flat: |
|
| | | (a) | Payments made by each lessee towards the purchase of the Flat. |
|
| | | [To state in respect of each lessee] |
|
| | (i) | Initial capital payment [to state whether in Central Provident Fund (CPF) moneys or cash]: |
|
| | (ii) | Conveyancing, stamp, registration and administrative fees [to state whether in CPF moneys or cash]: |
|
| | (iii) | Instalments per month [to state whether in CPF moneys or cash]: |
|
| | (iv) | Indirect contributions: |
|
| | (b) | Amount of loan granted by the HDB/Financial institution: |
|
| | (c) | Amount of outstanding loan due to the HDB/Financial institution as at date of reply to enquiry from the HDB/Financial institution, i.e. [to state exact date]: |
|
| | (d) | The relevant CPF statements and additional CPF information (if applicable) dated [to state date] are annexed to this plan as Annex [to state number]. |
|
| | (e) | *(For Plaintiffs who are above the age of 55) I am/The Plaintiff is* above the age of 55 years and the amount required to be refunded into my/his/her* CPF account in the event of a sale of the flat/transfer in ownership of the flat: |
|
| | (f) | Amount of CPF Housing grant credited to Lessee’s CPF account [to state in respect of each lessee]: |
|
| | | | | (g) | Parties are required/not required* to surrender the Flat to the HDB. [If parties are required to surrender the Flat to the HDB, state the estimated surrender value of the Flat (if known)] |
|
| | (h) | Parties are eligible/not eligible* to sell the Flat on the open market. [If parties are not eligible to sell the Flat on the open market, state the reasons why]. |
|
| | (i) | Parties are liable/not liable* to pay resale levy, upgrading levy or other moneys to the HDB. [If parties are liable to pay the resale levy, etc., to state the amount of moneys payable.] |
|
| | | The estimated value of the Flat is: [to state estimated value of the Flat and the basis of the valuation] |
|
| | (k) | Plaintiff’s proposal with respect to the Flat |
|
| | | The Plaintiff’s proposal with respect to the Flat is as follows: |
|
| | | (Choose one or more of the following options. If more than one option is chosen, state the order of preference in brackets beside the option.) |
|
| | (i) | Option 1: The Flat will be surrendered to the HDB. |
|
| | (ii) | Option 2: The Agreement for Lease with the HDB will be terminated. |
|
| | (iii) | Option 3: The Flat will be sold in the open market. |
|
| | (iv) | Option 4: The Plaintiff’s share in the Flat will be sold/transferred* to: |
|
| | | (B) | The Defendant and [state name and relationship with the Defendant] |
|
| | (C) | [state name and relationship with the Plaintiff/the Defendant] |
|
| | (v) | Option 5: The Defendant’s share in the Flat will be sold/transferred* to: |
|
| | | (B) | The Plaintiff and [state name and relationship with the Plaintiff] |
|
| | (C) | [state name and relationship with the Defendant/the Plaintiff] |
|
| | (vi) | Option 6: Others [please state brief details] |
|
| | | Particulars of my/the Plaintiff’s* proposal (for each option selected) are attached as Annex [to state number]. [To fill in Option 1, 2, 3, 4, 5 or 6 as set out in Form 32, and to attach only the relevant pages to this form.] |
|
| | | | I confirm/The Plaintiff confirms* that enquiries have been made with the HDB/HDB and the Central Provident Fund Board (CPFB)* on [to state date], and that the contents of this document are a true and accurate reflection of the replies from the HDB/CPFB/HDB and CPFB* which I have/the Plaintiff has* received pursuant to the said enquiries, on [to state date]. |
|
| | Signature (Plaintiff/Plaintiff’s Solicitor*): |
| | *Delete where inapplicable. |
| | [Attach Annexes A and B to this form on separate pages.] |
| Annex A — Defendant’s Agreement (Matrimonial Property Plan) Form |
| Annex B — Defendant’s Proposed Matrimonial Property Plan Form |
| |
|
| | Rules 9(1)(a) and (b) and 18(11)(a) and (b) |
| | (PARTICULARS OF HOUSING ARRANGEMENT FORM) |
| | PARTICULARS OF ARRANGEMENTS FOR HOUSING |
| | | | Particulars of Proposed/Agreed* Arrangements for Housing |
| | Housing and Development Board (HDB) Flat — List of Options |
| | Select one or more options and complete the details in the following pages for the option(s) selected. |
| | | Option 1: The flat will be surrendered to the HDB. |
| | | Option 2: The Agreement for Lease with the HDB will be terminated. |
| | | Option 3: The flat will be sold in the open market. |
| | | Option 4: The Plaintiff’s share in the flat will be sold/transferred* to: |
| | | | | | | the Defendant and a third party |
| | | | | | Option 5: The Defendant’s share in the flat will be sold/transferred* to: |
| | | | | | | the Plaintiff and a third party |
| | | | | | | | | | | _______________________
Plaintiff* |
| | _______________________
Defendant* |
| | | | | *Delete where inapplicable. |
|
|
| Option 1: The flat will be surrendered to the HDB. |
| | 1. | The compensation for the surrender of the flat will be used to [please tick if applicable]: |
|
| | | | | (a) | repay the outstanding HDB mortgage loan and all moneys due to the HDB. |
|
| | | | | (b) | refund the Plaintiff’s CPF moneys used for the flat and the accrued interest*. |
|
| | | | | (c) | refund the Defendant’s CPF moneys used for the flat and the accrued interest*. |
|
| | | | | (d) | others [please specify] _____________________________. |
|
| | 2. | [If 1(a) above is not selected and there is an outstanding mortgage loan or moneys due to the HDB]. The outstanding mortgage loan or moneys due to the HDB will be borne by: |
|
| | | | | | | | | | | | 3. | If 1(b) or (c) above is not selected and the CPF moneys of the Plaintiff and/or the Defendant have been used for the flat [please tick if applicable]: |
|
| | | | | (a) | The Plaintiff/The Defendant* will refund the Plaintiff’s CPF moneys used for the flat and the accrued interest. |
|
| | | | | (b) | The Plaintiff/The Defendant* will refund the Defendant’s CPF moneys used for the flat and the accrued interest. |
|
| | 4. | The conveyancing, stamp, registration and administrative fees of the surrender will be borne by: |
|
| | | | | | | | | | | | 5. | The balance or shortfall will be divided in the following manner: |
|
| | | | | | | | | | | | | | | | | | The parties will apply to the HDB to surrender the flat: |
| | | | by [please specify the date] ____________________; |
| | | | within ________ weeks/months of the order of court on the HDB flat; |
| | | | within ________ weeks/months of the grant of the Final Judgment; |
| | | | others [please specify] ___________________________________. |
| | | | _____________________
Plaintiff* |
| | _______________________
Defendant* |
| | | | | *Delete where inapplicable. |
|
|
| Option 2: The Agreement for Lease will be terminated. |
| | 1. | The deposit to be refunded by the HDB will be used to [please tick if applicable]: |
|
| | | | (a) | pay all moneys due to the HDB. |
|
| | | | (b) | refund the Plaintiff’s CPF moneys used for the flat and the accrued interest*. |
|
| | | | (c) | refund the Defendant’s CPF moneys used for the flat and the accrued interest*. |
|
| | | | (d) | others [please specify] _____________________________. |
|
| | 2. | [If 1(a) above is not selected and there are moneys due to the HDB]. The moneys due to the HDB will be borne by: |
|
| | | | | | | | | | 3. | If 1(b) or (c) above is not selected and the CPF moneys of the Plaintiff and/or the Defendant have been used for the flat [please tick if applicable]: |
|
| | | | (a) | The Plaintiff/The Defendant* will refund the Plaintiff’s CPF moneys used for the flat and the accrued interest. |
|
| | | | (b) | The Plaintiff/The Defendant* will refund the Defendant’s CPF moneys used for the flat and the accrued interest. |
|
| | 4. | The conveyancing, stamp, registration and administrative fees of the termination of the Agreement for Lease will be borne by: |
|
| | | | | | | | | | 5. | The balance or shortfall will be divided in the following manner: |
|
| | | | | | | | | | | | | | | The parties will apply to the HDB to terminate the Agreement for Lease: |
| | | | by [please specify the date] ____________________; |
| | | | within _____ weeks/months of the order of court on the HDB flat; |
| | | | within _____ weeks/months of the grant of the Final Judgment; |
| | | | others [please specify] __________________________________. |
| | | | | | | _____________________
Plaintiff* |
| | _______________________
Defendant* |
| | | | | *Delete where inapplicable. |
|
|
| Option 3: The flat will be sold in the open market. |
| | 1. | The selling price shall be determined in the following manner [please tick where appropriate]: |
|
| | | | | | | Not lower than $____________; |
| | | | Not lower than __________% of the valuation and the valuation is to be determined by: |
| | | | | A valuer appointed by the HDB on a loan basis; |
| | | | | Others [please specify] ___________________________on: |
| | | | | | | | | | | | | | | | others [please specify] _________________________. |
| | 2. | The sale proceeds will be used to [please tick if applicable]: |
|
| | | | (a) | repay the outstanding mortgage loan; |
|
| | | | (b) | pay all moneys due to the HDB (including resale levy and upgrading levy, if applicable, but excluding the conveyancing, stamp, registration and administrative fees of the sale); |
|
| | | | (c) | refund the Plaintiff’s CPF moneys used for the flat and the accrued interest*; |
|
| | | | (d) | refund the Defendant’s CPF moneys used for the flat and the accrued interest*; |
|
| | | | (e) | others [please specify] _____________________________. |
|
| | 3. | If 2(a) or (b) above is not selected and there is an outstanding mortgage loan or moneys due to the HDB [please tick if applicable]: |
|
| | | | The outstanding mortgage loan will be repaid by: |
| | | | | | | | | | | | The moneys due to the HDB will be repaid by: |
| | | | | | | | | | 4. | If 2(c) or (d) above is not selected and the CPF moneys of the Plaintiff and/or the Defendant have been used for the flat [please tick if applicable]: |
|
| | | | (a) | The Plaintiff/The Defendant* will refund the Plaintiff’s CPF moneys used for the flat and the accrued interest. |
|
| | | | (b) | The Plaintiff/The Defendant* will refund the Defendant’s CPF moneys used for the flat and the accrued interest. |
|
| | 5. | The conveyancing, stamp, registration and administrative fees of the sale will be borne by: |
|
| | | | | | | | | | 6. | The balance of the proceeds/shortfall will be divided in the following manner: |
|
| | | | | | | | | | | | | | | The parties will apply to the HDB to sell the flat in the open market: |
| | | | by [please specify the date] ____________________; |
| | | | within _____ weeks/months of the order of court on the HDB flat; |
| | | | within _____ weeks/months of the grant of the Final Judgment; |
| | | | others [please specify] __________________________________. |
| | | | | | | _____________________
Plaintiff* |
| | _______________________
Defendant* |
| | | | | *Delete where inapplicable. |
|
|
| Option 4: The Plaintiff’s share in the flat will be sold/transferred* to the Defendant and/or other(s). |
| | 1. | The sale/transfer* is [please tick one]: |
|
| | | | with no cash consideration. |
| | | | with cash consideration and the Defendant will pay the Plaintiff [please tick where applicable]: |
| | | | | | | | | __________% of the net value: |
| | | | | | $_________________/the valuation/others [please specify]* _______________ less the following: |
|
| | | | | | | Plaintiff’s CPF moneys used for the flat; |
| | | | | | | Plaintiff’s accrued interest on CPF moneys used; |
| | | | | | | Defendant’s CPF moneys used for the flat; |
| | | | | | | Defendant’s accrued interest on CPF moneys used; |
| | | | | | | the amount of outstanding mortgage loan; |
| | | | | | | the moneys due to the HDB; |
| | | | | | | the conveyancing, stamp, registration and administrative fees of the sale/transfer*; |
| | | | | | | others [please specify] ______________________. |
| | | | | (b) | *the valuation is to be determined by: |
|
| | | | | | | a valuer appointed by the HDB on a loan basis; |
| | | | | | | others [please specify] ___________________ on: |
| | | | | | | | | | | | | | | | | | | | | | others [please specify] _________________. |
| | | | The Plaintiff/Defendant* will refund the Plaintiff’s CPF moneys used for the flat. |
| | | | The Plaintiff/Defendant* will refund the accrued interest on the Plaintiff’s CPF moneys used for the flat. |
| | 3. | The outstanding mortgage loan will be borne by: |
|
| | | | | | | | | | 4. | All moneys due to the HDB, if any, will be borne by: |
|
| | | | | | | | | | 5. | The conveyancing, stamp, registration and administrative fees of the sale/transfer* will be borne by: |
|
| | | | | | | | | | 6. | Other details [please specify] ________________________. |
|
| | | | The parties will apply to the HDB to sell or transfer the Plaintiff’s share in the flat: |
| | | | by [please specify the date] ____________________; |
| | | | within _____ weeks/months of the order of court on the HDB flat; |
| | | | within _____ weeks/months of the grant of the Final Judgment; |
| | | | others [please specify] _________________________________. |
| | | | | | | _____________________
Plaintiff* |
| | _______________________
Defendant* |
| | | | | *Delete where inapplicable. |
|
|
| Option 5: The Defendant’s share in the flat will be sold/transferred* to the Plaintiff and/or other(s). |
| | 1. | The sale/transfer* is [please tick one]: |
|
| | | | with no cash consideration. |
| | | | with cash consideration and the Plaintiff will pay the Defendant [please tick where applicable]: |
| | | | | | | | | __________% of the net value: |
| | | | | | $____________/the valuation/others [please specify]* ___________________ less the following: |
|
| | | | | | | Plaintiff’s CPF moneys used for the flat; |
| | | | | | | Plaintiff’s accrued interest on CPF moneys used; |
| | | | | | | Defendant’s CPF moneys used for the flat; |
| | | | | | | Defendant’s accrued interest on CPF moneys used; |
| | | | | | | the amount of outstanding mortgage loan; |
| | | | | | | the moneys due to the HDB; |
| | | | | | | the conveyancing, stamp, registration and administrative fees of the sale/transfer*; |
| | | | | | | others [please specify] ______________________. |
| | | | | (b)* | the valuation is to be determined by: |
|
| | | | | | | a valuer appointed by the HDB on a loan basis; |
| | | | | | | others [please specify] ____________________ on: |
| | | | | | | | | | | | | | | | | | | | | | others [please specify] __________________. |
| | | | The Plaintiff/Defendant* will refund the Defendant’s CPF moneys used for the flat. |
| | | | The Plaintiff/Defendant* will refund the accrued interest on the Defendant’s CPF moneys used for the flat. |
| | 3. | The outstanding mortgage loan will be borne by: |
|
| | | | | | | | | | | | | | 4. | All moneys due to the HDB, if any, will be borne by: |
|
| | | | | | | | | | | | | | 5. | The conveyancing, stamp, registration and administrative fees of the sale/transfer* will be borne by: |
|
| | | | | | | | | | | | | | 6. | Other details [please specify] ________________________________. |
|
| | | | The parties will apply to the HDB to sell or transfer the Defendant’s share in the flat: |
| | | | by [please specify the date] ____________________; |
| | | | within _____ weeks/months of the order of court on the HDB flat; |
| | | | within _____ weeks/months of the grant of the Final Judgment; |
| | | | others [please specify] ________________________________. |
| | | | | | | _____________________
Plaintiff* |
| | _______________________
Defendant* |
| | | | | *Delete where inapplicable. |
|
|
| | Please state the full details of the agreement. |
| | | The parties will apply to the HDB to surrender/sell in the open market/sell or transfer a party’s share in* the flat: |
| | | | by [please specify the date] ____________________; |
| | | | within _______ weeks/months of the order of court on the HDB flat; |
| | | | within _______ weeks/months of the grant of the Final Judgment; |
| | | | others [please specify] ________________________________. |
| | | | _____________________
Plaintiff* |
| | _______________________
Defendant* |
| | | | | *Delete where inapplicable. |
|
|
| Rules 11(1)(a)(iii), (2) and (4),
12(1B) and 13(b)(ii) |
| | (ACKNOWLEDGMENT OF SERVICE (DEFENDANT) FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | ACKNOWLEDGMENT OF SERVICE (DEFENDANT) |
| | 1. | I acknowledge that I am [state name] |
|
| | 2. | I acknowledge that I have received the following documents: [Choose one or more of the following] |
|
| | | | (c) | Statement of Particulars |
|
| | (d) | Agreed/Proposed* Parenting Plan (By Plaintiff)* |
|
| | (e) | Agreed/Proposed* Matrimonial Property Plan (By Plaintiff)* |
|
| | (f) | Other documents [please specify] |
|
| | | (Collectively, the documents) |
|
| | 3. | I received the documents on [to state date] at [to state address] |
|
| | | *Delete where inapplicable. |
|
|
| Rules 11(1)(a)(iv), 16(2)(a) and (3)(a)
and 18(1), (4), (8)(c) and (9) |
| | (MEMORANDUM OF APPEARANCE (DEFENDANT) FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | MEMORANDUM OF APPEARANCE (DEFENDANT) |
| | 1. | I am the Defendant and I intend/do not intend* to defend the action. |
|
| | | | I received the Writ of Summons (Writ) and Statement of Claim on [to state date] at [to state address]: |
|
| | 2. | *The Statement of Claim alleges that there has been 3 years’ separation and that you the Defendant consent to a judgment being granted. I consent/do not consent* to a judgment being granted. |
|
| | | (Note: Before you answer this question, you should understand that — |
|
| | (a) | if the Plaintiff satisfies the court that the Plaintiff and you have lived apart for 3 years immediately before the filing of the Writ and that you consent to a judgment being granted, the court will grant one unless it considers that the marriage has not broken down irretrievably; and |
|
| | (b) | a final judgment will end your marriage and may have consequences in your case depending on your particular circumstances. If you are unsure about the consequences, you should consult a lawyer. |
|
| | If after consenting you wish to withdraw your consent, you must immediately inform the court and give notice to the Plaintiff.) |
|
| | 3. | *The Plaintiff is also making various claims for relief in this Writ. I wish to be heard on all these claims/some of these claims*. |
|
| | | (To choose one or more of the following, circle the relevant item(s)) |
|
| | (a) | Custody* of and/or care and control* of the child/children* of the marriage |
|
| | (b) | Access to the child/children* of the marriage. I will be filing my Agreement to Plaintiff’s Proposed Parenting Plan/Defendant’s Proposed Parenting Plan* |
|
| | (c) | Division of the matrimonial home. I will be filing my Agreement to Plaintiff’s Proposed Matrimonial Property Plan/Defendant’s Proposed Matrimonial Property Plan* |
|
| | (d) | Division of the matrimonial assets (other than the matrimonial home) |
|
| | (e) | Maintenance for the wife |
|
| | (f) | Maintenance for the child/children* of the marriage |
|
| | | | | (Please note that you may be heard on these claims even if you do not defend the action and do not file a Defence or Defence and Counterclaim in court.) |
|
| | 4. | *I wish to make claims for relief in the following matters, which have not been dealt with in the Writ: |
|
| | | (To choose one or more of the following, circle the relevant item(s)) |
|
| | (a) | Custody* of and/or care and control* of the child/children* of the marriage |
|
| | (b) | Access to the child/children* of the marriage |
|
| | (c) | Division of the matrimonial home |
|
| | (d) | Division of the matrimonial assets (other than the matrimonial home) |
|
| | (e) | Maintenance for the wife |
|
| | (f) | Maintenance for the child/children* of the marriage |
|
| | | | 5. | *I am a wife Defendant. |
|
| | | I wish to/do not wish to* make a claim for maintenance for myself. |
|
| | 6. | The address to which communications to me should be sent is: |
|
| | | (Note: This must be an address in Singapore. If a solicitor is acting for you, give the name and address of your solicitor in Singapore. If you do not give an address in Singapore, you will have no right to be heard in these proceedings.) |
|
| | 7. | My other contact particulars are: |
|
| | | | | Signed (Defendant/Defendant’s solicitor*): |
| | *Delete where inapplicable. |
|
|
| Rules 7(1)(c), 10(3)(c) and (4)(c),
11(1)(b)(iii), 22(5)(c) and 47(3) |
| | (NOTICE OF PROCEEDINGS (OTHER PARTY) FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | NOTICE TO A CO-DEFENDANT/DEFENDANT IN
COUNTERCLAIM/PERSON ENTITLED TO
INTERVENE/OTHER PARTY |
| | (in the case of a Writ of Summons and Statement of
Claim/Defence/Counterclaim based on adultery or improper association) |
| | | 2. | ACKNOWLEDGMENT OF SERVICE/MEMORANDUM OF APPEARANCE |
|
| | To: | [state name and ID number of Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party (To specify)*] |
|
| | | | (a) | Take Notice that a Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/Other Document [please specify]* has been filed in the High Court by [Plaintiff’s/Defendant’s Name]. |
|
| | (b) | A copy of the Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/Other Document [please specify]* is delivered with this Notice. |
|
| | (c) | Please read the instructions set out in Part 2 of this Notice carefully. |
|
| | *Delete where inapplicable. |
| | 2. | ACKNOWLEDGMENT OF SERVICE/MEMORANDUM OF APPEARANCE |
|
| | (a) | You must complete the form in Annex A which is known as the Acknowledgment of Service (Other Party) Form and return it immediately to the Plaintiff’s solicitor or the Plaintiff (if unrepresented). |
|
| | (b) | You must also complete the form in Annex B which is known as the Memorandum of Appearance (Other Party) Form (MOA), and file** it within 8/21* days from the day on which you have received this Writ/Defence/Defence and Counterclaim/Other Document [please specify]*. If you do not file the MOA within such time, you are NOT entitled to be heard in these proceedings. This means that the court may, without notice to you, proceed to hear the action and pronounce judgment in your absence, and make all further orders in the proceedings without further reference to you. |
|
| | (c) | If you intend to instruct a solicitor to act for you, you should at once give him all the documents which have been served on you, so that he may complete the relevant forms on your behalf within the time specified in paragraphs (a) and (b) above. |
|
| | *Delete where inapplicable. |
| | **All references to the filing of documents in court shall refer to filing by using the electronic filing service. |
| | [Attach Annexes A and B to this form on separate pages.] |
| | Annex A — Acknowledgment of Service (Other Party) Form |
| | | Annex B — Memorandum of Appearance (Other Party) Form |
| |
|
| Rules 10(3)(d) and (4)(d), 11(1)(b)(iv) and (4),
12(1B), 13(b)(ii), 22(5)(d) and 47(3) |
| | (ACKNOWLEDGMENT OF SERVICE (OTHER PARTY) FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | ACKNOWLEDGMENT OF SERVICE
(CO-DEFENDANT/DEFENDANT IN COUNTERCLAIM/PERSON
ENTITLED TO INTERVENE/OTHER PARTY [TO SPECIFY]*) |
| | 1. | I acknowledge that I am [state name] |
|
| | 2. | I acknowledge that I have received the following documents: (Choose one or more of the following) |
|
| | | | (c) | Statement of Particulars |
|
| | (d) | Defence/Defence and Counterclaim |
|
| | (e) | Other documents [please specify]* |
|
| | | (Collectively, the documents) |
|
| | 3. | I received the documents on [to state date] at [to state address]. |
|
| | Signed (Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]*): |
| | *Delete where inapplicable. |
|
|
| Rules 10(3)(e), (4)(e) and (5), 11(1)(b)(v), 16(2)(b)
and (3)(b), 18(3) and (7), 22(5)(e) and 47(3) |
| | (MEMORANDUM OF APPEARANCE (OTHER PARTY) FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | MEMORANDUM OF APPEARANCE
(CO-DEFENDANT/DEFENDANT IN COUNTERCLAIM/PERSON ENTITLED TO INTERVENE/OTHER PARTY [TO SPECIFY]*) |
| | 1. | I am the Co-Defendant/Defendant in Counterclaim/Other Party [to specify]* and I intend/do not intend* to defend the action by denying the following allegations: |
|
| | | (b) | any other allegation [to specify]* |
|
| | | | I am the person entitled to intervene in this matter, and I intend/do not intend* to intervene in this matter and defend the action by denying the following allegations: |
|
| | | (b) | any other allegation [to specify]* |
|
| | 2. | I received the Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/Other Document [please specify]* on [to state date] at [to state address]. |
|
| | | (Note: You must, within 22/35* days after receiving the Writ and Statement of Claim, file a Defence in court and serve a copy of the same on all the other parties to these proceedings within 2 working days of filing the Defence, unless you do not intend to defend the action.) |
|
| | 3. | I wish/do not wish* to be heard on the claim for costs against me. |
|
| | 4. | The address to which communications to me should be sent is: |
|
| | | (Note: This must be an address in Singapore. If a solicitor is acting for you, give the name and address of your solicitor. If you do not give an address in Singapore, you will have no right to be heard in these proceedings.) |
|
| | 5. | My other contact particulars are: |
|
| | | | Signed (Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [please specify]*): |
| | *Delete where inapplicable. |
|
|
| | | (NOTICE OF PROCEEDINGS (ADVERTISEMENT) FORM) |
| NOTICE OF PROCEEDINGS FOR ADVERTISEMENT
IN THE NEWSPAPERS |
| | | To: | [State name and ID number of the Defendant/Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]*] |
|
| | 1. | Take Notice that a Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/other document [to specify]* in Divorce Writ No. [to state number] has been filed in court by [Plaintiff’s/Defendant’s Name] on [date]. You are the Defendant/Co‑Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]* in these proceedings. |
|
| | 2. | It has been ordered that service of the abovementioned document on you be effected by this advertisement. If you intend to defend this action, you must file the Memorandum of Appearance (Defendant) Form/Memorandum of Appearance (Other Party) Form* (MOA) within 8/21* days from the publication of this advertisement. If you do not file the MOA within such time, you are NOT entitled to be heard in these proceedings. This means that the court may, without notice to you, proceed to hear the action and pronounce judgment in your absence, and make all further orders in the proceedings without further reference to you. |
|
| | Contact particulars of Plaintiff/Plaintiff’s Solicitor*: |
| | 1. | Name and ID Number of Plaintiff/Plaintiff’s Solicitor*: |
|
| | 2. | Contact Particulars of Plaintiff/Plaintiff’s Solicitor’s Firm*: |
|
| | | | | | | *Delete where inapplicable. |
|
|
| | | (AFFIDAVIT OF SERVICE FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | | *Affidavit of Personal Service |
| | I, [to state name and ID No.] of [to state address], make oath and say/affirm* as follows: |
| | The following document(s) was/were* duly served by me on [to state name of recipient of documents] by delivering to him/her* personally a copy/copies* of the same on [to state date and time of service] at [to state address]: |
| | (Please choose one or more of the following) |
| | | | (c) | Statement of Particulars |
|
| | (d) | Notice to a Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]* |
|
| | (e) | Agreed/Proposed* Parenting Plan (By Plaintiff)* |
|
| | (f) | Agreed/Proposed* Matrimonial Property Plan (For Housing Development Board flats Only) (By Plaintiff)* |
|
| | | (h) | Defence and Counterclaim |
|
| | (i) | Other documents [please specify] |
|
| | The person served with the document(s), [to state name of recipient of documents], is known to me/was pointed out to me by [to state name]/admitted to me that he/she* was [to state name of recipient of documents]*. |
| | [Sworn (or affirmed) as in Form 78 in Appendix A of the Rules of Court (Cap. 322, R 5).] |
| | | *Affidavit of Substituted Service by Post or other Process (Excluding Newspaper Advertisement) |
| | I, [to state name and ID No.] of [to state address], make oath and say/affirm* as follows: |
| | The following document(s) was/were* duly served by me on [to state name of recipient of documents] by [to state mode of service and date and time of service], in accordance with the order for substituted service dated [to state date of substituted service order]: |
| | (a) | Order of Court for Substituted Service of Documents |
|
| | | | (d) | Statement of Particulars |
|
| | (e) | Notice to a Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]* |
|
| | (f) | Agreed/Proposed* Parenting Plan (By Plaintiff)* |
|
| | (g) | Agreed/Proposed* Matrimonial Property Plan (For Housing Development Board flats Only) (By Plaintiff)* |
|
| | | (i) | Defence and Counterclaim |
|
| | (j) | Other documents [please specify] |
|
| | [Sworn (or affirmed) as in Form 78 in Appendix A of the Rules of Court (Cap. 322, R 5).] |
| | | *Affidavit of Service by Advertisement |
| | I, [to state name and ID No.] of [to state address], make oath and say/affirm* as follows: |
| | The Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim* and Order of Court for Substituted Service were duly served by me on [to state name of recipient of documents] by causing to be inserted in [name of paper or papers as ordered] an advertisement on [to state date]. |
| | A copy of the said advertisement is annexed to this affidavit. |
| | [Sworn (or affirmed) as in Form 78 in Appendix A of the Rules of Court (Cap. 322, R 5).] |
| | *Delete where inapplicable. |
| |
|
| | | (DEFENCE AND/OR COUNTERCLAIM FORM) |
| | IN THE HIGH COURT*/SUBORDINATE COURTS* OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | DEFENCE* AND COUNTERCLAIM* |
| | 1. | Particulars of Defendant |
|
| | | | | | | | | (a) | To deny or admit the paragraphs of the Statement of Claim (and Statement of Particulars). To state full particulars of the facts relied on but not the evidence by which they are to be proved. |
|
| | (b) | To state whether any, and if so what, agreement or arrangement has been made or is proposed to be made between the parties for the support of the wife or any child of the marriage. |
|
| | (c) | If any statements set out in the Statement of Claim concerning the living children of the marriage are disputed, full particulars of the facts relied on are to be stated in the Defence. |
|
| | (d) | If any information on the following matters has not been provided in the Statement of Claim, or if any statement set out in relation to the following matters in the Statement of Claim is disputed, the Defence is to furnish information on the same, with the details as set out in sub-paragraphs (i) and (ii) below: |
|
| | Whether there are or have been other proceedings in Singapore or elsewhere with reference to the marriage, or to any children of the marriage, or between the Plaintiff and the Defendant with reference to maintenance or to any property of either or both of them. |
|
| | (i) | Nature of the proceedings, i.e. whether: |
|
| | (A) | Matrimonial proceedings; and/or |
|
| | (B) | Family violence (between the Plaintiff, Defendant and any children of the marriage); and/or |
|
| | (C) | Custody, care and control and/or access to the children of the marriage; and/or |
|
| | (D) | Proceedings in any juvenile or youth court in respect of the children of the marriage; and/or |
|
| | (E) | Maintenance (for wife and any children of the marriage); and/or |
|
| | (F) | Matrimonial Property; and/or |
|
| | (G) | Other proceedings which may be relevant to the present proceedings (such as bankruptcy proceedings). |
|
| | (ii) | Details of the proceedings |
|
| | | [to state in relation to each of the proceedings set out in paragraph (i) above] |
|
| | | (B) | The date of any decree or order or judgment: |
|
| | (C) | Decree or order or judgment made: |
|
| | (D) | If no decree or order or judgment has been made, the status of the proceedings: |
|
| | (iii) | There are bankruptcy proceedings against the Defendant pending as at [to state date, which shall not be later than 7 days immediately preceding the filing of the Defence and/or Counterclaim]: |
|
| | | (B) | Whether creditor’s bankruptcy application or debtor’s bankruptcy application: |
|
| | | (D) | Amount of debt claimed: |
|
| | (E) | Status of proceedings: |
|
| | | (1) | The Defendant repeats paragraph(s) [to state the numbers of the relevant paragraphs] of the Statement of Claim. |
|
| | (2) | The Defendant is a bankrupt and has/has not* obtained the previous sanction of the Official Assignee to file a Counterclaim in this action. [The counterclaim shall annex a copy of the document bearing the sanction of the Official Assignee.] |
|
| | (3) | Ground on which Relief is Sought. |
|
| | | (a) | *(For marriages that took place after 1st June 1981) The marriage is not valid under section 105 of the Women’s Charter: (Choose one or more of the following) |
|
| | (i) | by virtue of section 3(4)/5/9/10/11/12/22* of the Women’s Charter |
|
| | (ii) | (for marriages celebrated outside Singapore) for the lack of capacity |
|
| | (iii) | (for marriages celebrated outside Singapore) under the law of the place in which the marriage was celebrated. |
|
| | (b) | *(For marriages that took place on or before 1st June 1981) The marriage is not valid for the reasons stated in the Counterclaim. |
|
| | | | (a) | *(For marriages that took place after 1st June 1981) The marriage is voidable under section 106 of the Women’s Charter on the following ground(s): (Choose one or more of the following) |
|
| | (i) | That the marriage has not been consummated owing to the incapacity of either party [please specify] to consummate it. |
|
| | (ii) | That the marriage has not been consummated owing to the wilful refusal of the Plaintiff to consummate it. |
|
| | (iii) | That the Plaintiff/Defendant* did not validly consent to the marriage, in consequence of duress* and/or mistake* and/or unsoundness of mind/lack of capacity* and/or the facts stated in the Statement of Particulars [please specify in the Statement of Particulars]*. |
|
| | (iv) | That at the time of the marriage the Plaintiff/Defendant* though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act (Cap. 178A) of such a kind or to such an extent as to be unfit for marriage. |
|
| | (v) | That at the time of the marriage the Plaintiff was suffering from venereal disease in a communicable form, and the Defendant was at the time of the marriage ignorant of the facts alleged. |
|
| | (vi) | That at the time of the marriage the Plaintiff was pregnant by some person other than the Defendant and the Defendant was at the time of the marriage ignorant of the facts alleged. |
|
| | (b) | *(For marriages that took place on or before 1st June 1981) The marriage is voidable for the reasons stated in the Counterclaim. |
|
| | | [Full particulars of the individual facts relied on but not the evidence by which they are to be proved.] |
|
| | | The marriage has broken down irretrievably |
| | | Fact(s) relied on for the irretrievable breakdown of the marriage (for the purposes of section 95(3) of the Women’s Charter): |
|
| | | (Choose one of the following) |
|
| | (a) | That the Plaintiff has committed adultery and the Defendant finds it intolerable to live with the Plaintiff. |
|
| | (b) | That the Plaintiff has behaved in such a way that the Defendant cannot reasonably be expected to live with the Plaintiff. |
|
| | (c) | That the Plaintiff has deserted the Defendant for a continuous period of at least 2 years immediately preceding the filing of the writ. |
|
| | (d) | That the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the Plaintiff consents to a judgment being granted. The Plaintiff’s consent is exhibited at Annex [to state number]* (if available). |
|
| | (e) | That the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ. |
|
| | | [Full particulars of the individual facts relied on to be stated but not the evidence by which they are to be proved.] |
|
| | | | [To state the particulars of relief claimed by the Defendant.] |
|
| | (a) | That the claim be dismissed |
|
| | | (c) | Others [please specify] |
|
| | | For cases where a Counterclaim has been filed*: |
|
| | | (Choose one or more of the following, providing particulars of the relief claimed where possible.) |
|
| | (a) | That the claim be dismissed. |
|
| | (b) | On the counterclaim: That the marriage be declared null and void*. |
|
| | | | That the marriage be dissolved*. |
|
| | | | That a judgment of judicial separation be granted*. |
|
| | (c) | Custody* of and/or care and control* of the child/children* of the marriage |
|
| | (d) | Access to the child/children* of the marriage |
|
| | (e) | Division of the matrimonial home |
|
| | (f) | Division of the matrimonial assets (other than the matrimonial home) |
|
| | (g) | Maintenance for the wife |
|
| | (h) | Maintenance for the child/children* of the marriage |
|
| | | (j) | Others [please specify] |
|
| | 5. | Persons to be served with this Defence/Defence and Counterclaim* |
|
| | | | | Address: Plaintiff is a person under a disability*. |
|
| | | [To state particulars of Plaintiff’s disability] |
|
| | (b) | Co-Defendant/Defendant in Counterclaim/Other Party (please specify)* |
|
| | | | | Co-Defendant/Defendant in Counterclaim/Other Party (please specify)* is a person under a disability*. |
|
| | | [To state particulars of Co-Defendant’s/Defendant in Counterclaim’s/Other Party’s disability] |
|
| | 6. | The Defendant is aware of*, or has been informed by the solicitor acting for him about*, the options of family mediation or counselling, before filing the defence. |
|
| | Name of Defendant/Defendant’s Solicitor*: |
| | *Delete where inapplicable. |
|
|
| | Rules 18(7) and (8)(c) and 19(5) |
| | | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | DEFENCE TO COUNTERCLAIM*/REPLY*/REPLY AND DEFENCE TO
COUNTERCLAIM*/REPLY TO DEFENCE TO
COUNTERCLAIM*/OTHER PLEADING (TO SPECIFY)* |
| | 1. | [To deny or admit the paragraphs of the previous pleading. To state full particulars of the facts relied on but not the evidence by which they are to be proved.] |
|
| | 2. | Persons to be served with this pleading* |
|
| | | | | | Plaintiff/Defendant* is a person under a disability*. |
|
| | | [To state particulars of Plaintiff’s/Defendant’s* disability.] |
|
| | (b) | Co-Defendant/Defendant in Counterclaim/Other Party [please specify]* |
|
| | | | | Co-Defendant/Defendant in Counterclaim/Other Party [please specify]* is a person under a disability*. |
|
| | | [To state particulars of Co-Defendant’s/Defendant in Counterclaim’s/Other Party’s disability] |
|
| | Name of Party/Party’s Solicitor*: |
| | *Delete where inapplicable. |
| |
|
| | | (DEFENDANT’S AGREEMENT (PARENTING PLAN) FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | DEFENDANT’S AGREEMENT TO PLAINTIFF’S PROPOSED
PARENTING PLAN |
| | | [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] |
| | (a) | I, the Defendant, agree with the following order(s) sought in paragraph 4 of the Plaintiff’s Proposed Parenting Plan |
|
| | | [to state the specific order(s) agreed to] |
|
| | | | | | | (b) | The Defendant agrees with the following order(s) sought in paragraph 4 of the Proposed Parenting Plan (By Plaintiff). |
|
| | | [to state the specific order(s) agreed to] |
|
| | | | Signed on behalf of the Defendant by the Defendant’s solicitor: |
|
|
|
| | | (DEFENDANT’S PROPOSED PARENTING PLAN FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | PROPOSED PARENTING PLAN (BY DEFENDANT) |
| | I, the Defendant, do not agree with the orders sought in paragraph 4 of the Proposed Parenting Plan (by Plaintiff), and I wish to be heard by the court on the issues of custody, care and control and access. I set out my position on the current arrangements as well as my proposed arrangements for the children of the marriage below. |
| | | | The current arrangements for the child/children* of the marriage are as follows: |
|
| | | [to state in respect of each child] |
|
| | (a) | Residence [state where the child is currently living with particulars of accommodation and what other persons live there, with their names and relationship to the child stated.] |
|
| | (b) | Care arrangements (this section need not be completed if the child is already working at the present time) |
|
| | (i) | *If the child is presently not attending school on a daily basis, to complete the following section: |
|
| | (A) | Are both parents working? |
|
| | (B) | Who looks after the child during the day and at night? |
|
| | | (i.e. father/mother/maid/elder siblings/relatives [to specify nature of relationship to the child]/a combination of the above/others [to specify]*) |
|
| | (C) | Where is the child cared for during the day and at night? |
|
| | | (i.e. at the matrimonial home/childcare centre/babysitter/relative’s home [to specify nature of person’s relationship to the child]/others [to specify]*) |
|
| | (D) | For how long has this arrangement been in place? |
|
| | | [State estimated period of time, i.e. from which date till the present date] |
|
| | (ii) | *If child is presently attending school on a daily basis, to state: |
|
| | (A) | The child’s school hours. |
|
| | (B) | Where and by whom is the child being cared for before and after school hours? |
|
| | (iii) | *Where parties are no longer residing at the same address, to state: |
|
| | (A) | Who is the parent who does NOT live with the child (the non-custodial parent)? |
|
| | (B) | When was the last time the non-custodial parent visited the child? |
|
| | (C) | How often does the non-custodial parent visit the child? |
|
| | (D) | Does the child sometimes stay overnight with the non‑custodial parent? |
|
| | (c) | Education/Employment* [state the school or other educational establishment which the child has been and is currently attending, or if he is working, his place of employment, the nature of his work and details of any training he is receiving.]; |
|
| | (d) | Financial provision [state who has been and is presently supporting the child or contributing to his support and the extent thereof.]; and |
|
| | (e) | Access [state what are the current arrangements for access and the extent to which access has been given.] |
|
| | (f) | Other relevant information |
|
| | | [State any other information which is relevant to the matters concerning the arrangements for the child, for example, whether the Plaintiff or Defendant is suffering from any physical or mental disability, whether the Plaintiff or Defendant has any previous convictions and if so, the nature of the conviction, and whether the Plaintiff or Defendant has been committed to a drug rehabilitation centre and if so, when and for how long.] |
|
| | | | The proposed arrangements for the child/children* of the marriage are as follows: |
|
| | | [State in respect of each child for those matters which have not been agreed] |
|
| | (a) | Residence [state where the child is to live with particulars of accommodation and what other persons live there, with their names and relationship to the child stated.] |
|
| | (b) | Care giver [state who is to look after the child during the day, at night, during weekends and school holidays.] |
|
| | (c) | Education, etc. [state the school or other educational establishment which the child will attend, or if he is working, his place of employment, the nature of his work and details of any training he will receive.]. |
|
| | | | I am seeking the following orders to be made by the court: |
|
| | (a) | [Set out details of any orders sought regarding custody, care and control of and access to the children of the marriage. If orders for split care and control of the children of the marriage are being sought, e.g. for care and control of one child to be granted to one parent, and for care and control of the other child to be granted to the other parent, to set out the reasons why such orders for split care and control are in the best interests of the children of the marriage.] |
|
| | (b) | [Set out details of any orders sought regarding maintenance for the children of the marriage] |
|
| | I confirm that all the matters set out in this Proposed Parenting Plan are true and correct. |
| | | *Delete where inapplicable. |
|
|
| | (DEFENDANT’S AGREEMENT
(MATRIMONIAL PROPERTY PLAN) FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | DEFENDANT’S AGREEMENT TO PLAINTIFF’S PROPOSED
MATRIMONIAL PROPERTY PLAN
(FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) |
| | | | [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] |
|
| | (a) | I, the Defendant, agree with the proposed arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (For Housing Development Board flats Only). |
|
| | | [to state the exact arrangements agreed to] |
|
| | | | | | (b) | The Defendant agrees with the proposed arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (For Housing Development Board flats Only). |
|
| | | [to state the exact arrangements agreed to] |
|
| | | Signed on behalf of the Defendant by the Defendant’s solicitor. |
|
| | 2. | The Defendant’s relevant CPF statement and additional CPF information (if applicable) dated [to state date] are annexed to this plan as Annex [to state number]. |
|
|
|
| | (DEFENDANT’S PROPOSED
MATRIMONIAL PROPERTY PLAN FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | DEFENDANT’S PROPOSED MATRIMONIAL PROPERTY PLAN
(FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) |
| | 1. | I, the Defendant, disagree with the proposed arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (For Housing Development Board flats Only). |
|
| | 2. | The relevant CPF statements and additional CPF information (if applicable) dated [to state date] are annexed to this plan as Annex
[to state number]. |
|
| | 3. | *(For Defendants who are above the age of 55 years) I am above the age of 55 years and the amount required to be refunded into my CPF account in the event of a sale of the flat/transfer in ownership of the flat is: |
|
| | 4. | My proposal in relation to the matrimonial property is as follows*: |
|
| | | (Choose one or more of the following options. If more than one option is chosen, state the order of preference in brackets beside the option.) |
|
| | (i) | Option 1: The Flat will be surrendered to the HDB. |
|
| | (ii) | Option 2: The Agreement for Lease with the HDB will be terminated. |
|
| | (iii) | Option 3: The Flat will be sold in the open market. |
|
| | (iv) | Option 4: The Plaintiff’s share in the Flat will be sold/transferred* to: |
|
| | | (B) | The Defendant and [state name and relationship with the Defendant] |
|
| | (C) | [state name and relationship with the Plaintiff/the Defendant] |
|
| | (v) | Option 5: The Defendant’s share in the Flat will be sold/transferred* to: |
|
| | | (B) | The Plaintiff and [state name and relationship with the Plaintiff] |
|
| | (C) | [state name and relationship with the Defendant/the Plaintiff] |
|
| | (vi) | Option 6: Others (please state brief details) |
|
| | | Particulars of my proposal (for each option selected) are attached as Annex [to state number]. |
|
| | | [To fill in Option 1, 2, 3, 4, 5 or 6 as set out in Form 32, and to attach only the relevant pages to this form.] |
|
| | | *Delete where inapplicable. |
|
|
| | | (NOTICE OF DISCONTINUANCE FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | | Take Notice that the Plaintiff wholly discontinues this action. |
| | | Solicitor for the Plaintiff/Name of Plaintiff (if unrepresented) |
| | Name and address of Law Firm/Address of Plaintiff |
| | The Defendant*/Co-Defendant*/Other Party [to specify]* hereby consents to the discontinuance of this action. |
| | Solicitor for the Defendant*/Co-Defendant*/Other Party [to specify]* |
| | *Delete where inapplicable. |
|
|
| | | (REQUEST FOR SETTING DOWN FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | REQUEST FOR SETTING DOWN ACTION FOR TRIAL |
| | 1. | Request for Setting Down |
|
| | (a) | I request that the Plaintiff/Defendant* be at liberty to set down this action for trial. |
|
| | (b) | The duration of the trial is estimated to be [to state number of days], and the matter will be contested/uncontested*. |
|
| | 2. | Mediation/Counselling Statement** |
|
| | (a) | I have informed my client about*/I, the Plaintiff/Defendant*, am aware of* the options of mediation and counselling services at the court. |
|
| | (b) | Parties do not have any child*/have children* who are ____ years old. |
|
| | (c) | The Plaintiff and/or Defendant have: |
|
| | (i) | *been notified to attend/are attending counselling/mediation at Child Focused Resolution Centre (the CFRC); |
|
| | (ii) | *not been notified to attend counselling/mediation at the CFRC and are persons prescribed under section 50(3A) of the Women’s Charter as persons who are required to attend mediation/counselling; |
|
| | (iii) | *completed counselling/mediation at the CFRC or are not required to attend counselling/mediation at the CFRC*. |
|
| | 3. | Particulars of Bankruptcy (if applicable) |
|
| | | [State if either the Plaintiff or the Defendant is a bankrupt and if so, furnish details concerning the bankruptcy proceedings and whether the Official Assignee has been notified of the proceedings.] |
|
| | (a) | The Plaintiff* and/or Defendant* is a bankrupt. |
|
| | (b) | Date of bankruptcy order and bankruptcy number [please specify]. |
|
| | (c) | The Official Assignee has been notified of these proceedings in writing on [to state date]. |
|
| | (d) | The Official Assignee has given his sanction to the Plaintiff/Defendant* to commence/file a counterclaim/continue the claim(s)* in this action. A copy of the document bearing the sanction of the Official Assignee is exhibited in the affidavit of evidence in chief/has been exhibited in [state the document where the sanction had been exhibited] dated [state the date of the document]. |
|
| | Name of Party/Party’s Solicitor*: |
| Party Type (i.e. Plaintiff or Defendant): |
| | *Delete where inapplicable. |
| | **If there are any outstanding issues between the parties as at the date of the filing of this Request for Setting Down Action for Trial, this section must be completed by the party filing this Request for Setting Down Action for Trial. |
|
|
| | | | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | | 1. | Particulars of Marriage to which this Interim Judgment Relates (the Marriage) |
|
| | (a) | Date and place of solemnization of marriage: |
|
| | (b) | Date and place of registration of marriage: |
|
| | 2. | Interim Judgment Granted in Open Court/Chambers* |
|
| | (a) | Parties present: [Choose one or more of the following] |
|
| | | | | | (v) | Other Party [to specify]* |
|
| | (b) | Pronouncement by the Judge: |
|
| | (i) | *That the Plaintiff has sufficiently proven the contents of the Statement of Claim; |
|
| | | *That the Defendant has sufficiently proven the contents of the Counterclaim; |
|
| | | *That the Plaintiff has sufficiently proven the contents of the Statement of Claim and that the Defendant has sufficiently proven the contents of the Counterclaim; and |
|
| | (ii) | that the Marriage is dissolved/is declared void* by reason that*: |
|
| | | [To set out ground of divorce in the Statement of Claim/Counterclaim/Statement of Claim and Counterclaim* respectively] |
|
| | | | That the Defendant be presumed dead and that the Marriage is dissolved* unless sufficient cause be shown to the court within [to set out the number of weeks/months] from the date of this Judgment why the said Judgment should not be made Final. |
|
| | 3. | Further Orders Made (if applicable) (By Consent*) |
|
| | | [To set out any further orders which were made at the hearing of the Interim Judgment, including consent orders on ancillary matters] |
|
| | [Insert Form 81 in Appendix A of the Rules of Court (Cap. 322, R 5), if necessary.] |
| | *Delete where inapplicable. |
|
|
| | | (JUDGMENT OF JUDICIAL SEPARATION FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | JUDGMENT OF JUDICIAL SEPARATION |
| | 1. | Particulars of Marriage to which this Judgment of Judicial Separation relates (the Marriage) |
|
| | (a) | Date and place of solemnization of marriage: |
|
| | (b) | Date and place of registration of marriage: |
|
| | 2. | Judgment of Judicial Separation Granted in Open Court/Chambers* |
|
| | (a) | Parties present: [Choose one or more of the following] |
|
| | | | | | (v) | Other Party [to specify]* |
|
| | (b) | Pronouncement by the Judge: |
|
| | (i) | *That the Plaintiff has sufficiently proven the contents of the Statement of Claim; |
|
| | | *That the Defendant has sufficiently proven the contents of the Counterclaim; |
|
| | | *That the Plaintiff has sufficiently proven the contents of the Statement of Claim and that the Defendant has sufficiently proven the contents of the Counterclaim; and |
|
| | (ii) | that a Judgment of Judicial Separation be granted by reason that: |
|
| | | [To set out ground(s) of judicial separation in the Statement of Claim/Counterclaim/Statement of Claim and Counterclaim* respectively] |
|
| | 3. | Further Orders Made (if applicable) (By Consent*) |
|
| | | [To set out any further orders which were made at the hearing of the Judgment of Judicial Separation, including consent orders on ancillary matters] |
|
| | [Insert Form 81 in Appendix A of the Rules of Court (Cap. 322, R 5), if necessary.] |
| | *Delete where inapplicable. |
|
|
| | | | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | | | 1. | Nature of Hearing (in Open Court/Chambers*) |
|
| | | Ancillary Matters*/Summons* No./Nos.: [to state number] |
|
| | 2. | Parties Present at the Hearing |
|
| | | [Choose one or more of the following] |
|
| | | | | | (e) | Other Party [to specify]* |
|
| | 3. | Orders Made (By Consent*) |
|
| | [Insert Form 81 in Appendix A of the Rules of Court (Cap. 322, R 5), if necessary.] |
| | *Delete where inapplicable. |
|
|
| | | (CERTIFICATE OF FINAL JUDGMENT FORM) |
| | IN THE SUBORDINATE COURTS OF THE REPUBLIC OF SINGAPORE |
| | | | [Plaintiff’s Name] (ID No. ) Plaintiff |
| | | [Defendant’s Name] (ID No. ) Defendant |
| | CERTIFICATE OF FINAL JUDGMENT (NULLITY/DIVORCE/
PRESUMPTION OF DEATH AND DIVORCE*) |
| | As no sufficient cause has been shown to the court within [to state number of months] months from the Interim Judgment granted on [to state date of Interim Judgment], why the said Interim Judgment should not be made final, it is certified that: |
| | [choose one of the following] |
| | | 1. | The marriage solemnized on [to state date of marriage] at [to state place of solemnization of marriage] between [to state the Plaintiff’s name and ID Number], and [to state the Defendant’s name and ID Number] is void in law and the Plaintiff/Defendant* was and is free from all bond of marriage with the Defendant/Plaintiff*. |
|
| | | | | The marriage solemnized on [to state date of marriage] at [to state place of solemnization of marriage] between [to state the Plaintiff’s name and ID Number], and [to state the Defendant’s name and ID Number] is dissolved. |
|
| | | Presumption of Death and Divorce |
| | | The Defendant is presumed dead and the marriage solemnized on [to state date of marriage] at [to state place of solemnization of marriage] between [to state the Plaintiff’s name and ID Number], and [to state the Defendant’s name and ID Number] is dissolved. |
|
| | 2. | The Interim Judgment granted on [to state date of Interim Judgment] is made final on this date. |
|
| | Signed: [signature of Registrar] |
| Registrar: [name of Registrar] |
|
|
|
|
