In Singapore, the Writ of Divorce, Statement of Particulars, and Statement of Claim are legal documents that play distinct roles in initiating and formalizing the divorce process.
Writ of Divorce
The Writ of Divorce is a formal legal document that marks the beginning of the divorce process. It is filed by the Plaintiff (the spouse initiating the divorce) and is served on the Defendant (the other spouse).
The writ outlines the Plaintiff’s intention to seek a divorce by informing the Defendant that the Plaintiff has filed divorce proceedings against them. The Writ also provides the Defendant with some key information about the next steps that he has to take, to defend the proceedings.
While the writ itself does not delve into the details of the divorce, it is a fundamental document that officially initiates the divorce proceedings.
Read more: Serving Divorce Papers in Singapore
Statement of Particulars
The Statement of Particulars is a document that provides specific details about the facts that the Plaintiff is relying on to prove that the marriage has irretrievably broken down.
For example, if the Plaintiff is seeking a divorce based on the Defendant’s adultery, the Statement of Particulars would provide details about the alleged adulterous act, such as the date, place, and circumstances.
This document serves to provide more context and clarity about the specific allegations being made and the reasons that the Plaintiff is relying upon to obtain a divorce.
Read more: Filing for Divorce — What Documents to File and Service of Documents
Statement of Claim
The Statement of Claim is a comprehensive legal document that outlines the prayers that the Plaintiff is seeking in the divorce.
It includes detailed information about the parties and states the fact(s) that the Plaintiff is relying upon to prove that there has been an irretrievable breakdown of the marriage. It also states what the Plaintiff is requesting in terms of the division of the matrimonial home, division of the matrimonial assets, the child custody arrangements, maintenance claims, and any other relevant issues.
This document is filed with the court and helps the Court and the Defendant understand the issues at hand, so that they may respond accordingly.
In summary, the Writ of Divorce initiates the divorce process, the Statement of Particulars provides specific details about the facts relied upon for the divorce, and the Statement of Claim presents the Plaintiff’s case for divorce, by providing all relevant details and claims.
Read more: What do I do if I am served with Divorce Papers?
Additional Documents for the Petitioner
Proposed Parenting Plan
: If the couple has children under 21 years old, the Plaintiff must also file a proposed parenting plan outlining their suggestions for child custody, visitation arrangements, and other child-related matters.
Matrimonial Property Plan
: If the Matrimonial Home is a HDB flat, the Plaintiff must file a proposed plan for the division of the HDB flat.
Documents for the Respondent (Defence)
Defence and Counter claim
: Upon receiving the divorce papers, the Defendant has the option to file a defence and, if necessary, a counterclaim. The defence responds to the claims made in the Plaintiff’s Statement of Claim, either admitting or denying the allegations. The counterclaim allows the Defendant to make their own claims for divorce grounds or other matters.
Proposed Parenting Plan (if applicable)
: If the Defendant does not agree to the plans that the Plaintiff has proposed and/or the Defendant has suggestions for child custody arrangements, they may also file a proposed parenting plan.
These documents collectively form the foundation of the divorce proceedings. Both parties’ legal teams review and exchange these documents, and they provide the court with the necessary information to understand the case and the issues involved.
The court will then use these documents to make decisions regarding child custody, property division, maintenance, and other matters, ensuring a fair and equitable resolution of the divorce.
Read more: Things you Need to Know about Commencing your Divorce in Singapore
We’re here for you
Our lawyers at GJC Law offer a free 30-minute consultation to explain the divorce process and determine whether you qualify for divorce in Singapore.
Our goal is to help you find a resolution that works for you.
