We hope that we have helped you to fill in the Case Statement. Memorandum of Defence. If you need legal advice, please see a lawyer.
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We hope that we have helped you to fill in the Case Statement. Memorandum of Defence. If you need legal advice, please see a lawyer.
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This tool gives you information to help you fill in the Case Statement or Memorandum of Defence. If you need legal advice, please see a lawyer.
This tool is not affiliated with the Syariah Court.
*This tool does not presently support saving work. Please record all information necessary for your case before closing it to prevent data loss.
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help with to proceed.
A husband can divorce his wife by pronouncing talak orally or in writing.
An example of a clear pronouncement of talak is "I divorce you by one talak." However, it is up to the court to decide whether the talak is valid or not.
Answer the questions below and we will provide you with the information which you can choose to use to fill the form.
Have you pronounced talak on your wife to divorce her?
TALAK
You have pronounced talak. Please provide the details.
You have not pronounced talak. It is best to pronounce talak in court.
Select "No" as the answer to the following question.
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Select "Yes" as the answer to the following question.
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Click on the "Add Talak Details" button and fill in the details.
Click on the green down arrow to move to the next section.
Which parts do you need help with? Choose all that apply.
Click on the green down arrow to move to the next section.
A husband can divorce his wife by pronouncing talak orally or in writing.
If your husband is willing to pronounce talak, you may proceed on this ground for divorce. Otherwise, you will have to rely on other grounds of divorce such as cerai taklik or fasakh.
Answer the questions below and we will provide you with the information which you can choose to use to fill the form.
Has your husband pronounced talak on you?
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
TALAK
Your husband has pronounced talak. Please provide the details.
Your husband has not pronounced talak.
Select "No" as the answer to the following question.
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Select "Yes" as the answer to the following question.
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Click on the "Add Talak Details" button and fill in the details.
Click on the green down arrow to move to the next section.
As the wife, you can divorce your husband on the ground that he has breached the written taklik in your marriage contract.
Answer the questions below and we will provide you with the information which you can choose to use to fill the form.
Were you and your husband married under the Registry of Muslim Marriages in Singapore?
Did your husband agree to the taklik (conditions) mentioned at the back of the ROMM marriage certificate?
Which conditions has your husband broken? Choose all that apply.
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
CERAI TAKLIK
You have 1 ground of divorce under Cerai Taklik to enter into the Case Statement.
Check the Cerai Taklik box
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Under "Details for the ground chosen", enter the details. You can copy and paste the text below and change it to match your situation.
Details for the ground chosen Behasa Melayu
Click on the green down arrow to move to the next section.
Fasakh is dissolution of the marriage by judicial decree. You might not be entitled to nafkah iddah (maintenance during the iddah period) when your divorce is by fasakh as the divorce is irrevocable.
Answer the question below and we will provide you with the information to fill into the Case Statement.
Which of the following apply to you? Choose all that apply.
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
FASAKH
You have 1 ground of divorce under Fasakh to enter into the Case Statement.
Check the Dissolution of Marriage by Fasakh box
Under "Details for the ground chosen", enter the details. You can copy and paste the text below and change it to match your situation.
Details for the ground chosen Behasa Melayu
Click on the green down arrow to move to the next section.
Khuluk refers to divorce by redemption. This divorce is effected by the husband pronouncing talak upon receiving a sum of money as compensation from the wife.
Answer the questions below and we will provide you with the information which you can choose to use to fill the form.
Does your husband consent to divorce by way of khuluk?
How much do you intend to offer as compensation?
Click on the green down arrow to move to the next section.
KHULUK
You can state your wish to divorce by way of khuluk in the Case Statement. The court may appoint hakams to help parties reach a resolution on the divorce or direct the divorce be resolved through mediation.
Check the Divorce by Redemption (Khuluk) box
Under "Details for the ground chosen", enter the details. You can copy and paste the text below and change it to match your situation.
Details for the ground chosen Behasa Melayu
Click on the green down arrow to move to the next section.
Your spouse has filed for divorce. The grounds of divorce can be found in his/her Case Statement.
Answer the questions below and we will provide you with the information which you can choose to use to fill the form.
Did your husband indicate in his Case Statement that he pronounced talak on you?
Which conditions has your husband broken?
Select one.
Which applies to you?
Choose all that apply.
Which applies to you?
Choose all that apply.
Which applies to you?
Select one.
If you would like to seek marriage counselling, you may get more information here.
There may still be opportunities for reconciliation after divorce proceedings have commenced, for instance, during the marriage counselling programme (MCP) or mediation sessions.
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
You agree your husband pronounced talak on you and with the details of the pronouncement (dates, mode and witnesses).
You agree your husband pronounced talak on you but disagree with the details of the pronouncement.
You disagree your husband pronounced talak on you.
You disagree that the talak pronounced was valid.
You agree your husband did not pronounced talak on you.
You disagree your husband did not pronounced talak on you.
Select "Confirm" to the following question.
Select "Do not confirm" to the following question.
Explain why you do not confirm paragraph 4(a). You can copy and paste the text below and change it to match your situation.
Select "Agree" to the following question.
Select "Disagree" to the following question.
Select "N/A" to the following question.
Click on the green down arrow to move to the next section.
Your spouse has filed for divorce. The grounds of divorce can be found in his/her Case Statement.
Answer the questions below and we will provide you with the information which you can choose to use to fill the form..
Do you agree with the reasons given by your wife for divorce?
Select one.
What do you disagree with?
Select at least one.
Which are the acts complained of by her that you did not do?
Choose all that apply.
If you would like to seek marriage counselling, you may get more information here.
There may still be opportunities for reconciliation after divorce proceedings have commenced, for instance, during the marriage counselling programme (MCP) or mediation sessions.
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
You agree with the reasons given by your wife for divorce.
You disagree or did not intend to pronounce talak on your wife.
You did not do the acts complained of by her.
Select "Confirm" to the following question.
Select "Do not confirm" to the following question.
Explain why you do not confirm paragraph 4(a). You can copy and paste the text below and change it to match your situation.
Details for the ground chosen Behasa Melayu
I did not intend to pronounce talak on the Plaintiff. I said [type the words you said here]
Select "Agree" to the following question.
Select "Disagree" to the following question.
Explain why you disagree with paragraph 4(b). You can copy and paste the text below and change it to match your situation.
Click on the green down arrow to move to the next section.
Which parts do you need help with?
Choose all that apply.
I need help filling in or answering
Click on the green down arrow to move to the next section.
Which parts do you need help with?
Choose all that apply.
Click on the green down arrow to move to the next section.
Nafkah Iddah is the financial support that the husband is obligated to provide during the period of iddah.
Iddah is the period within which a divorce woman or widow is forbidden by Muslim law to remarry if the marriage has been consummated.
For salary, you may take the estimate of your husband's annual salary as per his IRAS statement and divide it by 12 months. Learn more
Answer the question below and we will show you the amount of nafkah iddah awarded in past cases.
For salary, you may take the estimate of your husband's annual salary as per his IRAS statement and divide it by 12 months.
How much do you, the husband, earn every month?
We cannot help you estimate the amount that might be awarded in your case unless you answer this question.
Means test under Husband's salary is greater than $4,000. In this case, it is best that you seek legal advice.
Click on the green down arrow to move to the next section.
You may propose a sum of [salary] as Nafkah Iddah per month. The court may order a sum in the range of between [amtAwarded] and [amtAwarded] after considering all evidence submitted by both parties. If you wish to, you may seek legal advice on your case at Legal Aid Bureau lab.mlaw.gov.sg/about-us/contact-us.
Check the box to select b).
This amount is not applicable to you in terms of making a claim. However, you may take guidance from this amount in deciding a reasonable amount to offer your wife.
The amount is for your maintenance, necessary clothing and lodging during your period of iddah. Do take into account your own financial status and your husband's income and means.
You can use the amount awarded in past cases shown above as your reference.
Iddah means the period within which a divorced woman or widow is forbidden by the Muslim law to remarry, if the marriage has been consummated. The duration is:
(a) After three intervals of menstrual cycle;
(b) After delivery of a child, if at the time of divorce, the woman is pregnant with the husband's child; or
(c) Three months for a woman who does not have menstruation.
Click on the green down arrow to move to the next section.
Mutaah is a consolatory gift paid by the husband to the wife upon divorce for the wife's contribution to the marriage.
Answer the questions below and we will show you the amount of mutaah awarded in past cases based on the length of marriage and the husband's salary.
For salary, you may take the estimate of your husband's annual salary as per his IRAS statement and divide it by 12 months.
How much do you, the husband, earn every month?
We cannot help you estimate the amount that might be awarded in your case unless you answer this question.
The amount awarded is also based on length of marriage. Roughly, how many years have you been married?
We cannot help you estimate the amount that might be awarded in your case unless you answer this question.
Click on the green down arrow to move to the next section.
Based on the information you have provided, you may propose a sum of [salary] per day as mutaah. The court may order a sum in the range of between [amtAwarded] and [amtAwarded] per day. These estimates are based only on the husband's salary. In considering the appropriate amount of mutaah to award, the court will consider all evidence submitted by both parties on various factors such as parties' assets and financial situations and parties' conduct during marriage, and may also apply the principle of ihsan (compassion). If you wish to, you may seek legal advice on your case at Legal Aid Bureau lab.mlaw.gov.sg/about-us/contact-us.
The several factors that the court considers when awarding mutaah are the husband's other assets (CPF monies, property, savings), husband's financial obligations, husband's ability to pay and wife's contribution to the marriage. These factors are not an exhaustive list of factors the court will consider.
Check the box to select c).
Select "Amount per day"
This amount is not applicable to you in terms of making a claim. However, you may take guidance from this amount in deciding a reasonable amount to offer your wife.
Fill in the duration of your marriage.
Click on the green down arrow to move to the next section.
Emas kahwin is the obligatory marriage-payment under Muslim law by a husband to the wife at the time the marriage is solemnised.
How much emas kahwin do you want to claim?
If this amount is still not paid, you may wish to make the payment in full as your wife could claim this amount from you.
Do you have proof that emas kahwin was not provided or fully paid?
Where there is already a marriage, it is presumed that the marriage expenses, if any, have already been paid. If the wife claims that they have not been paid, then she must show proof of this. Learn more.
Click on the green down arrow to move to the next section.
You would like your spouse to pay the outstanding emas kahwin of [amtClaim]. You have proof that this amount is outstanding.
The burden of proof rests with the wife to show that the emas kahwin has not been provided or fully paid. Learn more.
Where there is already a marriage, the presumption is that the emas kahwin has been provided.
The burden of proof, therefore, rests with the wife to show that the emas kahwin has not been provided or fully paid.
Cases involving emas kahwin are rare, as it would usually be provided or paid for at the time of marriage.
Check the box to select d).
Enter the amount you want to claim into field 8(d).
Click on the green down arrow to move to the next section.
Hantaran belanja is the customary payment that the parties agree the groom must make to the bride at the time the marriage is solemnised.
How much hantaran belanja (marriage expenses) do you want to claim?
If this amount is still not paid, you may wish to make the payment in full as your wife could claim this amount from you.
Do you have proof that your husband failed to pay part or all of the agreed marriage expenses?
Where there is already a marriage, it is presumed that the marriage expenses, if any, have already been paid. If the wife claims that they have not been paid, then she must show proof of this. Learn more.
Upon divorce, the wife is entitled to claim any hantaran belanja (marriage expenses) which remains unpaid.
A husband who has failed to pay part or all of the agreed marriage expenses has a contractual obligation to settle his debt, even at the time of the divorce.
Where there is already a marriage, the presumption is that the marriage expenses, if any, are paid. The burden of proof therefore rests with the wife to show that these expenses have not been paid or fully paid.
Cases involving unpaid hantaran are also rare, as payment would usually be made at the time of marriage. Where the wife has made a claim for this which is contested by the husband, the courts often do not make any order due to a lack of credible evidence, especially if the marriage had taken place many years before the divorce proceedings.
Click on the green down arrow to move to the next section.
You would like your spouse to pay the outstanding hantaran belanja of [amtClaim]. You have proof that this amount is outstanding.
The burden of proof rests with the wife to show that the marriage expenses have not been provided or fully paid. Learn more.
Check the box to select e).
Enter the amount you want to claim into field 8(e).
Click on the green down arrow to move to the next section.
Which parts do you need help with?
Choose all that apply.
Click on the green down arrow to move to the next section.
Custody is about making major decisions for the child, namely, education, health and the child's religion. Joint custody is the most common order. Learn more
Answer the questions below and we will provide you with the information which you can choose to use to fill the form.
How many children do you have from the marriage?
How many of the children are above 21 years old?
Custody does not apply to children above 21 years old. If you need to manage their affairs, e.g. because they suffer from mental incapacity, please submit an application under the Mental Capacity Act.
Do any of the following exceptional circumstances apply to you? Choose all that apply.
Which best describes your preference? Select one.
Custody is about making major decisions for the child, namely, education, health and the child's religion.
The child lives with the parent who has care and control. The other parent is given access to the child.
Joint custody is the most common order, i.e. both parents will be involved in making the major decisions for the child together, regarding education, health and religion.
Joint parenting is generally encouraged as this benefits the child.
When parents have joint custody, both parents must provide written consent/signatures for:
Sole custody is ordered only in exceptional circumstances. Examples of exceptional circumstances:
If you wish to ask for sole custody, you need to have good reasons for doing so. If you have concerns about the other party's cooperation in respect of school registration, you can ask that the Court allow you to be the deciding parent for education matters, even if the child is under joint custody.
Even when one parent has sole custody, the other parent may still have access to the child and be responsible to maintain the child financially.
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
You have [numChild] children. None of your children are above 21 years old.
You have [numChild] children. [numOlder] of your children are above 21 years old.
Custody does not apply to your children who are above 21 years old.
One parent is mentally incapacitated.
One parent is missing or uncontactable.
One parent has been severely violent towards the child(ren).
There are no exceptional circumstances.
You are comfortable with joint custody of your children 21 years old and below.
You want sole custody of your children 21 years old and below.
You want your spouse to have sole custody of your children 21 years old and below.
Check the box to select f)
Under Joint Custody, check the box next to your children's names.
Under Sole Custody to the Plaintiff, check the box next to your children's names.
Under Sole Custody to the Defendant, check the box next to your children's names.
Click on the green down arrow to move to the next section.
The child lives with the parent who has care and control. The other parent is given access to the child, meaning that the parent can spend time with the child.
The Court generally prefers to keep siblings together with either parent. The Court cannot order the child to be in a third party's care and control. Learn more
Answer the questions below and we will provide you with the information to fill in the Case Statement.
How many children do you want to live with you?
(You can choose All, None or indicate a number.)
The Court generally prefers to keep siblings together with either parent.
Based on your answer, you want none of the children to live with your spouse.
Based on your answer, you want all of the children to live with your spouse.
How many children do you want to live with your spouse?
(You can choose all or none or indicate a number)
The court cannot order the children to be in the care and control of a third party. Learn more
Are any of your children below 7 years old?
The child lives with the parent who has care and control. The other parent is given access to the child, meaning that the parent can spend time with the child.
However, in exceptional situations where both parents can communicate effectively and it is in the child's best interests, the court may award shared care and control.
You may consider shared care and control, if you can communicate effectively with the other party on the child's issues.
This option allows both parents to have equal time with the child and decide on the child's day-to-day matters
The Court generally prefers to keep siblings together with either parent, rather than splitting them up between the parents.
There have to be good reasons why you want to split the children up. Examples of good reasons that have been accepted by the Court previously:
The court cannot order the child to be in the care and control of a third party.
If there is a child protection order in force in your case, the court may not make any custody orders while that child protection order is in force. You may seek legal advice on the options available to you.
Click on the green down arrow to move to the next section.
You want none of the children to live with your spouse. The other parent, your spouse, will have access to the children.
You want all of the children to live with your spouse. The other parent, you, will have access to the children.
You want split care and control of the children. The Court generally prefers to keep siblings together with either parent.
For children 7 years and above The children's wishes on who they wish to live with are usually taken into account. The Court usually interviews the children during the proceedings.
For children below 7 years old The mother usually gets care and control.
For each child you want to have living with you, select "Care and Control to Plaintiff".
For each child you want living with your spouse, select "Care and Control to Defendant".
Under "Reasons for split care and control", write your reasons.
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
Access means the time which the parent who does not have care and control of the children spends with them.
Answer the questions below and we will provide you with the information to fill in the Case Statement.
Would you like to have access to your children?
Are you on talking terms with your spouse such that you can arrange access directly with him/her?
Would you like your children to stay overnight with you at times?
When would you like to have access to your children?
Click on the green down arrow to move to the next section.
You do not want access to your children.
You want access to to your children and are able to directly arrange for access with your spouse.
You want access to your children with overnight stay and are able to directly arrange for access with your spouse.
You want access to your children and are unable to directly arrange for access with your spouse.
Select "Reasonable access". The court may still order overnight access if the Court thinks that it is in the child's best interests.
Under "Types of Access", select "Reasonable access with overnight stay".
Under "Types of Access", select "Specified access".
Under "Access Terms", indicate that you do not wish to have access to your children. You can copy and paste the text below.
If you have any terms you wish to add, type them under "Access Terms".
Under "Access Terms", specify the details. You can copy and paste the text below.
Access Terms Bahasa Melayu
I do not want access to my children.
I want access to my children:
Regular Access [day], [startTime-endTime] [day], [startTime-endTime] [day], [startTime-endTime] [day], [startTime-endTime] [day], [startTime-endTime] [day], [startTime-endTime] [day], [startTime-endTime]
School Holidays
[holsTerms]
Hari Raya Puasa
[puasaTerms]
Hari Raya Haji
[hajiTerms]
Public Holidays
Alternate public holidays
from [startTime] to [endTime]
In the form, you can indicate what you would like to do with the matrimonial property or family home under g) Division of the Matrimonial Property.
Answer the questions below and we will provide you with the information to fill in the Case Statement.
Is the property a HDB flat?
As this tool is intended to cater to applicants with HDB flats, you may wish to seek legal advice from a legal clinic or a private lawyer if your matrimonial property is not an HDB flat.
Are you waiting to collect your keys from HDB?
What would you like do with the HDB flat?
Is the 5-year MOP period completed?
In this case, do not submit the Case Statement yet.
You can consider commencing divorce proceedings after the MOP is completed.
Generally, you can sell the HDB flat only after the MOP has been completed.
If you proceed with the divorce before the MOP has been completed, you will have to surrender the HDB flat. surrender to HDB. In this case, you may wish to check with HDB on your options.
If you file for divorce only after the MOP has been completed, the HDB flat can be sold.
Please note that the Syariah Court will consider the direct (whether cash or CPF) and indirect contributions of both parties towards the marriage (i.e. who paid the household bills, who did the household chores and cared for the children, if any) when deciding on how the sales proceeds will be divided.
Do you, or you and a third party, satisfy HDB's eligibility conditions to keep the flat and is the Minimum Occupation Period (MOP) completed?
Are you named as one of the legal owners of the flat?
Which best applies to you?
Select one.
Do any of the following apply to you? Check all that apply.
As you are not the legal owner and the Flat is unlikely to be a matrimonial asset, you will not be able to sell the Flat in the open market and get a share of the proceeds.
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
Click on the green down arrow to move to the next section.
You would like to sell/surrender your HDB flat. You have not yet collected your keys.
You can terminate the Lease Agreement with HDB.
You would like to sell/surrender your HDB flat. You would like to file for divorce now and do not want to wait for the Minimum Occupancy Period (MOP) to be completed.
In this case, the HDB must be surrendered to HDB at prevailing HDB prices.
You would like to sell/surrender your HDB flat. You are one of the named legal owners and the Minimum Occupancy Period (MOP) has been completed.
The HDB flat can be sold in the open market.
You would like to sell/surrender your HDB flat. The Minimum Occupancy Period (MOP) has been completed.
The Flat is likely to be a matrimonial asset. Matrimonial assets go into a pool to be divided in a divorce.
The HDB flat can be sold in the open market.
You want to take over/retain your HDB Flat. You and any third parties involved are eligible to keep the flat. The Minimum Occupancy Period (MOP) has also been completed.
You are a legal owner; your spouse is not. However, your spouse might still have a claim as the Flat is likely to be a matrimonial asset. Matrimonial assets go into a pool to be divided in a divorce.
You can ask to takeover/retain the Flat but the Court may still require you to compensate your spouse for her contributions to the marriage.
You want to take over/retain your HDB flat. You and any third parties involved are eligible to keep the flat. The Minimum Occupancy Period (MOP) has also been completed.
You are a legal owner; your spouse is not. The Flat is unlikely to be a matrimonial asset i.e. your spouse is unlikely able to claim a share of the Flat.
You can take over / retain the Flat.
You want to take over/retain your HDB flat. You and any third parties involved are eligible to keep the flat. The Minimum Occupancy Period (MOP) has also been completed.
The Flat is under both you and your spouse's name.
You can takeover by getting your spouse to transfer his share.
You want to take over/retain your HDB flat. You and any third parties involved are eligible to keep the flat. The Minimum Occupancy Period (MOP) has also been completed.
Your spouse is a legal owner; you are not. The Flat is likely to be a matrimonial asset. Matrimonial assets go into a pool to be divided in a divorce.
You can take over by getting your spouse to transfer his share.
You want to takeover your HDB flat. You and any third parties involved are eligible to keep the flat. The Minimum Occupancy Period (MOP) has also been completed.
Your spouse is a legal owner; you are not. The Flat is unlikely to be a matrimonial asset, i.e. you are unlikely able to claim a share of the Flat.
You can still take over if your spouse is willing to transfer his share. If so, follow the instructions below.
Alternatively, you may want to seek legal advice before filling in the property claim section.
Apply to the Legal Aid Bureau for legal advice.
View a list of external legal clinics.
You are a legal owner of the Flat and want to transfer your share to a party that is eligible to keep the flat. The Minimum Occupancy Period (MOP) has also been completed.
You can transfer your share.
You want to transfer your share to a party that is eligible to keep the flat. The Minimum Occupancy Period (MOP) has also been completed.
Although you are not a legal owner, the Flat is likely to be a matrimonial asset. Matrimonial assets go into a pool to be divided in a divorce.
You can make a claim and transfer your share.
Select "HDB flat (the Flat)".
Select "That the Agreement for Lease with HDB be terminated."
If you do not want to terminate the Lease, please contact HDB for your options.
Select "That the Flat be surrendered to the HDB."
If you prefer to takeover the flat or transfer/sell your share to someone eligible, change your answers and resubmit.
Select "That the Flat be sold in the open market".
The proceeds will be distributed to all those who have a legal claim to the property. Learn more.
Parties' respective shares to the sales proceeds will largely depend on the following factors:
a) the length of the marriage;
b) parties' direct (whether cash or CPF) contributions to the flat; and
c) parties' indirect contributions to the family [i.e. who paid the household bills, who did the household chores and cared for the children (if any)].
To prepare for your case, you should:
1. Print out your CPF Property Contributions on the CPF website;
2. Estimate your cash contributions to the flat (i.e. apart from CPF); and
3. Estimate your indirect contributions to the family in percentage.
If there are third parties involved, you may wish to seek legal advice.
Select "That the Defendant's share in the Flat be sold/transferred to me/me and a third party/a third party."
A transfer can be done with:
You may consider a part-share resale if you do not have enough cash required by the other party or not enough monies in your CPF for the CPF refund.
A part-share resale means changing the flat owner by buying part of the flat at a mutually agreed price.
This is different from a transfer. Visit the HDB website for more information.
If the flat is transferred to one party with no CPF refunds, the party receiving the flat must refund his/ her and the ex-spouse's portion of the CPF monies withdrawn including interest, upon sale. For more details please visit the CPF website.
If there are third parties involved, they need to consent and satisfy all HDB criteria. You may wish to seek legal advice.
Select "Others" and type "Not applicable" into the box.
Not applicable
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Select "That my share in the Flat be sold/transferred to the Defendant/ the Defendant and third party/a third party."
Select "Others" and type "I want to make a claim on the flat" into the box. You can copy and paste the text below.
I want to make a claim on the flat.
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Click on the green down arrow to move to the next section.
In the form, you can also list other matrimonial assets you'd like to claim and how much of each under h) Division of other Matrimonial Property / Assets (including CPF).
Matrimonial assets are things owned by you or your spouse individually or jointly.
Examples of other matrimonial assets include:
Answer the questions below and we will provide you with the information to fill in the Case Statement.
Would you like to claim a share of other matrimonial assets?
Select one.
Which of the following assets would you like to claim?
Select all that apply.
What percentage would you like to claim?
(Drag the circle along the line to indicate your claim)
Did you substantially improve the gift of inheritance during the marriage?
What percentage would you like to claim?
(Drag the circle along the line to indicate your claim)
In this case, it is best that you seek legal advice.
If you are a Singapore citizen/PR, you may seek legal advice from LAB. You need to pass the means test in order to get legal advice from the Legal Aid Bureau. LAB's opening hours and address may be found here.
You are encouraged to first register on the LAB Applicant Portal before your visit. Please click here to register before visiting LAB.
If you are not a Singapore citizen or PR, you may consider visiting legal clinics or seeking legal advice elsewhere. A list of legal clinics may be found here.
You can claim assets bought or obtained during the marriage. What assets would you like to claim?
You can also claim assets that were obtained before the marriage that you substantially improved or were substantially used by the family e.g. family car. What assets would you like to claim?
What percentage would you like to claim?
(Drag the circle along the line to indicate your claim)
Click on the green down arrow to move to the next section.
You do not want to claim a share of other matrimonial assets.
You would like to claim a share of your spouse's CPF monies accumulated during the marriage.
You would like to claim a share of your spouse's gift or inheritance which you substantially improved during the marriage.
You would like to claim a share of asset(s) purchased or obtained during the marriage.
You would like to claim a share of asset(s) that were purchased or obtained before the marriage that was substantially used by the family or that you substantially improved during the marriage.
Check the box
Check the box
Under "Claims", indicate that you do not wish to claim. You can copy and paste the text below.
Not applicable
Under "Claims", enter the details. You can copy the text below and change it to match your situation.
I would like to claim [cpf%] of the CPF monies my spouse accumulated during our marriage.
I would like to claim [gift%] of the an asset which my spouse inherited. I improved the asset by [howDetails] and have the documents to support my claim.
Click on the green down arrow to move to the next section.
Click on the green down arrow to move to the next section.