There are 2 main parts to adivorcein Singapore the grounds for divorce, and the Ancillary Matters (i.e.custody,care control and access,maintenance of the child(ren),maintenance of the (ex-)wife/ incapacitated husband, and division of matrimonial assets. If all issues have been agreed upon, parties can opt for SimplifiedDivorce Proceedings, instead of filing proceedings along the normal route.
2. Either way, there are a few core documents that need to be prepared at the start i.e. the Writ for Divorce, Statement of Claim and Statement of Particulars. You will need to ask yourselves the following questions amongst others: (a) What are the grounds for divorce?; (b) Does the Court have jurisdiction?; (c) Can I put my owngrounds for divorce? (d) Should I state all the terms that I want in the Statement of Claim if parties have not come to an agreement?; (e) How much details should I put in the Statement of Particulars?; (f) Where do I go to file the divorce papers?; (g) Who can serve the divorce papers on my ex-spouse?; (h) Can I send the divorce papers by e-mail or post?; (i) Can I divorce if my spouse is not in Singapore or cannot be contacted?; (j) What is the procedure for divorce?
3. The answer to all the questions above isIt depends!. Q: On what? A: On a variety of factors. Q: Where can I find information on these? A: From a variety of sources. Q: Do I need to get a lawyer? A: No, but it is highly advisable! Q: So how can I filedivorce proceedingsby myself? A: I do not know how to answer this in 1 sentence.
4. By this point, I am very certain that you are annoyed at me. Perhaps you think that I am trolling you. I assure you that this is NOT the case. To the contrary, I am revealing the questions that even lawyers should ask themselves when handling a divorce matter. Getting the divorce forms is easy. It is available online. Recently, an eService Portal has also been launched. Filing divorce documents can potentially be straightforward IF you know what to do. But handling a divorce matter is not just about filling forms. Knowledge of the law and where to look up the relevant information is a mere prerequisite. Competence and experience allow a lawyer to see what lies ahead. This allows us to advise you on what to do, how to do it right and when to take certain steps.
5. I applaud various parties for their initiative in summarizing the law and making such information freely available to the public. To a great extent, it gives clients a basic understanding of certain points. I would however caution on believing that one can be a competent lawyer just by reading a few articles online. Too often I have represented clients who got a bad deal previously because they were not represented. When asked why they agreed to certain terms, they would say I did not know. When asked why they did not engage a lawyer or even seeklegal advice, they would say To save money. Often, their bad deal had already cost them many times more than their legal fees. Plus, they had to pay me (or a new lawyer) to try to make a bad situation less-bad. Monetary loss is the least serious implication. Some consequences of doing the wrong thing, are irreversible and claiming ignorance is never an excuse, even if acting in-person.
6. Often, I am askedHow to file myself?.I always say that this question is like asking a mechanic how to fix your car on your own, or perhaps asking a surgeon how to operate on yourself. In either scenario, you may cut the wrong thing or cut the wrong way. The result? Perhaps a car breaking down in the middle of the road, or a hole in your body and you not knowing how to stitch yourself up. Either way, in the end, you will still have to send your car to the mechanic or yourself to the surgeon. Its similar for trying to handle legal proceedings on your own.
