- By Netto & Magin LLC
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General overview of the syariah divorce process in Singapore
In Singapore, Muslim divorces are governed by the Administration of Muslim Law Act 1996 (AMLA) and the Muslim Marriage and Divorce Rules. and fall under the jurisdiction of the Syariah Court of the Republic of Singapore (SYC). The process is distinct from civil divorce, given the emphasis on the prospect of reconciliation and counselling. To smoothly facilitate the dissolution of a Muslim marriage in Singapore, it is crucial to understand the requisite process for one to make an informed decision before commencing divorce. A brief overview of the Syariah divorce process in Singapore is as follows:
Overview of the Process:
- Registration for Marriage Counselling Programme
- Issuance of Pre OS email
- Filing and Service of Originating Summons for Divorce
- Attend mediation at SYC
- 4a. If there is no amicable resolution, matter will be fixed for a Pre-Trial Conference (PTC)
- 4b. If there is amicable resolution between parties, a Consent Order will be recorded. Matter is then concluded
- Attend PTC
- Compliance with directions provided by the Court at the PTC
- Attend Hearing
- Issuance of Decree and Divorce Certificate
- Appeal to MUIS Appeal Board
1. Registration for Marriage Counselling Programme
Before commencing any proceedings in the Syariah Court, a mandatory requirement in the Syariah divorce process is the registration and attendance of the Marriage Counselling Programme (MCP). Registration is commenced through the Syariah Court Portal (SYC Portal), wherein an applicant would be required to input parties’ particulars and select a date and agency for the MCP to be convened at. Once the applicant has successfully registered for the MCP, the applicant is to inform the spouse of the MCP and attend collectively at the relevant date and place.
2. Issuance of Pre-OS email
The discretion in respect of the number of counselling sessions required for parties to attend will be left to the respective counsellor. At the counselling session, parties will be encouraged to discuss their marital issues and explore any potential reconciliation. Once the counsellor has determined that counselling is no longer required, parties would then have to decision on the marriage.
If one party, or both, wish to proceed with divorce, a Pre-OS email will be sent to the applicant, signifying the completion of the MCP. In the Pre-OS email, a case ID will be provided for use in the filing of the divorce documents in the SYC Portal thereafter. It is important to note that a party who wishes to proceed with divorce in the Syariah Court is required to file the necessary documents within 6 months of the last counselling date. Failure to do so would result in an automatic closure of the case.
3. Filing and Service of Originating Summons for Divorce
The party who initiates the divorce will be known as the Plaintiff. The Plaintiff is required to file the following documents online by way of the SYC Portal:
(a) Originating Summons for Divorce;
(b) Case Statement;
(c) Plaintiff’s Agreed Parenting Plan OR Plaintiff’s Proposed Parenting Plan (only if there are minor children of the marriage);
(d) Plaintiff’s Agreed Matrimonial Property Plan OR Plaintiff’s Proposed Matrimonial Property Plan and the Particulars for Arrangements for housing (only if there is a Matrimonial Property involved).
Subsequently, once the Plaintiff has filed the required documents and the documents are accepted by the Syariah Court, the Plaintiff must serve the divorce documents on the spouse, who will be known as the Defendant. A mediation date for the matter would also be provided by the Syariah Court once the Plaintiff’s documents are accepted.
Upon receiving the Plaintiff’s documents, the Defendant is then required to file the following documents online by way of the SYC Portal, in response to the Plaintiff’s documents:
(a) Memorandum of Defence;
(b) Defendant’s Agreement to Plaintiff’s Proposed Parenting Plan OR Defendant’s Proposed Parenting Plan;
(c) Defendant’s Agreement to Plaintiff’s Proposed Matrimonial Property Plan OR Defendant’s Proposed Matrimonial Property Plan, and the Particulars for Arrangement for Housing.
The Defendant’s documents are to be filed within 21 days after the date of service of the Plaintiff’s documents on the Defendant, unless otherwise directed by the Court. Once the Defendant has filed the Defendants’ documents and the documents are accepted by the Syariah Court, the Defendant is to serve the Defendant’s documents on the Plaintiff. This is to ensure that both parties can adequately prepare for the Mediation session.
The relevant forms may be found on the Syariah Court website.
https://syariahcourt.gov.sg/en/Resources/Forms
4. Attending Mediation at SYC
Mediation is a compulsory step in the Syariah Divorce process. Ultimately, the goal of mediation is for parties to come to an amicable resolution of the matter and obtain a “clean break”, so as to prevent any further acrimony. This is where parties would attend at the Syariah Court before a court-appointed mediator to discuss the divorce itself and the ancillary issues in the matter.
In the event that parties are able to come to an agreement on the terms of the divorce and the ancillary issues and full settlement of the matter is achieved at the mediation, a Consent Order will be prepared by the mediator and recorded before a President of the Syariah Court. The proceedings are Syariah Court are then concluded.
5. Attending PTC
Contested divorce
If mediation is unsuccessful and parties are unable to come to an agreement, the matter will be moved to a Pre-Trial Conference (PTC). Typically, a matter is moved to PTC when there are contested issues between the parties, thus requiring the filing of further documents, such as an Affidavit of Evidence in Chief, in the proceedings. At the PTC, a Registrar in the Syariah Court would provide directions for the filing of such documents.
6. Compliance with directions given at the PTC
Once the Registrar has proceeded to issue directions for the filing of further documents, it is imperative that parties comply with the directions so that the matter can be conducted smoothly and efficiently. In the event that there is any non-compliance with the directions given by the Registrar, the matter may be prolonged until the Registrar is satisfied that the matter can be moved forward. Once the Registrar determines that the matter is ready to be fixed for a Hearing, a Hearing date will be provided to the parties.
7. Attending the Hearing at SYC
A Hearing is where parties attend before a President of the Syariah Court for the Court to adjudicate the matter. At the Hearing, the Court will hear parties’ respective evidence and arguments, and formally decide the matter based on the law.
Conventionally, the Court will issue a decision on the matter at the Hearing, unless the Court has reasons to direct otherwise. The Court may sometimes require additional time to deliberate the evidence and the submissions made by parties, and may adjourn the matter for a further Hearing, or for the Court to issue its decision.
In cases where there are issues pertaining to the Custody, Care and Control and Access of children, and the issues are contested between the parties, the Court may adjourn the Hearing and call for a Custody Evaluation Report on the children to be prepared.
8. Issuance of Decree and Certificate of Divorce
Finally, the Court will issue a judgment on the divorce and make the orders on all ancillary matters. The terms of the Court’s decision will be stipulated in a court order known as a Decree, which will be made available to parties shortly after the Hearing of the matter. The Divorce Certificate will be made available to parties once the iddah period for the wife has concluded. The divorce process in the Syariah Court is thereafter concluded.
9. Appeal to MUIS Appeal Board
In the event that one party is dissatisfied with the outcome of the Court’s decision, whether made by a Registrar or a President of the Syariah Court, an available recourse would be to lodge an appeal against part or whole of the Court’s decision, to the Majlis Ugama Islam Singapura (MUIS) Appeal Board. For appeals against a direction or order of the Registrar, a Notice of Appeal must be filed within 14 days from the date of the direction or order. For appeals against a decision of the President of the Syariah Court, a Notice of Appeal must be filed within 30 days from the decision of the Court.
DISCLAIMER: THE INFORMATION CONTAINED WITHIN THIS WEBSITE CONTAINS GENERAL INFORMATION AND IS NOT INTENDED TO CONSTITUTE AS LEGAL ADVICE. PLEASE CONSULT OUR LAWYER FOR SPECIFIC REVIEW OF YOUR CASE AND ADVISE.
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