PART III | Commencement of proceedings in Court, etc. |
| 9.—(1) For the purposes of section 102(5)(b) of the Act, an application to the Court for a decree or order for divorce or nullity of marriage must be made by originating summons in Form 6. [S 910/2022 wef 30/11/2022] | (2) Except as otherwise provided in these Rules, all other proceedings in the Court must be commenced by filing an originating summons in Form 45A. [S 910/2022 wef 30/11/2022] |
| (3) An originating summons for divorce or nullity of marriage must be endorsed with a case statement in Form 7, 8 or 9, whichever is appropriate, unless the Court otherwise directs. [S 910/2022 wef 30/11/2022] |
| (4) A plaintiff must, at the time of filing of the originating summons endorsed with a case statement or at such other time as may be specified by the Court, file the plaintiff’s relevant CPF statement and additional CPF information. |
(5) After an originating summons has been served, the plaintiff may only amend the originating summons, or the case statement with which the originating summons is endorsed —| (a) | with the permission of the Court; or [S 148/2025 wef 03/03/2025] | | (b) | in such manner as is agreed to by the defendant. |
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| (6) Unless the Court otherwise directs, a copy of the amended originating summons, or amended case statement, must be served on the defendant. |
| (7) Except as expressly provided in these Rules, every application in a pending action or matter must be made by a summons in Form 10. [S 639/2018 wef 22/10/2018] |
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| Duration and renewal of originating summons |
9A.—(1) For the purposes of service, an originating summons is valid in the first instance for 12 months beginning on the date of its issue.| (2) Where an originating summons has not been served on a defendant, the Court may by order extend the validity of the originating summons from time to time for such period, not exceeding 6 months at any one time, beginning on the day next following that on which the validity of the originating summons would otherwise expire, as may be specified in the order, if an application for the extension is made to the Court before that day, or such later day as the Court may allow. [S 639/2018 wef 22/10/2018] |
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9B.—(1) Where an originating summons in respect of any proceedings for divorce or nullity of marriage discloses that there is any dependent child of the parties, the plaintiff must, unless the Court otherwise directs, file, together with the originating summons —| (a) | an agreed parenting plan in Form 11; or | | (b) | a proposed parenting plan in Form 12. |
| (2) Unless the Court otherwise directs, the parties to a marriage must try to agree on the arrangements for the welfare of every dependent child of the parties and file an agreed parenting plan. |
| (3) If the parties are unable to agree on the arrangements for the welfare of any dependent child of the parties, the parties may seek the advice and assistance of a person, whether or not a public officer, who is trained or has experience in matters relating to child welfare, so that the parties may resolve their disagreements harmoniously. |
| (4) In reaching an agreement on the arrangements for the welfare of any dependent child of the parties, the parties to the marriage must regard the welfare of that child as the paramount consideration. [S 639/2018 wef 22/10/2018] |
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| Matrimonial property plan |
9C.—(1) Where an originating summons in respect of any proceedings for divorce or nullity of marriage discloses that there is an HDB matrimonial asset to be divided, the plaintiff must, unless the Court otherwise directs, file, together with the originating summons —| (a) | an agreed matrimonial property plan in Form 13 and the particulars of arrangements for housing in Form 14; or | | (b) | a proposed matrimonial property plan in Form 15 and the particulars of arrangements for housing in Form 14. |
(2) Where, at any time after the filing of an originating summons in respect of proceedings for divorce or nullity of marriage, it is disclosed that there is an HDB matrimonial asset to be divided, the plaintiff must, unless the Court otherwise directs, file the documents mentioned in paragraph (1)(a) or (b) in Court —| (a) | within the time specified by the Court; or | | (b) | if no time is specified by the Court, before the Court makes any order under section 52(3)(d) of the Act. |
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| (3) Before the filing of an agreed matrimonial property plan under paragraph (1)(a), each party to the proceedings must obtain that party’s own relevant CPF statement and additional CPF information within such time and in such manner as the Court may specify. [S 910/2022 wef 30/11/2022] |
| (4) Before the filing of a proposed matrimonial property plan under paragraph (1)(b), the plaintiff must obtain the plaintiff’s relevant CPF statement and any additional CPF information, in the relevant Form and within such time as the Court may specify. [S 802/2022 wef 17/10/2022] |
| (5) [Deleted by S 910/2022 wef 30/11/2022] |
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| 10. [Deleted by S 639/2018 wef 22/10/2018] |
| Application to represent minor or person lacking capacity |
11.—(1) The lawful guardian of a minor or any other person having parental rights with respect to the minor may apply to the Court to represent the minor in any proceedings in the Court to which the minor is a party.(2) The following persons may apply to the Court to represent a person lacking capacity in any proceedings in the Court to which the person lacking capacity is a party:| (a) | a deputy appointed or deemed to be appointed for the person lacking capacity by the Court under the Mental Capacity Act 2008; [S 148/2025 wef 31/12/2021] | | (b) | a donee of a lasting power of attorney granted, by the person lacking capacity, under the Mental Capacity Act 2008; [S 148/2025 wef 31/12/2021] | | (c) | a person related by blood or marriage to the person lacking capacity. [S 639/2018 wef 22/10/2018] |
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| (3) An application under this rule must be made by summons in Form 16 and be supported by an affidavit. [S 639/2018 wef 22/10/2018] |
| (4) The Court may appoint the applicant referred to in paragraph (1) or (2) to represent the minor or person lacking capacity, as the case may be, in the proceedings if the Court thinks that this is not adverse to the interests of the minor or person lacking capacity. [S 639/2018 wef 22/10/2018] [S 148/2025 wef 03/03/2025] |
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| Service of certain documents on minor or person lacking capacity |
| 11A.—(1) Where in any proceedings a document is required to be served personally on any person and that person is a minor or person lacking capacity, this rule applies. [S 148/2025 wef 03/03/2025] (2) Subject to this rule, the document must be served —| (a) | in the case of a minor who is not also a person lacking capacity, on his or her father or guardian or, if he or she has no father or guardian, on the person with whom he or she resides or in whose care he or she is; and | | (b) | in the case of a person lacking capacity, on the person (if any) who is authorised under the Mental Capacity Act 2008 to conduct in the name of the person lacking capacity or on his or her behalf the proceedings in connection with which the document is to be served or, if there is no person so authorised, on the person with whom he or she resides or in whose care he or she is, |
| and must be served in the manner required by these Rules with respect to the document in question. |
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| (3) Despite anything in paragraph (2), the Court may order that a document which has been, or is to be, served on the minor or person lacking capacity or on a person other than a person mentioned in that paragraph is deemed to be duly served on the minor or person lacking capacity. [S 148/2025 wef 03/03/2025] |
| (4) Subject to paragraph (5), a judgment or an order requiring a person to do, or refrain from doing any act, a summons for the committal of any person, and an order to attend court issued to any person, must, if that person is a minor or person lacking capacity, be served personally on him or her unless the Court otherwise orders. [S 148/2025 wef 03/03/2025] |
| (5) Paragraph (4) does not apply to an order for the discovery or production of documents. [S 910/2022 wef 30/11/2022] [S 148/2025 wef 03/03/2025] |
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| Memorandum of defence and cross-application |
12.—(1) A defendant who has been served with an originating summons and case statement must, if the defendant wishes to defend the originating summons, file a memorandum of defence in Form 17, 18 or 19, whichever is appropriate —| (a) | within 21 days after the date of service of the originating summons and case statement; or | | (b) | where the Court has extended that period, within the extended period. |
| (2) The defendant must, as soon as practicable after filing the memorandum of defence, send to the plaintiff or the plaintiff’s solicitor a copy of the memorandum of defence sealed with the seal of the Court. |
| (3) Subject to paragraph (4), a defendant who has filed the memorandum of defence cannot amend the memorandum of defence, or raise any other ground of defence, without the permission of the Court. [S 148/2025 wef 03/03/2025] |
(4) Where the plaintiff has amended the plaintiff’s originating summons, or the case statement with which the originating summons is endorsed, with the agreement of the defendant under rule 9(5)(b) —| (a) | the defendant may, if the defendant has already served a memorandum of defence on the plaintiff, amend the memorandum of defence without the permission of the Court; and [S 148/2025 wef 03/03/2025] | | (b) | the defendant must, if the defendant wishes to defend the amended originating summons, or amended case statement, file a memorandum of defence or an amended memorandum of defence, as the case may be —| (i) | within 21 days after the date of service of the amended originating summons or amended case statement; or | | (ii) | where the Court has extended that period, within the extended period. |
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| (5) A defendant who wishes to make a cross-application must, unless the Court gives permission to the contrary, include the cross-application in the memorandum of defence. [S 148/2025 wef 03/03/2025] |
(6) Every cross-application must contain a statement of particulars setting out the following matters:| (a) | the nature of the cross-application; | | (b) | the grounds for —| (i) | the cross-application; and | | (ii) | the claims or relief sought; |
| | (c) | particulars of the facts relied upon in support of the cross-application. |
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| (7) A defendant who has filed a cross-application may not amend the cross-application without the permission of the Court. [S 148/2025 wef 03/03/2025] |
| (8) A defendant must, at the time of filing of the memorandum of defence or at such other time as may be specified by the Court, file the defendant’s relevant CPF statement and additional CPF information. |
(9) A defendant who has been served with a proposed parenting plan under rule 9B must, in any case where the Court so directs, within the time specified by the Court, or may, in any other case, on the date of filing of the memorandum of defence under this rule, file —| (a) | the defendant’s agreement in Form 20 to the proposed parenting plan; or | | (b) | a proposed parenting plan in Form 21 setting out the defendant’s proposed arrangements for the welfare of every dependent child of the parties. |
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(10) A defendant who has been served with a proposed matrimonial property plan under rule 9C must, in any case where the Court so directs, within the time specified by the Court, or may, in any other case, on the date of filing of the memorandum of defence under this rule, file —| (a) | the defendant’s agreement in Form 22 to the proposed matrimonial property plan, and the particulars of the HDB matrimonial asset in Form 14; or | | (b) | a proposed matrimonial property plan in Form 23 setting out the defendant’s proposed arrangements in respect of the HDB matrimonial asset, and the particulars of the matrimonial asset in Form 14. |
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(11) Any agreement or proposed parenting plan filed by the defendant under paragraph (9), and any agreement or proposed matrimonial property plan filed by the defendant under paragraph (10), must be sent to the plaintiff —| (a) | together with the defendant’s memorandum of defence; or | | (b) | if filed after the date of filing of the memorandum of defence, within 2 working days after that agreement, proposed parenting plan or proposed matrimonial property plan (as the case may be) is filed, or within such longer period as the Court may specify. [S 639/2018 wef 22/10/2018] |
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| Amendment of originating summons, memorandum of defence, etc. |
12A.—(1) Subject to these Rules, the Court may, at any stage of the proceedings, allow a party to amend that party’s originating summons, case statement, memorandum of defence or summons, or any other document filed by that party —| (a) | on such terms as to costs or otherwise as may be just; and | | (b) | in such manner, if any, as the Court may direct. |
| (2) An order granting permission to amend any originating summons, case statement, memorandum of defence, summons or other document may contain directions as to the making of consequential amendments to any other document that has already been filed, and as to the filing and service of the amended document or any other document. [S 148/2025 wef 03/03/2025] |
| (3) Where the originating summons or case statement has been amended in accordance with rule 9(5)(b), and whether or not the defendant files a memorandum of defence or an amended memorandum of defence (as the case may be) under rule 12(4), the Court may make an order directing the making of consequential amendments to any other document that has already been filed, and as to the filing and service of the amended document or any other document. [S 639/2018 wef 22/10/2018] |
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13.—(1) The Court may, at any time, on the application of any party to any proceedings (called in this rule the applicant), make an order requiring any other party (called in this rule the respondent) to make an affidavit stating whether any document specified or described in the application, or any class of documents so specified or described —| (a) | is or has at any time been in the respondent’s possession, custody or power; and | | (b) | if not in the respondent’s possession, custody or power, when the respondent parted with it and what has become of it. |
| (2) Upon making an order under paragraph (1), if a document or class of documents is stated by the respondent in the respondent’s affidavit to be in the respondent’s possession, custody or power, the Court may order the respondent to exhibit a copy of the document, or a copy of each document in the class of documents, in the affidavit. |
(3) An application for an order under this rule must be made by summons in Form 24 and be supported by an affidavit stating the belief of the deponent that —| (a) | the respondent has, or at some time had, in the respondent’s possession, custody or power, the document or class of documents specified or described in the application; and | | (b) | the document mentioned in sub-paragraph (a), or a document in the class of documents mentioned in sub-paragraph (a), falls within one of the following descriptions:| (i) | a document on which a party relies or will rely; | | (ii) | a document that could —| (A) | adversely affect a party’s case; or | | (B) | support a party’s case; |
| | (iii) | a document that may lead the applicant to a train of inquiry, resulting in the applicant obtaining information that may —| (A) | adversely affect a party’s case; or | | (B) | support a party’s case. |
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(4) Before an application under paragraph (1) is filed, the applicant must serve a written request in Form 25 on the respondent —| (a) | seeking discovery of the document or class of documents mentioned in paragraph (1); and | | (b) | setting out, in respect of each such document or class of documents, the reasons for requesting for discovery. |
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(5) The respondent must serve a notice in Form 26 within 14 days after the respondent is served with the written request, stating —| (a) | the document or class of documents the respondent is willing to provide discovery of, and in what mode the respondent is willing to provide such discovery; and | | (b) | the document or class of documents the respondent is not willing or not able to provide discovery of. |
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| (6) Unless otherwise agreed by the parties, the document or class of documents mentioned in paragraph (5)(a) must be provided or made available to the applicant within 28 days after the date the respondent is served with the written request. |
(7) No application may be made under paragraph (1) unless —| (a) | the time specified in paragraph (5) for serving the notice has elapsed, and the respondent has not served the notice; | | (b) | the time specified in paragraph (6) for providing or making available the document or class of documents mentioned in paragraph (5)(a) has elapsed, and the respondent has not provided or made available the document or class of documents; or | | (c) | the respondent has stated that the respondent is not willing or not able to provide discovery of any document or class of documents specified in the written request. |
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(8) In deciding whether to grant an order under paragraph (1), the Court must take into account —| (a) | the extent of discovery that the respondent has stated that the respondent is willing to provide under paragraph (5)(a); and | | (b) | any offer made by the respondent to give particulars or make admissions relating to any matter in question. |
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| (9) The Court must not make an order under paragraph (1) if, and so far as the Court is of the opinion that, the discovery is not necessary either for disposing fairly of the matter or for saving costs. |
| (10) The Court must not make an order under paragraph (1) against the respondent before the respondent has filed the respondent’s affidavit of evidence-in-chief, unless in the opinion of the Court there are exceptional circumstances necessitating the making of the order. [S 639/2018 wef 22/10/2018] |
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| Order for production to Court |
13A.—(1) The Court may, at any stage of the proceedings, order any party to produce to the Court any document in that party’s possession, custody or power that falls within one of the following descriptions:| (a) | a document on which a party relies or will rely; | | (b) | a document that could —| (i) | adversely affect a party’s case; or | | (ii) | support a party’s case; |
| | (c) | a document that may lead a party to a train of inquiry, resulting in the obtaining of information that may —| (i) | adversely affect a party’s case; or | | (ii) | support a party’s case. |
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| (2) The Court may deal with any document produced pursuant to an order under paragraph (1) in such manner as the Court thinks fit. [S 639/2018 wef 22/10/2018] |
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| Failure to comply with order of discovery or production |
13B. A party who fails to comply with any requirement in rule 13 or 13A, or any order made under rule 13 or 13A, to give discovery of, or to produce, any document —| (a) | may not rely on that document except with the permission of the Court; and [S 148/2025 wef 03/03/2025] | | (b) | may have an adverse inference drawn against that party. [S 639/2018 wef 22/10/2018] |
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| Information as to other proceedings relating to children |
| 13C. On any application relating to any dependent child of the parties, the applicant must bring to the Court’s attention any proceedings relating to that child that may be in progress in any court in Singapore or elsewhere. [S 639/2018 wef 22/10/2018] |
| Interim orders relating to child of parties |
14.—(1) The Court may, on the application of any party to any proceedings in the Court, during any stage in the proceedings, make an interim order on the —| (a) | custody, care and control of; or | | (b) | access to, |
| any child of the parties, if the Court thinks that it is in the interests of the child to do so. |
[S 639/2018 wef 22/10/2018] (2) Before making any interim order under paragraph (1), the Court must have regard to all the circumstances of the case, including the following matters:| (a) | whether there are any proceedings relating to the child that may be in progress in any court in Singapore or elsewhere, or are the subject of any order of court in Singapore; | | (b) | whether the child should be produced before the Court during the proceedings; | | (c) | whether any party is likely to take the child outside Singapore during the proceedings. [S 639/2018 wef 22/10/2018] |
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(3) An application under paragraph (1) —| (a) | must be made by summons in Form 27 and supported by an affidavit; and | | (b) | must be served on every other party to the proceedings within 7 days after the date of filing of the application in the Court, or within such other period as the Court may direct. [S 639/2018 wef 22/10/2018] |
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| (4) An application under paragraph (1) may be made ex parte in cases of urgency, and the Court may make an order subject to such terms as the Court thinks fit. [S 639/2018 wef 22/10/2018] |
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| Miscellaneous interim orders |
15.—(1) The Court may, on the application of any party to any proceedings in the Court, make an interim order —| (a) | in such terms as the Court thinks fit, for the purpose of facilitating or expediting the hearing of the proceedings; | | (b) | to allow an amendment of any case statement or Memorandum of Defence; | | (c) | to strike out or expunge any affidavit or part thereof; | | (d) | to permit the correction of any clerical error in any document filed in the Court; | | (e) | to extend the time required for the doing of anything under these Rules, or pursuant to any direction or order of the Court; or | | (f) | to set aside any order made in the absence of any party to the proceedings, not being an order relating to the marital status of the parties. [S 639/2018 wef 22/10/2018] |
(2) An application under paragraph (1) —| (a) | must be made by summons in Form 28 and supported by an affidavit; and | | (b) | must be served on every other party to the proceedings within 7 days after the date of filing of the application in the Court, or within such other period as the Court may direct. [S 639/2018 wef 22/10/2018] |
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| (3) The Court may, in an appropriate case, dispense with the requirement in paragraph (2). [S 639/2018 wef 22/10/2018] |
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16.—(1) The Court may, on the application of either or both of the following persons, join a person who is not a party to, but has an interest in, any proceedings in the Court (called in this rule the interested person) as an intervener in those proceedings on such terms as the Court thinks fit:| (a) | the interested person; | | (b) | a party to those proceedings, with the consent of the interested person. |
(2) An application under paragraph (1) —| (a) | must be made by summons in Form 29 and supported by an affidavit; and | | (b) | must be served on every other party to the proceedings within 7 days after the date of filing of the application in the Court, or within such other period as the Court may direct. [S 639/2018 wef 22/10/2018] |
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| Permission to commence or to continue civil proceedings |
17.—(1) An application for permission to commence or to continue proceedings under section 35A of the Act —| (a) | must be made by summons in Form 30 and supported by an affidavit made by the applicant; and | | (b) | must be served on every other party to the proceedings within 7 days after the date of filing of the application in the Court, or within such other period as the Court may direct. [S 639/2018 wef 22/10/2018] [S 148/2025 wef 03/03/2025] |
| (2) [Deleted by S 639/2018 wef 22/10/2018] |
| (3) A commencement certificate issued by the Court under section 35A(4) of the Act shall be in Form 31. [S 639/2018 wef 22/10/2018] |
| (4) A continuation certificate issued by the Court under section 35A(4) of the Act shall be in Form 32. [S 639/2018 wef 22/10/2018] |
| (5) A certificate of attendance issued by the Court under section 35A(7) of the Act shall be in Form 33. [S 639/2018 wef 22/10/2018] [S 148/2025 wef 03/03/2025] |
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17A.—(1) An application for a stay of proceedings under section 36 of the Act must be made by summons supported by an affidavit.| (2) An application under paragraph (1) must be served on every other party to the proceedings within 7 days after the date of filing of the application in the Court, or within such other period as the Court may direct. [S 639/2018 wef 22/10/2018] |
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| Withdrawal, compromise and settlement |
18.—(1) An originating summons or a summons in respect of any proceedings for divorce may be withdrawn by the plaintiff or applicant without the permission of the Court, if —| (a) | the husband has not pronounced talak; and | | (b) | either of the following applies:| (i) | at any time before the originating summons or summons is served on the defendant or respondent, the plaintiff or applicant files a Notice of Withdrawal in Form 34; | | (ii) | at any time before judgment, a Notice of Withdrawal in Form 34 that is signed by, and endorsed with the consent of, all the parties is filed. [S 148/2025 wef 03/03/2025] |
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| (2) An originating summons or a summons in respect of any other proceedings may be withdrawn by the plaintiff or applicant without the permission of the Court, at any time before the originating summons or summons is served on the defendant or respondent, by filing a Notice of Withdrawal in Form 34. [S 148/2025 wef 03/03/2025] |
| (3) Except as provided in paragraphs (1) and (2), a party may not withdraw an originating summons or a summons without the permission of the Court. [S 148/2025 wef 03/03/2025] |
| (4) The Court hearing an application for permission under paragraph (3) may order the originating summons or summons mentioned in that paragraph to be withdrawn on such terms as to costs, the bringing of a subsequent action or otherwise as the Court thinks fit. [S 148/2025 wef 03/03/2025] |
| (5) Where a party, who has withdrawn an originating summons or a summons and is ordered under paragraph (4) to pay any other party’s costs of the action, brings another action for the same (or substantially the same) matter, the Court may order that the second action be stayed until those costs are paid. |
(6) An originating summons in respect of any proceedings for divorce or nullity of marriage is deemed to be withdrawn against a defendant if —| (a) | either of the following is not filed, in respect of the service on that defendant of the originating summons and case statement, before the expiry of 6 months after the validity of the originating summons for the purpose of service has expired:| (i) | an affidavit of service in Form 35; | | (ii) | an acknowledgment of service in Form 36; and |
| | (b) | the defendant does not file a memorandum of defence under rule 12 within the period mentioned in sub-paragraph (a). |
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| (7) The parties to any proceedings in the Court may, at any stage of the proceedings, reach a compromise or settlement, and the Court may, if requested by the parties, record the terms of the compromise or settlement. |
| (8) A person, who has been appointed under rule 11 to represent any minor or person lacking capacity in any proceedings, must not withdraw the originating summons or summons by which the proceedings are commenced, or reach a compromise or settlement in the proceedings, without the permission of the Court. [S 639/2018 wef 22/10/2018] [S 148/2025 wef 03/03/2025] |
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| Court may make orders and give directions for just, expeditious and economical disposal of proceedings |
| 18A.—(1) The Court may, at any time after the commencement or at the hearing of any proceedings, of its own motion or on an application by any party to the proceedings, make such order or give such direction as the Court thinks fit, for the just, expeditious and economical disposal of the matter. [S 910/2022 wef 30/11/2022] (1A) An order under paragraph (1) may be made, and a direction under paragraph (1) may be given —| (a) | where the Court directs all or any of the parties to appear before the Court — in Court; or | | (b) | in any other case — through the electronic system. [S 910/2022 wef 30/11/2022] |
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(2) The directions that the Court may give under paragraph (1) include directions on one or more of the following matters:| (a) | that all or any of the parties to the proceedings attend counselling or participate in such family support programme or activity as the Court thinks fit; | | (b) | that all or any of the parties to the proceedings attend a mediation session or pre-trial conference relating to any matter arising in the proceedings; | | (c) | that evidence in proceedings be given orally or by affidavit, or by a combination of oral evidence and affidavit evidence, with or without cross-examination of any deponent; | | (d) | that a witness be called to give evidence with a view to assisting in the resolution or disposal of the proceedings; | | (e) | that evidence may be given through a live video or live television link; [S 148/2025 wef 03/03/2025] | | (f) | that any cross-examination or part of the cross-examination be restricted in scope or duration. [S 148/2025 wef 03/03/2025] |
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(3) Without affecting paragraph (1), at a mediation session or pre-trial conference, the Court may —| (a) | consider any matter, including the possibility of settlement of all or any of the issues in the proceedings; and | | (b) | require the parties to furnish to the Court such information as the Court thinks fit. |
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(4) Where a party defaults in complying with any order made or direction given by the Court under paragraph (1), the Court may —| (a) | dismiss the action; | | (b) | strike out the cross-application; or | | (c) | make such order as the Court thinks fit. [S 639/2018 wef 22/10/2018] |
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| Applications relating to orders under sections 36A and 36B of Act |
19.—(1) An application may be made by a summons supported by affidavit for an order under section 36A(2)(c) or (d) or (3) or 36B(2)(c) or (d) or (3) of the Act.| (2) An application may be made by a summons supported by affidavit for the permission of the Court to do anything otherwise prohibited under an order made under section 36A(2)(c) or (d) or (3)(c) or 36B(2)(c) or (d) or (3)(c) of the Act. |
| (3) An applicant who files the summons in paragraph (1) or (2) must serve on any other party the summons and supporting affidavit at least 7 days before the first hearing or any shorter period that the Court may allow. |
| (4) A party who intends to oppose the applicant’s summons must file and serve on the applicant an affidavit within 14 days, or any other period that the Court may allow, after being served with the applicant’s summons and supporting affidavit. |
| (5) Except in a special case, no further affidavit is to be received in evidence without the Court’s approval. [S 148/2025 wef 03/03/2025] |
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| 20.—(1) A party to any proceedings in the Court who desires a person to be summoned as a witness to give oral evidence during the proceedings or to produce before the Court a document in his possession, custody or control, may make an application in Form 37. [S 639/2018 wef 22/10/2018] | (2) On receipt of an application under paragraph (1), the registrar or the Court may issue a subpoena in Form 38 to the witness. [S 639/2018 wef 22/10/2018] |
| (3) Unless the Court otherwise orders, a subpoena must be served personally. [S 639/2018 wef 22/10/2018] |
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| 21. A warrant of arrest referred to in section 40 of the Act shall be in Form 39. [S 639/2018 wef 22/10/2018] |
| 22. [Deleted by S 639/2018 wef 22/10/2018] |
23.—(1) If, at the time appointed for the hearing of any cause of action or application in the Court, the plaintiff or applicant does not appear, the cause of action or application, as the case may be, may be struck out.(2) If, at the time appointed for the hearing of any cause of action or application in the Court, the defendant or any other respondent to the application does not appear, the Court may, if satisfied that the absent party has been duly served with the originating summons or application (as the case may be) at least 21 days before the date appointed for the hearing —| (a) | proceed with the hearing and give judgment for the plaintiff or make an order in favour of the applicant, as the case may be; | | (b) | make such other order as the Court thinks fit; or | | (c) | adjourn the hearing to another date. [S 639/2018 wef 22/10/2018] |
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| (3) Where a cause of action or an application has been struck out under paragraph (1), the Court may proceed to hear a cross-application relating to the same matter. [S 639/2018 wef 22/10/2018] |
| (4) If a party to any cause of action or application admits the other party’s claim in the cause of action or application, the Court may give judgment in respect of that claim for that party or make an order without hearing any evidence. [S 639/2018 wef 22/10/2018] |
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| Continuation of hearing by another president of Court |
23A.—(1) When a president of the Court who has commenced the hearing of an application is unable to complete the hearing, the senior president of the Court may nominate another president of the Court to continue the hearing.| (2) Nothing in this rule prevents the president of the Court so nominated from recalling all or any of the witnesses or taking their evidence afresh. [S 910/2022 wef 30/11/2022] |
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| Continuation of hearing by another member of Appeal Board |
23B.—(1) Where one or more members of an Appeal Board who have commenced the hearing of an appeal are unable to complete the hearing, the President of the Majlis may —| (a) | in the case of one or more members not presiding over the Appeal Board — select one or more persons from the panel of persons mentioned in section 55(3) of the Act to continue hearing the appeal; and | | (b) | in the case of a member presiding over the Appeal Board — nominate a person from the panel of persons mentioned in section 55(3) of the Act, or a remaining member of the Appeal Board, to continue presiding over the Appeal Board. |
| (2) Nothing in this rule prevents an Appeal Board reconstituted under paragraph (1)(a) or (b) from recalling all or any of the witnesses or taking their evidence afresh. [S 910/2022 wef 30/11/2022] |
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24.—(1) Unless otherwise directed by the Court, the evidence of a party to any proceedings in the Court and the party’s witnesses must be adduced by way of affidavit.(2) Every affidavit made by any person under these Rules must depose to —| (a) | the facts of which the deponent has personal cognizance; and | | (b) | where applicable, the belief of the deponent in the truth of any other facts. |
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| (3) The Court may, at any stage of any proceedings in the Court, appoint a person whom the Court considers appropriate to assist on any point of law, legal procedure or evidence. [S 639/2018 wef 22/10/2018] |
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| Filing of affidavits in originating summons or summons |
24A.—(1) Unless the Court otherwise directs, a plaintiff or an applicant who intends to adduce evidence in support of an originating summons (other than in respect of proceedings for divorce or nullity of marriage), a variation application or a summons (other than in respect of a variation application) must do so by affidavit.(2) The plaintiff or applicant must —| (a) | file the affidavit at the time of filing of the originating summons, variation application or summons; and | | (b) | serve a copy of the originating summons, variation application or summons, together with the supporting affidavit, on every defendant or respondent. |
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(3) A defendant or respondent who is served with, and intends to adduce evidence in relation to, an originating summons (other than in respect of proceedings for divorce or nullity of marriage), a variation application or a summons (other than in respect of a variation application) must file an affidavit-in-reply, and serve a copy of the affidavit-in-reply on the plaintiff or applicant, not later than —| (a) | in the case of any such originating summons or variation application, 21 days after the date of service of a copy of the plaintiff’s or applicant’s affidavit under paragraph (2); or | | (b) | in the case of any such summons, 14 days after the date of service of a copy of the plaintiff’s or applicant’s affidavit under paragraph (2). |
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| (4) Where the defendant or respondent has served a copy of an affidavit-in-reply in respect of an originating summons or a variation application mentioned in paragraph (3), the plaintiff or applicant may not file a further affidavit without the permission of the Court. [S 148/2025 wef 03/03/2025] |
| (5) Unless the Court otherwise directs, where the defendant or respondent has served a copy of an affidavit-in-reply in respect of a summons mentioned in paragraph (3), the plaintiff or applicant may file a further affidavit, and serve a copy of the further affidavit on the defendant or respondent, within 14 days after being served with the affidavit-in-reply. |
| (6) This rule does not apply to any affidavit of evidence-in-chief or reply affidavit filed in respect of an originating summons in respect of proceedings for divorce or nullity of marriage under rule 24B. [S 639/2018 wef 22/10/2018] |
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| Filing of affidavit of evidence-in-chief |
24B.—(1) In any proceedings for divorce or nullity of marriage, or in an application for an order to be made consequent on any proceedings for divorce or nullity of marriage, the parties must, if the Court so orders, file and exchange their affidavits of evidence-in-chief —| (a) | in such manner as the Court may direct; and | | (b) | within such period as the Court may direct. |
| (2) After the exchange of the affidavits of evidence-in-chief, a party may file, and serve on the other party, a reply affidavit in response to the other party’s affidavit of evidence-in-chief within such time as the Court may direct. |
| (3) No further affidavit is to be received in evidence without the permission of the Court. [S 148/2025 wef 03/03/2025] |
| (4) An application for permission under paragraph (3) must be made by way of summons, unless the Court otherwise directs. [S 639/2018 wef 22/10/2018] [S 148/2025 wef 03/03/2025] |
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| Swearing and signing of affidavit before and attestation by commissioner for oaths through live video or live television link |
24C.—(1) Without affecting section 109A(4) of the Act, an affidavit may be sworn and signed in Singapore before, and the attestation completed and signed by, a commissioner for oaths with the deponent appearing before the commissioner for oaths through a live video or live television link in accordance with paragraphs (2), (3) and (4).| (2) The live video or live television link must be created using a remote communication technology that complies with the requirements set out in any practice directions for the time being issued by the registrar. |
| (3) For the purpose of this rule, the deponent and the commissioner for oaths may sign the affidavit electronically in accordance with any requirements issued by the registrar. |
(4) Where the affidavit is to be taken, and an oath for the taking of the affidavit is to be administered, in Singapore by a commissioner for oaths through a live video or live television link, the commissioner for oaths must be able to —| (a) | maintain visual contact and communicate with the deponent and any interpreter present throughout the process; | | (b) | confirm the identity of the deponent and any interpreter present; | | (c) | verify by visual inspection, read, interpret and explain the document to be sworn and signed by the deponent; and | | (d) | confirm that the document which the commissioner for oaths later signs is the same document sworn and signed by the deponent. [S 148/2025 wef 03/03/2025] |
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| Examination of child directed by Court |
| 25. When considering any question relating to the welfare or interest of, or relating to the custody, care and control of and access to, any child, the Court may, on its own motion and with a view to obtaining a report on the welfare of the child, direct that the child be examined or assessed by a person, whether or not a public officer, who is trained or has experience in matters relating to child welfare. [S 639/2018 wef 22/10/2018] |
| Examination of child with permission of Court |
| 25A.—(1) An application for permission to appoint a registered medical practitioner, psychologist, counsellor, social worker or mental health professional under section 43B of the Act must be made by summons and supported by an affidavit. [S 148/2025 wef 03/03/2025] (2) At the hearing of the application for permission, the Court may give such directions and make such orders as it thinks fit, including directions —| (a) | relating to the appointment of an independent expert and the payment of the expert’s remuneration; and | | (b) | limiting the number of experts who may be called in the proceedings. [S 148/2025 wef 03/03/2025] |
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(3) To avoid doubt, no application under paragraph (1) may be made —| (a) | for the appointment of a registered medical practitioner, psychologist, counsellor, social worker or mental health professional who is —| (i) | a public officer in the Court; or | | (ii) | a person who is involved in the examination and assessment of the child pursuant to rule 25; or |
| | (b) | in respect of any examination or assessment of a child directed by the Court under rule 25. [S 639/2018 wef 22/10/2018] [S 148/2025 wef 03/03/2025] |
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| Role of child representative |
25B.—(1) Where the Court requires a child to attend before the Court for the purposes of resolving any issue involving the custody or welfare of the child, the Court may order a child representative to be present in Court during such attendance.| (2) The child representative must act in what the child representative believes to be in the best interests of the child. |
(3) Subject to paragraph (2) and unless the Court otherwise directs, the child representative must, as far as possible and to the best of the child representative’s ability —| (a) | assist the child in expressing the child’s view to the Court fully and accurately, and free from the influence of any person; and | | (b) | bring to the Court’s attention any matters or evidence relevant to advancing the interests of the child that the child representative is aware or cognizant of, having regard to the child representative’s training or experience in matters relating to child welfare. [S 639/2018 wef 22/10/2018] |
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| Persons who may be advised to attend family support programmes or activities |
25C. For the purposes of section 43A(1)(b) of the Act, the prescribed class of persons is any person who, in relation to a child of the parties —| (a) | is a guardian of the child appointed under the Guardianship of Infants Act 1934; | | (b) | regularly has the charge of, or control over, the child (whether solely or jointly with one or more persons); or | | (c) | is able to exercise a significant influence over —| (i) | how a party parents the child; or | | (ii) | the physical, mental, social or psychological wellbeing of the child. [S 148/2025 wef 03/03/2025] |
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| Consent decrees and orders |
26.—(1) Where the parties to any proceedings in the Court consent to a divorce, the registrar may make a decree of divorce and any order which the Court may make under section 52 of the Act.| (2) Paragraph (1) shall not apply if the divorce is by 3 talak or the third talak. |
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| Judgment decrees and orders |
27.—(1) Every decree of divorce or nullity of marriage, and every order made by the Court, must be —| (a) | issued by the Court in Form 40 or Form 41, whichever is appropriate; | | (b) | dated and signed by the Court; and | | (c) | sealed and retained by the Court. |
| (2) A certified copy of any decree or order made by the Court may be issued to any party to the proceedings on payment of the prescribed fee specified in the Third Schedule. |
| (3) An order granted on an ex parte application under rule 14(4) must be in Form 42. [S 639/2018 wef 22/10/2018] |
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| 28. A variation application must be made to the Court by summons supported by an affidavit. [S 639/2018 wef 22/10/2018] |
| 29. A divorce must be registered in the Register of Divorces in Form 3. [S 639/2018 wef 22/10/2018] |
| 30. [Deleted by S 51/2009 wef 01/03/2009] |
31.—(1) A party to any proceedings is not entitled to recover any costs of or incidental to the proceedings from any other party to the proceedings except under an order of the Court.| (2) If the Court in its discretion sees fit to make any order as to the costs of or incidental to any proceedings, the Court must order the costs to follow the event, except when it appears to the Court that in the circumstances of the case some other order should be made as to the whole or any part of the costs. |
| (3) The Court may, in an appropriate case, order a solicitor acting for a party in any proceedings in the Court to bear the solicitor’s costs personally. |
| (4) In making an order under this rule, the Court may have regard to any practice applicable to civil proceedings in any court. |
| (5) In this rule, “costs” includes any fees, charges, disbursements, expenses and remuneration of any of the parties to the proceedings, witnesses and any intervener joined by the Court under rule 16(1). [S 639/2018 wef 22/10/2018] |
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| 32.—(1) The appointment of hakam by the Court under section 50(1) of the Act must be made in Form 43. [S 639/2018 wef 22/10/2018] | (2) A solicitor acting for any party to be divorced may, with the permission of the Court, be present at any meeting of the hakam and the parties. [S 639/2018 wef 22/10/2018] [S 148/2025 wef 03/03/2025] |
| (3) The hakam may recommend an appropriate amount of redemption money for the parties’ agreement, and, if the parties agree on that recommended amount, the Court may cause the husband to pronounce a divorce by redemption (khuluk). [S 910/2022 wef 30/11/2022] |
(4) A party dissatisfied with a decision of the Court (whether made by a president of the Court or the registrar) to appoint hakam under section 50(1) of the Act may, before the hakam pronounces a divorce under section 50(6) or (7) of the Act, appeal against the decision —| (a) | to a president of the Court, if the decision was made by the registrar; and [S 639/2018 wef 22/10/2018] | | (b) | to the Appeal Board, if the decision was made by a president of the Court. [S 51/2009 wef 01/03/2009] [S 639/2018 wef 22/10/2018] [S 639/2018 wef 22/10/2018] [S 910/2022 wef 30/11/2022] |
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| (5) [Deleted by S 910/2022 wef 30/11/2022] |
| (6) No appeal lies against a pronouncement of divorce by the hakam under section 50(6) or (7) of the Act. [S 910/2022 wef 30/11/2022] |
| (7) The fees for the hakam shall be borne by the parties to be divorced and shall be of such amount as the Court may determine. |
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| Service of originating summons, etc. |
33.—(1) Unless the Court otherwise directs, the plaintiff must serve the following on the defendant personally or by registered post:| (a) | in the case of an originating summons in respect of any proceedings for divorce or nullity of marriage, a copy each of the originating summons and case statement, together with —| (i) | a copy of an acknowledgment of service in Form 36; | | (ii) | a copy of a memorandum of defence in Form 17, 18 or 19, as appropriate; | | (iii) | a copy of any parenting plan filed under rule 9B; and | | (iv) | a copy of any matrimonial property plan filed under rule 9C; |
| | (b) | in any other case, a copy each of the originating summons and any case statement. |
| (2) Unless the Court otherwise directs, the defendant must serve a copy of a cross-application in proceedings for a divorce on the plaintiff personally or by registered post. |
| (3) Unless the Court otherwise directs, the applicant in a variation application must serve a copy of the variation application on the respondent personally or by registered post. |
| (4) Personal service under these Rules must be effected by a process server of the Court, by a solicitor, or by a solicitor’s clerk whose name and particulars have been notified to the Court in such manner as the Court may direct for this purpose. |
| (5) Despite paragraph (4), the Court may, in a particular cause or matter, allow personal service to be effected by any other named person and must, in that case, cause to be marked on the document required to be served personally, a memorandum to that effect. |
| (6) Personal service of an originating summons, a cross-application or a variation application is effected by leaving with the person to be served a sealed copy of the originating summons, cross-application or variation application. |
| (6A) Personal service of a document under these Rules may also be effected in such other manner as may be agreed between the party serving and the party to be served. [S 910/2022 wef 30/11/2022] |
| (7) Where an originating summons, a cross-application or a variation application is served by registered post, a copy of an acknowledgment of service in Form 36 must be served together with the originating summons, cross-application or variation application. |
(8) Where the solicitor for a party endorses on a document served under paragraph (1), (2) or (3) a statement that the solicitor accepts service of the document on the party’s behalf, the document is deemed —| (a) | to have been duly served on the party; and | | (b) | to have been so served on the date on which the endorsement was made. |
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(9) For the purposes of paragraphs (1), (2), (3) and (7), a party’s document is deemed to have been duly served on another party by registered post if —| (a) | the document is sent by prepaid registered post to the second-mentioned party; and | | (b) | the second-mentioned party signs and returns an acknowledgment of service in Form 36 to the solicitor for the first-mentioned party, or to the first-mentioned party (if the first-mentioned party is acting in person), at the first-mentioned party’s address for service. [S 639/2018 wef 22/10/2018] |
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| 34.—(1) The Court may, on an application for permission to substitute any mode of service specified in rule 33 with another mode of service, or with notice of proceedings by advertisement, direct that service be effected in such mode of service as the Court thinks fit. [S 148/2025 wef 03/03/2025] | (2) An application for permission under paragraph (1) must be made ex parte by summons supported by an affidavit setting out the grounds of the application. [S 148/2025 wef 03/03/2025] |
| (3) Where permission is given under paragraph (1) to substitute any mode of service specified in rule 33 with notice of proceedings by advertisement, the form of the advertisement must be made in accordance with Form 44. [S 148/2025 wef 03/03/2025] |
| (4) The Court may, in an appropriate case, order that service on any person of an originating summons or a variation application, and any subsequent or related documents filed in the proceedings, be dispensed with. [S 639/2018 wef 22/10/2018] |
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34A. Unless the Court otherwise directs, an originating summons in respect of any proceedings for divorce or nullity of marriage must not proceed to trial or hearing unless —| (a) | the defendant has filed a memorandum of defence under rule 12; or | | (b) | where the defendant has not filed a memorandum of defence —| (i) | it is shown by affidavit in Form 35 that the defendant has been served with the originating summons and case statement; | | (ii) | the defendant has returned to the plaintiff’s solicitor, or to the plaintiff (if the plaintiff is acting in person), an acknowledgment of service in Form 36, and that acknowledgment of service is filed in Court; | | (iii) | it is shown by the form titled “Form for Acknowledgment of Service (By Court Process Server)” that the defendant has been served with the originating summons and case statement by a process server of the Court; or | | (iv) | the defendant has appeared in Court at least once for the purposes of the proceedings. [S 639/2018 wef 22/10/2018] |
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| Service of summons and other documents |
35.—(1) Subject to rules 33, 34 and 34A, unless the Court otherwise directs, any summons or other document must be served by ordinary service in accordance with paragraph (2).(2) Ordinary service, of any document that is not required to be served personally, is effected —| (a) | by leaving the document at the address for service of the person to be served; | | (b) | by sending the document by post to the address for service of the person to be served; [S 910/2022 wef 30/11/2022] | | (ba) | in such other manner as may be agreed between the party serving and the party to be served; or [S 910/2022 wef 30/11/2022] | | (c) | in such other manner as the Court may direct. |
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| (3) For the purposes of paragraph (2), if at the time when service is effected, the person who is to be served has no address for service, his address for service is his usual or last known address. |
| (4) Unless otherwise provided or directed by the Court, a summons must be served within 7 days after the filing of the summons. |
| (5) The Court may, in an appropriate case, order that service on any person of a summons or document, and any subsequent or related documents filed in the proceedings, be dispensed with. [S 639/2018 wef 22/10/2018] |
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35A. An affidavit of service of any document must —| (a) | state by whom the document was served; | | (b) | state the day of the week and the date on which the document was served; | | (c) | state where and how the document was served; and | | (d) | be in Form 35. [S 639/2018 wef 22/10/2018] |
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| Application for order of presumption of death |
| 36.—(1) An application by any person for an order that his spouse be presumed dead under section 54 of the Act shall be made ex parte in Form 45 supported by an affidavit made by the applicant. [S 639/2018 wef 22/10/2018] (2) At the hearing of an application under paragraph (1), the Court may —| (a) | give such directions as it thinks fit as to the service of the application on any person who may have an interest in or who may assist the Court in the matter; | | (b) | require further evidence to be adduced either by way of oral testimony or by further affidavit; or | | (c) | proceed to hear the application. |
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| (3) The certificate of presumption of death issued by the Court under section 54 of the Act shall be in Form 46. [S 639/2018 wef 22/10/2018] |
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| Appointment and discharge of solicitors |
| 37.—(1) Where a party appoints a solicitor to act in any cause or matter on the party’s behalf, a notice of appointment of solicitor in Form 47 must be filed in the Court. [S 910/2022 wef 30/11/2022] | (2) A solicitor who is acting for a party in any cause or matter must attend all proceedings in the Court relating to that cause or matter, including mediation sessions and pre-trial conferences. [S 910/2022 wef 30/11/2022] |
| (2A) Paragraph (2) does not apply in respect of any proceedings for which a party files a notice of intention in accordance with paragraph (5) to act in person. [S 910/2022 wef 30/11/2022] |
(3) Where a party who has appointed a solicitor to act in any cause or matter appoints another solicitor in place of that solicitor —| (a) | a notice of change of solicitor in Form 48 must be filed in the Court; and | | (b) | until that notice is filed and served in accordance with this rule, the first-mentioned solicitor is to be treated as the solicitor of the party. [S 910/2022 wef 30/11/2022] |
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| (4) A party giving a notice mentioned in paragraph (1) or (3) must serve a copy of the notice on every other party to the cause or matter and, in the case of a change of solicitors, on the former solicitor. [S 910/2022 wef 30/11/2022] |
| (5) Where a party represented by a solicitor in any cause or matter intends and is entitled to act in person in any proceedings relating to that cause or matter, the party may make that change without an order by filing a notice of intention to act in person in Form 49, whether or not the solicitor in that cause or matter is subsequently discharged. [S 910/2022 wef 30/11/2022] |
| (5A) A party filing a notice of intention under paragraph (5) must serve a copy of the notice of intention on every other party to the cause or matter and the solicitor representing the party in that cause or matter, and paragraph (3)(b) applies to the notice of intention as it applies to a notice of change of solicitor, except that the notice of intention must contain an address for service of the party giving notice. [S 910/2022 wef 30/11/2022] |
(6) Where a solicitor who has acted for a party in any proceedings or cause or matter ceases so to act, and the party has not given a notice of change in accordance with paragraph (3) or a notice of intention to act in person in accordance with paragraph (5) —| (a) | the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the proceedings or cause or matter; and [S 910/2022 wef 30/11/2022] | | (b) | the Court may make an order accordingly. [S 910/2022 wef 30/11/2022] |
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(7) An application for an order under paragraph (6) must —| (a) | be made by summons in Form 50; and | | (b) | be supported by an affidavit stating the grounds of the application. |
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| (8) Despite paragraph (6), until the solicitor serves a copy of the order and files a notice in Form 51, the solicitor is considered the solicitor of the party. [S 639/2018 wef 22/10/2018] |
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| Appeals from directions and orders of registrar |
| 38.—(1) An appeal shall lie from any direction or order of the registrar to a president of the Court. [S 639/2018 wef 22/10/2018] | (2) An appeal under this rule shall be commenced by filing in the Court a notice of appeal in Form 52 addressed to the senior president of the Court not later than 14 days from the date of the direction or order of the registrar. [S 639/2018 wef 22/10/2018] |
| (3) The appellant shall serve on every respondent to the appeal a copy of the notice of appeal within 3 days of filing the notice of appeal in the Court. |
| (4) An appeal to a president of the Court under this rule shall be heard by way of rehearing. [S 639/2018 wef 22/10/2018] |
(5) No appeal shall lie from a decision of a president of the Court on an appeal under this rule except —| (a) | an appeal from an interim order made by the registrar under rule 14(1); and | | (b) | an appeal from a consent decree or order made by the registrar under rule 26(1). [S 639/2018 wef 22/10/2018] |
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| (6) Notwithstanding anything in this rule, the Court may, if it thinks fit, extend the time required for the doing of any act under this rule. |
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