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Application for Divorce (Plaintiff) PDF

16 Pages·2013·0.57 MB·English
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Preview Application for Divorce (Plaintiff)

Application for Divorce (Plaintiff) wef 13/2/2013 – Version 1 This form will take you 20 minutes to complete if you have the relevant documents. Instructions: 1) To speed up your divorce application for legal aid, please complete all the sections in this form before coming down for your first appointment. There are 12 sections to be completed. You may seek the assistance of your family or friend to fill up this form. 2) Bring all necessary and relevant documents (please refer to checklist at the side) on your first appointment. 3) Please write legibly in the fields below and tick, circle, or delete where necessary. Name and NRIC:__________________________________ (1) PARTICULARS OF YOUR MARRIAGE Checklist of documents Note: Photocopies of documents submitted are (a) Date of Registration: _ _ / _ _ / _ _ _ _ (dd/mm/yy) for the Bureau’s retention. Place of Registration: ROM / Others (please specify)  Original Marriage ___________________________________ Certificate for verification  3 photocopies of your (b) Date of Solemnisation: _ _ / _ _ / _ _ _ _ (dd/mm/yy) Original Marriage Certificate Place of Solemnisation: ROM / Others (please specify) ____________ _________________ (c) Marriage Certificate No.: ______________ (2) REASONS FOR DIVORCE 4 YEARS SEPARATION: My spouse and I have been sleeping/living separately for at least the past 4 years. Since our separation, we do not have any sexual relations or do any household chores for each other or go out together as a family.  Yes (continue on to Section 3 oNno p age 3) ↓ 3 YEARS SEPARATION: My spouse and I have been sleeping/living separately for the past 3 years. Since our separation, we do not have any sexual relations or do any household chores for each other or go out together as a family. My spouse also agrees to sign the consent to divorce.  Yes (continue on to Section 3 oNno p age 3) ↓ Checklist of documents UNREASONABLE BEHAVIOUR (UB): Note: Photocopies of documents submitted are for the Bureau’s retention. I am unable to tolerate my spouse’s unreasonable behaviour(s) (please tick if submitting) and this/these happened within the past 6 months (if Yes, please (For UB) tick those that apply and then continue on to Section 3 on page 3):  Photocopies of Police reports related to spouse’s unreasonable behaviour  Photocopies of Medical  Violence against me and/or children reports related to spouse’s unreasonable behaviour  Often use of vulgarities or abusive language  Photo/video evidence related to spouse’s  Excessive drinking unreasonable behaviour  Excessive gambling  Photocopies of Documentary evidence related to spouse’s  Drug abuse unreasonable behaviour  Borrowing from loansharks or licensed moneylenders No ↓  Improper association with a 3rd party 2 YEARS DESERTION:  Failure to provide for the family My spouse has deserted me for a continuous period of at least 2  Forced you to do things against your will years. My spouse left without my agreement and wanted to bring the mFaairlruiraeg eto t oc aarne efonrd fwamheilny s he/he left me.  YReesf (ucsoen ttion uhea voen stoe xSueactli orenl a3t ioonn psa wgei t3h)o ut valid reason No ↓  Others (please specify): (For adultery) ADULTERY:  Private Investigator’s Report on adultery My spouse has committed adultery and I find it intolerable to  Photocopies of Birth live with him anymore. I only know of the adultery less than 6 certificate of illegitimate child(ren) months ago. (You will need strong evidence to proof of the adultery e.g. Private investigator’s report, birth cert of  Photographic evidence of adultery illegitimate child, photographs or videos of parties having sexual  Video evidence of adultery relations or very intimate positions, or a sworn statement / statutory declaration from the spouse that has committed  Photocopy of Sworn statement / statutory adultery.) declaration from spouse that committed adultery  Yes (continue on to Section 3 on page 3) No  Others (please specify): ↓ If the answers to all the above boxes are “No”, OR if you have been married for less than 3 years, please seek legal advice on your options. You can do so at the Legal Aid Bureau if you are eligible for legal aid. If you are not eligible, please see a private lawyer, or seek advice from a legal clinic. 2 (3) LAST ADDRESS AT WHICH YOU AND YOUR Checklist of documents Note: Photocopies of SPOUSE LIVED TOGETHER: documents submitted are for the Bureau’s retention. ______________________________________ (please tick if submitting) (4) HAVE YOU / SPOUSE SOLD ANY PROPERTY IN THE LAST 12 MONTHS? Yes / No If YES, please state: i) Address: ______________________________________  HDB Completion Statement for sold flat ii) Type of property: Public / Private iii) When the property was sold: _______________ iv) Amount of cash you got: S$________________ Amount of cash spouse got: S$______________ (5) YOUR PARTICULARS (a) Nationality: Singaporean / PR  Photocopy of your IC (b) Birth date: _ _ / _ _ / _ _ _ _ (dd/mm/yyyy) (c) Race: Malay / Indian / Chinese / Eurasian / Others (please specify) _______________________ (d) Religion: Buddhist / Christian / Catholic / Islam / Hindu / Taoist / Others (please specify) ______________________ (e) Highest education attained: None / Primary / Secondary / N-levels / O-levels / Vocational (ITE) / A- levels / Diploma from Polytechnic / Diploma from Private Institution / Bachelor’s Degree / Others (please specify) _____________________________ (f) Current occupation: _______________________ (g) Current address: _________________________ (h) Current contact number: ___________________ (i) Bankruptcy status: Never made a bankrupt / Undischarged bankrupt / Discharged bankrupt Bankruptcy number: _________________________ (6) YOUR SPOUSE’S PARTICULARS  Photocopy of spouse’s IC (a) Nationality: Singaporean / PR / Others: _______ or passport 3 (b) Birth date: _ _ / _ _ / _ _ _ _ (dd/mm/yyyy) Checklist of documents Note: Photocopies of documents submitted are for the Bureau’s retention. (c) Race: Malay / Indian / Chinese / Eurasian / Others (please tick if submitting) (please specify): ______________________ (d) Religion: Buddhist / Christian / Catholic / Islam / Hindu / Taoist / Others (please specify): ______________________ (e) Highest education attained: None / Primary / Secondary / N-levels / O-levels / Vocational (ITE) / A- levels / Diploma from Polytechnic / Diploma from Private Institution / Bachelor’s Degree / Others (please specify) _____________________________ (f) Current occupation: _______________________ (g) Gross monthly income: ____________________ (h) Current / last known address: __________________________________________ (i) Current contact number: ___________________ (j) Bankruptcy status: Never made a bankrupt / Undischarged bankrupt / Discharged bankrupt Bankruptcy number: _________________________ (7) RELATED COURT PROCEEDINGS (circle where applicable): (a) Family Violence: Yes / No  Photocopies of PPO, EO, CGO, DEO If yes, circle whether there is/are: PPO / EO / CGO / DEO  Photocopies of (b) Maintenance: Yes / No Maintenance Order  Photocopies of Custody (c) Custody, Care and Control and/or Access to the Order children of the marriage: Yes / No  Photocopies of Previous Divorce Order (d) Juvenile or Youth Court proceedings in respect to  Photocopies other related children of the marriage: Yes / No Court Order(s) (e) Previous Divorce Proceedings: Yes / No (f) Other proceedings that may be relevant to this divorce application: ________________________________ 4 Checklist of documents Note: Photocopies of (8) HOW MANY CHILDREN ARE THERE IN THIS documents submitted are for the Bureau’s retention. MARRIAGE? _______ For children below 21 years of age, continue on to Annex-A1 on (please tick if submitting) page 8.  Photocopies of all the For children above 21 years of age, continue on to Annex-A2 on children’s birth certificates page 12. (9) MATRIMONIAL HOME (a) Type of Property: HDB flat / HDB rental flat / Others  Photocopy of your CPF Public Housing Withdrawal (please specify): _____________________________ Statement (b) Type of ownership:  Photocopy of the Joint tenancy with (name)_______________ / outstanding mortgage loan statement Sole tenancy by (name)_________________ / Tenancy in common (specify name and %) i) ______________________________ ii) ______________________________ iii) ______________________________ (c) For HDB flat, type of flat: 1 / 2 / 3 / 4 / 5 –room / Executive Apartment / Others ________________ (d) Proposed arrangements after the divorce:  Option 1: The flat will be surrendered to the HDB.  Option 2: The rental agreement with the HDB will be terminated.  Option 3: The flat will be sold in the open market and the net sales proceeds after deducting the outstanding mortgage loan, refunding parties’ CPF including accrued interests, and after deducting costs and expenses related to sale of the flat including agent’s fees, shall be divided __________% to me, __________% to my spouse.  Option 4: My share in the flat will be transferred to: my spouse / my spouse and a 3rd party / the 3rd party without / with CPF refunds and without / with cash of $________________  Option 5: My share in the flat will be transferred to: me / me and a 3rd party / the 3rd party without / with CPF refunds and 5 without / with cash of $________________  Option 6: Others (please specify) __________________________________ (For official use: HDB Referral Form applies: Yes / No (e) Where do you plan to stay after the divorce: If applicable, to attach completed referral form in case ______________________________________________ file.) (10) MATRIMONIAL ASSETS (such as CPF monies, shares, insurance, motor vehicle etc.) (a) Are there any other matrimonial assets to be divided in this divorce? Yes / No (b) If answer to (a) is “Yes”, list assets below: Assets Mine [Value ($)] Spouse’s [Value $)] i CPF moneys ii Shares iii Insurance policies iv Motor vehicle v Others (please specify type and value, if known) (11) MAINTENANCE (a) If you are the wife: i) For myself, I wish / do not wish to claim maintenance from my husband. ii) For the children, they will be with me after the divorce, and I wish / do not wish to claim the children’s maintenance from my husband. OR iii) For the children, they will be with my husband after the divorce, and I wish / do not wish to provide maintenance for the children. (b) If you are the husband: i) For my wife, I wish to / do not wish to provide maintenance for her. ii) For the children, they will be with me after the divorce, and I wish / do not wish to claim the children’s maintenance from my wife. OR iii) For the children, they will be with my wife after the divorce, and I wish / do not wish to provide maintenance for the children. (c) Monthly expenses: Please complete Annex-B on page 14. 6 (12) Statement of Truth – the Applicant must complete and sign this section I believe that the facts stated in this statement in support of my application for divorce are true Print full name: _____________________________________________________________ Signed:________________________ Dated: _ _ / _ _ / _ _ _ _ (dd/mm/yyyy) Legal actions may be brought against a person who makes or causes to be made, a false statement in a document verified by a statement of truth. 7 Annex-A1 For children below the age of 21 years old: (A) CHILDREN’S PARTICULARS (Child 1 being the eldest child) NATIONALITY Child 1 Singaporean / PR / Others: Child 2 Singaporean / PR / Others: Child 3 Singaporean / PR / Others: Child 4 Singaporean / PR / Others: RELIGION Child 1 No religion / Buddhist / Christian / Catholic / Islam / Hindu / Taoist / Others: Child 2 No religion / Buddhist / Christian / Catholic / Islam / Hindu / Taoist / Others: Child 3 No religion / Buddhist / Christian / Catholic / Islam / Hindu / Taoist / Others: Child 4 No religion / Buddhist / Christian / Catholic / Islam / Hindu / Taoist / Others: RACE Child 1 Malay / Indian / Chinese / Eurasian / Others (please specify): Child 2 Malay / Indian / Chinese / Eurasian / Others (please specify): Child 3 Malay / Indian / Chinese / Eurasian / Others (please specify): Child 4 Malay / Indian / Chinese / Eurasian / Others (please specify): Child 5 Malay / Indian / Chinese / Eurasian / Others (please specify): Child 6 Malay / Indian / Chinese / Eurasian / Others (please specify): DISABILITY Child 1 Yes / No If yes, please specify: Child 2 Yes / No If yes, please specify: Child 3 Yes / No If yes, please specify: Child 4 Yes / No If yes, please specify: 8 UNDER CARE (APPROVED SCHOOL OR HOME) Child 1 Yes / No If yes, please circle: Reformative Training Centre / Boys’ or Girls’ Home / Foster Care / Others (please specify): Child 2 Yes / No If yes, please circle: Reformative Training Centre / Boys’ or Girls’ Home / Foster Care / Others (please specify): Child 3 Yes / No If yes, please circle: Reformative Training Centre / Boys’ or Girls’ Home / Foster Care / Others (please specify): Child 4 Yes / No If yes, please circle: Reformative Training Centre / Boys’ or Girls’ Home / Foster Care / Others (please specify): CURRENT SCHOOL, LEVEL & SCHOOL HOURS Child 1 Child 2 Child 3 Child 4 WHERE IS THE CHILD CARED FOR BEFORE AND AFTER SCHOOL HOURS? Child 1 Child 2 Child 3 Child 4 WHO CARES FOR THE CHILD BEFORE AND AFTER SCHOOL HOURS? Child 1 Me / Spouse / Others (please specify): Child 2 Me / Spouse / Others (please specify): Child 3 Me / Spouse / Others (please specify): Child 4 Me / Spouse / Others (please specify): 9 WHO PAYS FOR THE CHILD’S EXPENSES? Child 1 Me / Spouse / Others (please specify): Child 2 Me / Spouse / Others (please specify): Child 3 Me / Spouse / Others (please specify): Child 4 Me / Spouse / Others (please specify): (B) YOUR PLANS FOR THE CHILDREN AFTER THE DIVORCE: WHO WILL THE CHILD LIVE WITH? Child 1 Me / Spouse / Others (please specify): Child 2 Me / Spouse / Others (please specify): Child 3 Me / Spouse / Others (please specify): Child 4 Me / Spouse / Others (please specify): WHERE WILL THE CHILD STAY? Child 1 Child 2 Child 3 Child 4 WHICH SCHOOL WILL THE CHILD STUDY AT? Child 1 Same as stated in (A) above / Others (please specify): Child 2 Same as stated in (A) above / Others (please specify): Child 3 Same as stated in (A) above / Others (please specify): Child 4 Same as stated in (A) above / Others (please specify): 10

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(c) Marriage Certificate No.: adultery e.g. Private investigator's report, birth cert of illegitimate child Hindu / Taoist / Others (please specify)
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