- Under the rules in force since 15 October 2024, a divorce starts with an originating application served on you personally.
- You generally have 14 days from service to file a notice to contest.
- A reply, or a cross-application on different grounds, is generally due within 28 days of service.
- You can agree to the divorce but still dispute the children, maintenance or assets.
- If you do not respond, the court can hear the case and grant the divorce in your absence.
- If you have a child under 21, you will also need to complete the Mandatory Co-Parenting Programme.
What you have received
For divorces filed on or after 15 October 2024, your spouse will have started the case with an originating application under the Family Justice Rules 2024. This single document sets out the grounds relied on, the facts said to show the marriage has broken down, and the orders your spouse is asking for on the children, maintenance and matrimonial assets. Your spouse must serve it on you, generally within 14 days of filing.
If the papers were filed before 15 October 2024, the older rules and documents (such as a writ and a memorandum of appearance) generally apply instead, and the steps below may not match. Check the filing date first.
The deadlines
The time limits run from the date you were served, so write that date down. Firm guides state the following for cases under the 2024 rules:
- Notice to contest: within 14 days of service, if you disagree with the divorce or with the orders being asked for
- Reply: within 28 days of service
- Cross-application: within 28 days of service, if you agree the marriage should end but on different grounds
Missing these dates can make it much harder to put your side forward, so treat them as firm.
Your options
Broadly, there are three ways to respond. You can agree to the divorce and to the proposed arrangements. You can contest the divorce itself, for example because you dispute the facts relied on. Or you can agree that the marriage should end while disputing some or all of the ancillary matters: custody, care and control and access for the children, maintenance, and the division of matrimonial assets.
The third option is common. Agreeing that the marriage has ended does not mean agreeing to your spouse's proposals on the home, money or the children. Those issues are dealt with separately after Interim Judgment, and each side must make full and frank disclosure of their finances.
If you do not respond
If no notice to contest is filed in time, your spouse can ask the court to proceed on an uncontested basis. The court may then hear the matter without you and grant Interim Judgment if the legal requirements are met. The ancillary matters would still need to be resolved, but you would have lost the chance to contest the divorce itself.
If you have children under 21
Where there is a child under 21, both parents must complete the Mandatory Co-Parenting Programme run by the Ministry of Social and Family Development, and the certificate of completion is filed with the court. If children are involved or the matter is contested, the court may also refer both of you to mediation or counselling.
Practical first steps
A few steps can help you respond calmly and on time.
- Note the date and manner in which you were served
- Read the grounds and the orders asked for, and mark what you agree and disagree with
- Gather documents on your income, savings, property and the children's expenses
- Avoid signing anything you do not fully understand
Speaking with a lawyer
Because the response deadlines are short, it helps to speak with a family lawyer soon after you are served. A lawyer can explain your options and help you file the right documents in time.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with a lawyer.
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