If you want to learn about divorce proceedings in the Syariah Court, keep reading because this article will guide you through the steps you need to undertake.
Registration
A party has to register through the Registration Form that can be downloaded from the Syariah Court’s website.
Mandatory counselling
There are several approved counselling agencies in Singapore, such as:
Those agencies will conduct mandatory counselling to parties that are required to attend sessions.
Issuance of divorce originating summons
After attending the final counselling session, parties must file the divorce Originating Summons within six months. You can find forms on the Syariah Court website.
Mediation
The parties have the opportunity to settle all issues and claims during mediation sessions. If they manage to agree upon a settlement during mediation, the parties will participate in the meeting before the president of the Syariah Court. The court will record their consent, and if it approves the agreement, the divorce proceedings end in this phase.
Pre-trial conference
If parties fail to settle during their mediation sessions, the case is going to be adjourned for a pre-trial conference. At the pre-trial conference, the registrar of the Syariah Court will give the parties instructions for filing affidavits and for other steps needed to prepare the case for a hearing. Sometimes, parties have to attend several pre-trial conferences.
Hearing
During the hearing, the court will invite the husband to pronounce the divorce (talak) in case he has not already done so. If the husband has already pronounced the divorce, the court will rule on the validity of a previously declared talak. If the wife alleges that the husband has breached any written condition of marriage or claims that it is to be dissolved on the grounds of fasakh, the court will first determine if the breach happened or if she falsely accused him. Afterwards, the court will hear the parties on the other issues and claims (nafkah iddah, mutaah, custody of children, division of marital assets, etc.). Upon examination of all claims, the court will deliver the final judgment. The court can do this on the same date or another one, and it means the divorce proceeding ends. If either of the parties is not content with the final judgment or any of the orders made by the court, a party can appeal to the Appeal Board within 30 days from the date of the order.
Hakam session and further hearing
In some cases, the court will appoint two arbitrators (hakams) to decide on the issue of divorce if:
- The husband refuses to pronounce the divorce (talak) at the hearing, and the evidence does not confirm he has breached any written condition of marriage (taklik);
- The marriage cannot be dissolved on the grounds of fasakh.
When the court decides to appoint two hakams, it will adjourn the case for a hakam session and a further hearing. The court will then hear the arbitrator's report on the issue of divorce. In cases when the husband continues to refuse to pronounce the talak and the hakams cannot perform a reconciliation, or there are no other means to dissolve the marriage (khuluk or talak tafweed), they can divorce the parties by talak wajib. The court will then hear the parties regarding other issues and claims. Afterwards, it will deliver its judgment and end the divorce proceeding. Again, if one party is dissatisfied with any of the court orders, he or she may appeal to the Appeal Board within 30 days from the date of the order. Note: Further hearings may also be scheduled to await receipt of a custody evaluation report or for other reasons as directed by the court.
