Divorce is an often difficult decision made after days or even months of careful consideration. Although Muslims view marriage as a sacred union between individuals, the Syariah Court aims to positively aid individuals in moving forward with their lives. The Syariah divorce process is hence a simple and streamlined process aimed towards efficiency and fairness in executing court orders. The general steps in applying for a Syariah divorce has been set out below:
The Registration must be done via a form to be submitted to the Syariah Court. We strongly encourage that you engage a lawyer to represent you should you be unfamiliar with divorce proceedings. Engaging a lawyer ensures fairness and also allows you to receive advice that would be beneficial for you throughout the difficult time. Here at A.W. Law LLC, we are committed to giving you top-tier service at reasonable prices.
Counselling is a mandatory act that both divorcing parties must attend. Most counselling sessions are done at outside agencies such as PPIS and Darul Arqam. Parties will be required to set appointments on their own. If the issues between your partner and you are complex you may have to attend several counselling sessions instead of just one.
Once the counselling sessions are completed, the divorce originating summons from the party intending to proceed with divorce is filed at the Syariah Court. This summons must be filed within 6 months from the date of the final counselling session. The forms needed are also found in the Syariah Court’s website.
Along with the Originating Summons, the Case Statement is also filed in the Syariah Courts. You will need to bring your marriage certificate, birth certificate of your children, CPF documents, housing documents and Standard Query and Housing Guidance from HDB.
The other party will reply to the Case Statement with the Memorandum of Defence. Both documents will list down the demands of the individuals parties with matters pertaining to the children, the matrimonial home and all other matrimonial property, as well as the rightful maintenance of the wife.
Upon receiving your instructions we will prepare the above mentioned documents for you.
Parties will attend mediation at a the Syariah Court together with their lawyers. At the mediation session, the parties will have the opportunity to settle their issues and claims. If there is a general consensus and issues and claims have been resolved, the parties will attend before the President of the Syariah Court for a consent order to be recorded, subject to the Syariah Court’s approval of the said consent order. If this is successful, then the divorce proceedings end here.
However, if both parties are unable to reach an agreement, the proceedings will carry on into the Pre-Trial Conference
Prior to attending the Pre-Trial Conference, parties will each file their Affidavit of Evidence in Chief, detailing their grounds of divorce and any other matters they wish to bring to the Court’s attention.
At the Pre-Trial Conference, the Registrar of the Syariah Court will give directions to the lawyers representing the parties. Should you be unrepresented, you will attend these
Pre-Trial Conferences on your own. Expect to attend several Pre-Trial Conferences instead of just one.
At the Hearing, two situations may occur. The husband will be asked to pronounce talak before the court, or the court will rule on the validity of a previously-pronounced talak.
In a situation where the wife is seeking for divorce based on the grounds of taklik, fasakh or khuluk, the Court will deliberate on whether such a claim has been successfully brought forth. The Court will also hear all other issues and then deliver their judgement.
Divorce proceedings usually end here. However, couples who are still not satisfied with the judgement may appeal to the Appeals Board within 30 days of receiving the official Order.
Should no conclusion be made after the Hearing, the Court may appoint 2 Hakams to decide on the issue of divorce. Hakams are also empowered to divorce the parties by talak wajib should any reconciliation be rendered ineffective. The Courts will then proceed with the divorce proceedings and deliver their judgement.
Divorce proceedings usually end here. Again, couples who are still not satisfied with the judgement may appeal to the Appeals Board within 30 days of receiving the official Order.
Further Hearings take into effect if the first Hearing, or the Hakam Sessions were unsuccessful.