Can you challenge a Writ for Divorce filed by your spouse?

by | Nov 12, 2018 | Knowledge & Insights

What can you do if your spouse has filed for a Divorce in Singapore and you wish to challenge what is being written in the Divorce Petition?

If you want to oppose your spouse’s Divorce application, you must follow important Court procedures.

You cannot ignore the Petition or the Court case, otherwise, the Court may decide the case without you. For example, the Court may grant the divorce to make decisions on the children, property and maintenance which will still be binding on you even if you were not at the Court hearing.

One of the key decisions you must make is to decide clearly whether you want to remain married to your spouse, or if you only want the Court to decide on the issues relating to the children, property and maintenance.

If you wish to remain married to your spouse, you must defend the Divorce.

You must do this by filing a Memorandum of Appearance and a Defence. A copy of the Memorandum of Appearance will have been served on you together with the Divorce papers.

If you only want the Court to decide on the Ancillary Matters, you need to file the Memorandum of Appearance and state which issues you want to challenge.

About the author

About the author

Jonathan Wong

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.