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Old 28-07-2005, 12:03 PM
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Re: All you need to know about "Marriage/Divorce" under the SG Law

As a Muslim, should I file applications for division of matrimonial assets at the Family Court or the Syariah Court?

The answer depends on whether there are divorce proceedings involving your spouse and you at the Syariah Court:

(a) If no divorce proceedings have been commenced in the Syariah Court, you may make an application for division of matrimonial assets at the Family Court by filing an Originating Summons under section 59 of the Women's Charter.
(b) If divorce proceedings have been commenced in the Syariah Court or if the Syariah Court has already granted a divorce, you should make the application for division of assets during the divorce proceedings. If you would like to file applications at the Family Court instead, you would first have to obtain
(i) a "Commencement Certificate" from the Syariah Court to allow civil proceedings to be started at the Family Court; or
(ii) your spouse's consent to begin custody proceedings at the Family Court and a "Counselling Attendance Certificate" from the Syariah Court .
The Family Court has no power to hear the case if either of these conditions is not met.
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