You would have received a letter from the Petitioner's lawyers informing you of the Petitioner's intention to divorce before proceedings actually commence in court. If you are unsure of the implications, you should consult lawyers to advise you. Click here to consult a lawyer. You should do the same when you are served with the Petition and other documents. If you do not have lawyers and have been served with the Petition and other documents, the person who hands you the documents will ask you to sign the Acknowledgement of Service. It is normally alright to do so. Among the documents served in a Memorandum of Appearance which contains such as:
- Whether you intend to contest the divorce by filing an Answer;
- Whether you intend to ask the court to decide on any ancillary issue; and
- Whether you consent to the divorce (if it based on 3-Years Separation).
Q: What if I do not intend to contest the divorce?You should state in your Memorandum of Appearance that you do not intend to file an Answer but you intend to contest ancillary issues. If so, you must file an Affidavit, a sworn statement, setting out your assets, income and expenses as well as those you believe that your spouse has. The Affidavit must be served on the Petitioner's lawyers.
Q: But I do intend to contest the divorce?
You should state so in your Memorandum of Appearance and file it in Court and the sealed copy from the court should be served on the Petitioner's lawyers within the stipulated time specified in the documents served on you. You should adhere to the time limits strictly or you may not be allowed to contest the divorce. An Answer should also be filed in court and served as well. However, a Cross-Petition should be filed if you say that the marriage has broken down irretrievably for reasons other than those stated in the Petition.
If you do intend to contest ancillary issues, you must file an Affidavit, a sworn statement, setting out your assets, income and expenses as well as those you believe that your spouse has. The Affidavit must be served on the Petitioner's lawyers.
Q: My wife and I just got divorced. Can I still own the HDB flat?
No as you have applied for the flat on the basis that you were married. HDB requires the owner of the flat to have a family nucleus.
Oct 14, 2008 - 02:32 AM
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