Divorce is never an easy process, and it can be incredibly challenging in Singapore, where the legal system has strict requirements and procedures that must be followed.
One of the most critical stages of a divorce is the final judgment, which marks the end of a long and often difficult journey for both parties and can have significant implications for their future.
This article explores the final judgment of divorce in Singapore, including the legal requirements, the process, and what it means for those going through a divorce.
1. Final Judgment In Divorce Proceedings: What Is It?
The final judgment in divorce proceedings refers to the final Court ruling which legally dissolves a couple’s marriage. A judge or jury renders these judgments; once final, the divorce is granted and finalised. In Singapore, a married couple must go through the Family Justice Courts to obtain a final judgment.
2. Final Judgment In Uncontested And Contested Divorce Cases
When both parties agree on the division of matrimonial property, child custody arrangements, and other matters, it is referred to as an uncontested divorce. Such issues are settled through informal negotiation between the spouses (and/or their attorneys). Or, the spouses could undergo a more structured approach, like mediation.
But in most cases, spouses cannot reach a full settlement. This is due to differences in the parties’ wishes regarding the division of matrimonial assets, custody, etc. This situation will be a contested divorce. Both parties involved must go through the Family Justice Courts (FJC), where they have filed the divorce petition. One judge usually presides over the divorce proceedings and delivers a final judgment.
It’s important to note the judge’s decision will depend on the circumstances of each case. Seeking legal advice and representation from a qualified divorce lawyer in Singapore is crucial to ensure your interests are protected and that the divorce settlement’s terms are fair and equitable.
3. What Is A Certificate Of Final Judgment In Singapore?
A Certificate of Final Judgment is a legal document issued by the FJC confirming the finality of a divorce settlement and the dissolution of the marriage. This certificate is required for various legal and administrative purposes, such as changing your marital status, updating your identification documents, handling HDB-related matters, and accessing certain government benefits.
4. How To Obtain A Certificate Of Final Judgment In Singapore (For Uncontested Divorces)
Step 1: Wait For The Interim Judgment
After filing divorce papers, the Court will grant an Interim Judgment confirming the marriage has irretrievably broken down. The divorce is uncontested, and the parties have agreed on ancillary matters and other settlement terms. But this judgment is not final and can only be converted into a Certificate of Final Judgment after a waiting period of three months has passed.
Step 2: Apply For The Certificate Of Final Judgment
After three months, either party may apply for the Certificate of Final Judgment. The application can be made in person or online through the eLitigation portal.
Step 3: Provide The Required Documents
The following documents are required for the application:
- NRIC or passport
- Divorce case number
- Name indicating the type of document required (i.e. Certificate to make Interim Judgment Final)
- Duly filled out Form 33 (Certificate of Final Judgment Form)
- The date of the application
- Details outlining the intended use of the certified true copy and how it will be relevant and necessary for the intended use
Step 4: Receive The Certificate Of Final Judgment
If the judge is satisfied that all the requirements have been met, the Certificate of Final Judgment will be issued (3 months after the Interim Judgment).
However, it is important to note that obtaining a Certificate of Final Judgment can take several months, and it is advisable to engage with an experienced family lawyer throughout the process.
5. How To Obtain A Certificate Of Final Judgment In Singapore (For Contested Divorces)
Step 1: Attend A Pre-Trial Conference
After a Writ of Divorce has been filed and all the relevant documents and divorce papers have been served to each spouse, both must attend a pre-trial conference. This is where the judge will attempt to facilitate an amicable settlement. If the parties cannot reach an agreement, the case will proceed to trial.
Step 2: Trial
If a settlement is not possible, mediation has failed, or the parties refuse to negotiate further, the judge will ask them both to file documents preparing for trial. During the trial, both parties will present their case before the judge in the form of:
- Evidence: Both parties will submit relevant evidence to support their claims, such as bank statements, property ownership documents, and communication records. The evidence should be admissible under the Evidence Act, which governs the rules of evidence in Singapore.
- Witness Testimony: Both parties may call witnesses to provide testimony supporting their case. These witnesses may be experts, such as financial analysts or child psychologists, or lay witnesses, such as family members or friends.
- Cross-Examination: After a witness has testified, the opposing party may cross-examine them to challenge their credibility or elicit additional information.
- Legal Arguments: Both parties will have the opportunity to make legal arguments in support of their case. They may argue on issues such as the division of assets, child custody, and alimony/spousal maintenance.
Step 4: Final Judgment
The judge issues a final judgment specifying the terms of the divorce settlement. If either party wishes to appeal the final judgment, they must do so within the specified period and on specific legal grounds, such as an error in law or fact. The appeal must be filed in a higher Court.
Step 5: File For A Certificate Of Final Judgment
If no appeal is filed or if the appeal is unsuccessful, the finality of the judgment is confirmed after three (3) months. After this waiting period, either party may apply for a Certificate of Final Judgment through the eLitigation portal.
Documents Required To Get A Certified True Copy Of The Certificate Of Final Judgment
- NRIC or passport
- Divorce case number
- Name indicating the type of document required (i.e. Certificate to make Interim Judgment Final)
- Duly filled out Form 33 (Certificate of Final Judgment Form)
- The date of the application
- Details outlining the intended use of the certified true copy and how it will be relevant and necessary for the intended use
Step 6: Receive The Certificate Of Final Judgment
After the Court approves your request, you must print a copy and submit it to the Records Section at the Family Registry of the Family Justice Courts. The staff will verify your request and inform you of any additional fees.
Once paid, present the stamped request to the Family Registry, where you will receive the certified true copy of the Certificate of Final Judgment.
Conclusion About Final Judgment Of Divorce In Singapore
The final judgment of divorce in Singapore is a critical stage that marks the end of a long and often difficult journey for both parties. It is a time when the Court makes a final decision on matters that can have significant implications for the spouses’ futures.
At Singapore Family Lawyer, we understand the complexities of divorce proceedings. We are committed to providing compassionate and personalised legal advice, helping clients navigate the legal system with confidence and ease. If the process seems overwhelming, you may extract the Certificate of Final Judgment with our help.
Schedule a free 30-minute consultation now. We’ll hear your concerns and offer a preliminary assessment of your case.
Frequently Asked Questions About Final Judgment Of Divorce In Singapore
How Much Is A Certificate Of Final Judgment In Singapore?
The fee for a Certificate of Final Judgment in Singapore varies depending on the type of application and the mode of submission. It is important to note that the fee may be subject to change, and applicants should verify the latest fees with the relevant authorities.
Why Do I Need A Certificate Of Final Judgment?
A Certificate of Final Judgment proves that the divorce and settlement terms have been finalised. It is a legal document that may be required for various purposes, such as HDB-related transactions, insurance claims, and immigration applications. It is also necessary to apply for a remarriage licence in Singapore.
Can I Authorise Someone Else To Apply For A Certificate Of Final Judgment On My Behalf?
Yes, you can authorise someone else to apply for a Certificate of Final Judgment on your behalf by providing a written authorisation letter, along with a copy of your NRIC or passport and the authorised person’s NRIC or passport for verification.
What Is The Validity Period Of A Certificate Of Final Judgment?
The validity period of a Certificate of Final Judgment is three months from the date of issue. After this period, the certificate is no longer valid, and you must submit a new application if you require a certificate again.
