Divorce proceedings can be emotionally taxing for any individual, particularly where the divorce proceedings are complicated and legally complex. In Singapore, once divorce papers have been filed, the process typically begins, but circumstances can change, leading one or both parties to reconsider. If you find yourself in a situation where you wish to withdraw divorce papers, it is essential to understand the process and implications involved. In this article, we discuss how to withdraw a divorce application and the implications, if any.
Understanding the Withdrawal and Discontinuance Process
- Initial Considerations: It is not uncommon to question whether deciding to terminate a marriage, especially where it is a long one or where there are children involved. Before deciding to proceed to withdraw a divorce application, it is important to assess the reasons and emotions thoroughly. In some instances, couples decide not to follow through with the divorce proceedings because the circumstances between both parties might have improved and parties might want another opportunity to reconcile, or new factors could have emerged that change the situation.
- Legal Representation: In any legal matter, it is important to seek legal advice and guidance from a professional. Consult with a divorce lawyer to understand the process, the documents necessary to proceed with withdrawing or discontinuing divorce proceedings as well as the implications or consequences of withdrawing or discontinuing divorce proceedings.
Steps to Withdraw Divorce Papers
File a Notice of Discontinuance: A Notice of Discontinuance is a formal legal document to withdraw divorce papers in Singapore. The notice should be filed with the Family Justice Courts (FJC) via iFAMS where the divorce proceedings were initiated.
According to Rule 61(2) of the Family Justice Rules 2014 (“Family Justice Rules”), a party who commenced an action (including divorce proceedings) may discontinue the action by filing a Notice of Discontinuance in Form 27, without leave of the Court, as long as the writ or originating summons has not been served on the defendant as at the date of when the Notice of Discontinuance is filed.
It is important to note that under Rule 61(4) of the Family Justice Rules, if the writ of divorce has been served on the defendant or if one of the parties does not consent to the withdrawal or discontinuance of the divorce proceedings, the party who intends to discontinue the divorce proceedings can only do so with leave of the Court.
Consent of Both Parties: To withdraw or discontinue divorce proceedings, typically requires the consent of both spouses. Rule 61(3) of the Family Justice Rules 2014 (“Family Justice Rules”) provides that where all parties to an action consent to the withdrawal or discontinuance, the action may be discontinued without leave of the Court at any time before trial by filing a Notice of Discontinuance (Form 27) signed by all parties.
However, if only one party wishes to withdraw and the other wishes to proceed with the divorce proceedings, it would be prudent to seek legal advice to understand the options available.
Further, Rule 61(9) of the Family Justice Rules provides that an action begun by writ, i.e., divorce proceedings, is deemed to have been discontinued if –
- An affidavit of service and acknowledgement of service is not filed in respect of the service of the writ on the defendant before the expiry of 6 months after the validity of the writ for the purpose of service has expired; and
- Within such time, the defendant has not filed a memorandum of appearance.
According to Rule 43(1) of the Family Justice Rules, for the purposes of service, a writ is valid within the first 12 months from the date the writ was issued.
Simply put, the parties do not need to consent to the withdrawal or discontinuance of the divorce proceedings if:
- The plaintiff did not file the affidavit of service and acknowledgement of service within 6 months after the period of 12 months that the writ is valid for the purposes of serving it on the defendant; and
- The defendant has not filed the memorandum of service.
Court Confirmation: Even though both parties consent to withdrawing or discontinuing the divorce proceedings, the Family Justice Courts have the discretion to approve or deny the application to discontinue the divorce proceedings. According to paragraph 26L(3) of the Family Justice Courts Practice Directions, the parties will be notified of the outcome or directions by the Court as the case may be.
Considerations and Implications
- Costs and Fees: There may be costs and/or disbursements associated with filing the Notice of Discontinuance and other administrative fees. Also, if you engaged a divorce lawyer for legal advice and representation, there may be additional legal fees involved.
- Impact on Future Proceedings: If the divorce proceeding is successfully withdrawn but, subsequently, one or both parties consider getting a divorce again (for example, due to a change in circumstances or that reconciliation failed), the process will need to be restarted from the beginning, including the new filing of divorce papers.
According to Rule 61(6) of the Family Justice Rules, the fact that a party has discontinued an action cannot be used as a defence to a subsequent action or substantially the same cause of action.
- Mediation and Counselling: Regardless of whether parties intend to withdraw divorce proceedings, mediation and counselling services can be valuable, especially where reconciliation is a priority to parties. These services can help facilitate communication and address underlying issues that may be unknown to the parties, and this may help resolve any conflict or tension.
- Legal Advice: Throughout the process of divorce or withdrawing the divorce, seeking legal advice from a legal professional such as a divorce lawyer ensures that your rights and interests are protected. Divorce lawyers can provide personalized guidance based on your specific circumstances and needs.
Conclusion
Withdrawing divorce papers in Singapore involves a formal legal process that requires careful consideration and adherence to procedural requirements. It is essential to approach the situation with clarity and understanding of the implications involved. By seeking legal advice and guidance from experienced divorce lawyers, individuals can navigate the process effectively and, if reconciliation is the aim, explore avenues for restoring relationships through services such as mediation and/or counselling. Remember, every situation is unique, and professional advice and guidance by divorce lawyers can provide the clarity and support needed during this challenging time.
