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Affidavit of Evidence in Chief

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118 views16 pages

Affidavit of Evidence in Chief

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 16

This sample is only an illustration and does not constitute legal advice.

Insert the next court event and the next court date
IN THE SYARIAH COURT OF THE REPUBLIC OF SINGAPORE
Originating Summons No.
Summons No. [if applicable]
Between
[Plaintiff’s Name]
(NRIC No. …...) … Plaintiff

And

[Defendant’s Name]
(NRIC No. …...) … Defendant

AFFIDAVIT OF EVIDENCE-IN-CHIEF

I, [state Name and NRIC] of [state address], affirm and say as follows:

1. I am the Plaintiff/Defendant* in this action.

2. Where the facts set out in this affidavit are within my personal knowledge, they are
true. Where they are not within my personal knowledge, they are true to the best of
my knowledge, information and belief.

A. Particulars of Marriage

3. The details of the marriage are as follows.

(a) Date of marriage:

(b) Place of marriage:

[For marriage solemnised/registered overseas, please provide details of


solemnisation proceedings and answer the following]
(c) Nature of the solemnisation ceremony:

(d) Person who conducted the solemnisation:

(e) Name of Wali:

(f) Wali’s relationship to the wife:

(g) Names and particulars of witnesses:

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(h) Relationship of witnesses to the spouses:

(i) Name of office/authority issuing the marriage certificate:

B. Ground/s of Divorce and Particulars

[State grounds of divorce and provide particulars]

I. Talak

4. [State whether talak pronounced, if yes answer the following]

(a) Date of Pronouncement:


(b) Mode of Pronouncement: (eg: verbal, by phone, sms, etc)
(c) Witnesses:
(d) The words used were:
(e) [If in writing/by email/by sms etc.] The documents evidencing the pronouncement
are attached as exhibits.

[If talak not pronounced, complete the following section]

II. Breach of taklik / fasakh [if other modes of divorce or dissolution of


marriage are relied on, please state]

5. [To set out the particulars and details of breach of taklik/fasakh/other modes of
divorce/dissolution of marriage]

III. Previous divorces

6. [To set out all previous divorces/revocation of divorce (rujuk)/remarriage details


between Plaintiff and Defendant]

C. Nafkah Iddah and Mutaah

I. Nafkah Iddah

7. Amount claimed/offered*:

8. Reasons for claiming/offering*:

II. Mutaah

9. Amount claimed/offered*:

10. Reasons for claiming/offering*:

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III. Emas Kahwin

11. Amount claimed/offered*:

12. Reasons for claiming/offering*:

IV. Hantaran Belanja

13. Amount claimed/offered*:

14. Reasons for claiming/offering*:

D. Custody, Care and Control of Minor Children and Access

I. Particulars of the child/children* of the parties

No. Name B.C./I.C. No. Age Gender

II. Current arrangements

15. The current arrangements for the child/children* of the parties are as follows:

[to state, in respect of each child]

(a) Residence [state where the child is currently living, with particulars of
accommodation, and what other persons live there, with their names and
relationship to the child stated]

(b) Care arrangements (this section need not be completed if the child is
already working at the present time)
(i) *If the child is presently not attending school on a daily basis, to
complete the following section:
(A) Are both parents working?
(B) Who looks after the child during the day and at night?
(i.e. father/mother/maid/elder siblings/relatives [to specify
nature of relationship to the child]/a combination of the
above/others [to specify]*)
(C) Where is the child cared for during the day and at night?
(i.e. at the matrimonial home/childcare centre/babysitter/
relative’s home [to specify nature of person’s relationship to the
child]/others [to specify]*)
(D) For how long has this arrangement been in place?
[State estimated period of time, i.e. from which date till the
present date]
(ii) *If child is presently attending school on a daily basis, to state:
(A) The child’s school hours.

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(B) Where and by whom is the child being cared for before and after
school hours?
(iii) *Where parties are no longer residing at the same address, to state:
(A) Who is the parent who does NOT live with the child (the non-
custodial parent)?
(B) When was the last time the non-custodial parent visited the child?
(C) How often does the non-custodial parent visit the child?
(D) Does the child sometimes stay overnight with the non-custodial
parent?

(c) Education/Employment* [state the school or other educational


establishment which the child has been and is currently attending
including madrasah and student care centre. State the co-curricular
activities, enrichment or tuition programmes and the time the child
attends these activities. If he is working, state his place of employment,
the nature and timing of his work and details of any training he is
receiving]

(d) Financial provision [state who has been and is presently supporting the
child or contributing to his support and the extent thereof]

(e) Access [state what are the current arrangements for access and the extent
to which access has been given]

(f) Other relevant information


[State any other information which is relevant to the matters concerning
the arrangements for the child, for example, whether the Plaintiff or
Defendant is suffering from any physical or mental disability, whether the
Plaintiff or Defendant has any previous convictions and if so, the nature
of the conviction, and whether the Plaintiff or Defendant has been
committed to a drug rehabilitation centre and if so, when and for how
long.]

III. Proposed Arrangements

16. The proposed arrangements for the child/children* of the parties are as follows:

[State, in respect of each child, for those matters which have not been agreed]

(a) Residence [state where the child is to live, with particulars of


accommodation, and what other persons live there, with their names and
relationship to the child stated]

(b) Care giver [state who is to look after the child during the day, at night,
during weekends and school holidays]

(c) Education, etc. [state the school or other educational establishment


which the child will attend, or if he is working, his place of employment,
the nature of his work and details of any training he will receive]

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IV. Orders Sought

17. I am seeking the following orders to be made by the court:

(a) Custody [specify whether joint/sole/split custody for each child]

(b) Care and Control [specify who has care and control for each child. If
orders for split care and control of the children of the parties are being
sought, (e.g. for care and control of one child to be granted to one parent,
and for care and control of the other child to be granted to the other
parent) to set out the reasons why such orders for split care and control
are in the best interests of the children of the parties]

(c) Access [state whether reasonable access or specified access; whether day
or night, how many days, from what time to what time]

E. Financial Issues

I. Assets and Means

18. I am/am not* an undischarged bankrupt.

[If you are an undischarged bankrupt, state the date of the bankruptcy order, and
the bankruptcy number. Provide particulars of any payment arrangement and list
of creditors in the bankruptcy.]

Work Particulars

19. My occupation is: [state for all current employment]

20. I am an employee*.

[State the following information in respect of each employer.]

(a) The name and address of my employer is:

(b) My designation is:

(c) My gross monthly income (including salary, allowances, commissions


and bonuses) is:

(d) My take-home monthly income (including salary, allowances,


commissions and bonuses) is:

(e) Nature of employment: full-time/part-time*

(f) I have worked for my employer for [state length of employment]

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21. I am self-employed*.

[State the following information in respect of each of your businesses or form of


self-employment.]

(a) The name and address of my business is:

(b) It is a sole proprietorship/partnership*.

(c) Nature of business/form of self-employment:

(d) My monthly income is:

(e) I have been self-employed/running my business for* [state length of time


in business or self-employment]

(f) The estimated value of my business is: [to state, or to provide profit and
loss accounts for the last three years]

22. Before my current employment / being self-employed*, I worked at*:

No. Name and Address of Previous Employers Date (period of


employment)

23. Before my current employment, I was unemployed*.

(a) Period of unemployment:

(b) Reason(s) for unemployment:

24. I am unemployed*.

(a) I have been unemployed since [state when unemployment commenced]

(b) I am unemployed because [state reason for unemployment, whether


monetary compensation was given, and if so, how much]

(c) Before becoming unemployed, I was an employee*.

(i) My last drawn gross monthly income (including salary,


allowances, commissions, benefits and bonuses) on [to state
date] was:

(ii) The name and address of my previous employer is:

(iii) Nature of employment: full-time/part-time*

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(d) Before becoming unemployed, I was self-employed*.

(i) The name and address of my business was:

(ii) It was a sole proprietorship/partnership*.

(iii) Nature of business/form of self-employment:

(iv) Status of business [e.g. whether business terminated at


Accounting and Corporate Regulatory Authority (ACRA), and if
so, to state date of termination]:

(v) My monthly income on [to state date] was:

25. Aside from my income from my employment/business*, I have the following/I


do not have any additional* sources of income1:

S/No. Source of Income Amount (S$)

Particulars of my immovable properties situated in Singapore or overseas.

26. I own the following/do not own any* immovable properties:

[State in relation to each property]

(a) Address of property owned:

(b) Whether title to the land is registered or unregistered, and if registered,


the Certificate of Title (CT/SSCT/SCT*) number

(c) Names of joint-owners (if any) and the manner in which the property is
held, i.e. whether as joint tenants or tenants in common:

(d) Names of mortgagee/chargee (if any), and amounts outstanding to each


mortgagee/chargee

(e) Value/Estimated value* of property as at [to state date]:

(f) Amount of monthly mortgage payment and how payment is made (i.e. CPF
or cash):

Particulars of motor vehicles in Singapore or overseas*

1 This would include rental income from any immovable property owned by you.

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27. I own a/do not own any* motor vehicle/more than one motor vehicle. The
particulars of the motor vehicle(s) are as follows:

[State in relation to each motor vehicle.]

(a) The registration number and make of the motor vehicle is:

(b) The motor vehicle(s) is/are* on hire purchase.

(c) The name of the hire purchase company is:

(d) The estimated value of the motor vehicle as at [to state date] is:

(e) The amount outstanding on the hire purchase agreement is:

28. The motor vehicle is no longer in my possession*. The reason is that:

Particulars of my insurance policies in Singapore or overseas*

29. I have the following/do not have any* insurance policies:

[State in relation to each insurance policy.]

(a) Name of insurer:


(b) Type of policy:
(c) Policy Number:
(d) Amount insured:
(e) The beneficiary or beneficiaries under the insurance policy is/are*:
(f) Surrender value (if any) as at [to state date]:

Particulars of my shares, unit trusts, etc. in Singapore or overseas*:

30. I own/do not own* shares, warrants, bonds, stock options, and/or* unit trusts.

(a) Shares (including shares purchased with Central Provident Fund monies),
warrants, bonds, stock options, etc.

The name(s) of the company/companies* in which I hold shares, warrants,


bonds or stock options, and the amount of shares, warrants, bonds or stock
options which I hold are as follows:

S/No. Company No. of Shares, warrants, Estimated value as


Name bonds, stock options, etc. at: [to state date]

(b) Unit Trusts

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The name of the unit trusts, the financial institution managing them and
the number of units I hold are as follows:

S/No. Unit Trust Financial No. of Units Estimated value as


Institution at: [to state date]

Particulars of my bank accounts in Singapore or overseas*

31. I have the following/do not have any* bank accounts (held solely and/or jointly)
and/or* safe deposit boxes:

S/No. Bank Name Account Balance as at [to Joint Account


and Account Type state date] Holder’s Name
Number (if any)

Particulars of my Central Provident Fund (“CPF”) monies

32. I have the following/do not have any* amounts in my CPF account as at [to state
date]:

(a) Ordinary account:


(b) Special account:
(c) Medisave account:
(d) Retirement account:

33. The details of the amount utilised from my CPF account towards the purchase of
immovable property are as follows:

(a) Address of immovable property:

(b) Amount withdrawn as at [to state date]:

(i) Principal:
(ii) Interest:

Other Assets

34. I own the following/do not own any* other assets:

[(a) If you own any other assets, savings or investments not listed thus far (e.g.
retirement/superannuation/gratuity benefits/CPF Life payments that you

i.e. Savings, Current, Fixed Deposit, Overdraft, Safe Deposit Box, etc.

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did or are likely to receive, antiques, collectibles, jewellery, paintings),


please state the same and the estimated value.

(b) If you are a member (whether in Singapore or overseas) of any golf, social
or recreational clubs of value, please state the same and the estimated
value.]

My Monthly Expenses

35. I have the following personal expenses each month (for example):

(a) Food:
(b) Transport:
(c) Utilities (water, gas and electricity):
(d) Telephone/Internet/mobile phone/cable tv charges:
(e) Medical expenses:
(f) Rent:
(g) Town council/conservancy/condo maintenance fees:
(h) Taxes (please specify):
(i) Others (please specify):

36. My monthly expenses for the children who are dependent on me are as follows:

[State in relation to each child.]

(a) Name of Child:


(b) Age of Child:
(c) Food:
(d) School Fees:
(e) Transport:
(f) Others (please specify):

37. I have the following persons who are financially dependent on me (excluding my
children):

[State in relation to each dependent.]

(a) Name of dependent:


(b) Age:
(c) Relationship:
(d) Amount set aside each month for dependent:
(e) Reason for dependency:
(f) Names of other persons supporting my dependents:

Particulars of my liabilities, debts, creditors, (i.e. people whom I owe money


to) (e.g credit cards, bank loan, instalment payments)

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38. My creditors3 are as follows/I do not have any creditors*:

Name of creditor Type of liabilities Amount owed (in Date


Singapore dollars)

Total:

39. Legal proceedings have been commenced against me by the following creditors:

[State in relation to each creditor.]

(a) Name of creditor:


(b) Suit No.:
(c) Status of action:

II. Contributions to the Matrimonial Assets

Direct financial contributions

40. I have made the following/I have not made any* direct financial contributions
towards the acquisition or improvement of the matrimonial asset(s):

[State in relation to each matrimonial asset(s) e.g payment (cash or CPF


deductions) towards the purchase price of the matrimonial asset(s), payment for
renovation.]

Indirect financial contributions

41. I have made the following/I have not made any* indirect financial contributions
towards the family during the course of the marriage:

[State the nature of the indirect financial contributions made e.g payment of bills,
payment towards family expenses.]

[Please enclose as exhibits – receipts, documents evidencing contributions.]

Non-Financial Contributions

42. I have made the following/I have not made any* non-financial contributions
towards the family during the course of the marriage:

[State the nature of the non-financial contributions made e.g looking after the
home or caring for the family.]

3 Your creditors include government bodies such as the Inland Revenue Authority of Singapore (IRAS),
the Central Provident Fund Board (CPF), the Housing Development Board (HDB), etc.

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12

III. Proposal Regarding the Division of Matrimonial Assets

Division of Housing Development Board Flat (if applicable) (only to be filled


in if you have not filed a Proposed Matrimonial Property Plan, or if you
would like to change your proposal from what you have originally set out in
your Proposed Property Plan.)

43. My proposal for the division of the matrimonial HDB flat is as follows:

[Please select one of the following options]


 Option 1: The flat will be surrendered to the HDB.
 Option 2: The Agreement for Lease with the HDB will be terminated.
 Option 3: The flat will be sold in the open market.
 Option 4: The other party’s share in the flat will be sold/transferred* to:
 Myself
 Myself and [state name and relationship with yourself]:
 A third party [state name and relationship with yourself/the other party]:
 Option 5: My share in the flat will be sold/transferred* to:
 The other party
 The other party and [state name and relationship with the other party]:
 A third party [state name and relationship with the other party/yourself]:
 Option 6: Others (please state brief details)

Particulars of my proposal are attached to this Affidavit of Evidence in Chief.


[To fill in Option 1, 2, 3, 4, 5 and/or 6 as set out in Form 14 (Particulars of
Arrangements for Housing), and to remove the relevant pages and attach the
same to this Affidavit of Evidence in Chief.]

Division of the matrimonial assets (e.g private properties, motor vehicles, CPF
monies, etc)

44. My proposal on the division of the matrimonial assets is as follows/There are no


matrimonial assets:

[State proposal on the division of the matrimonial assets, giving reasons, if any.]

IV. Any Other Issues/Information

45. [State any further issues and information.]

E. Supporting Documents

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13

46. I am exhibiting the following documents in support of my affidavit4:

[Select the relevant items and state the relevant page number for each item.]
 Documents evidencing the pronouncement of talak
 Pay-slips for [state time frame]
 Contract of employment/Letter from employer confirming salary
 Notices of Assessment from the Inland Revenue Authority of Singapore
(IRAS) dated [to state date]
 ACRA search dated [to state date] (in respect of the business(es) I own)
 Profit and loss accounts for the last three years in respect of the business(es)
I own
 Valuation report(s) for immovable property/properties (in respect of
properties listed in paragraph 20 above)
 Tenancy agreement(s)
 Hire purchase agreement(s) (in respect of the vehicles listed in paragraph 21
above)
 Insurance policies/letters from insurance companies showing the surrender
values of the insurance policies (in respect of insurance policies listed in
paragraph 23 above)
 Central Depository (Pte) Ltd (CDP) statement(s) dated [to state date]
 Central Provident Fund (CPF) Investment account statement(s) dated [to
state date]
 Bank statement(s) for [state time frame]
 CPF statement(s) dated [to state date(s)] on contribution to purchase of
immovable property
 CPF statement(s) dated [to state date(s)] on balances in Ordinary, Special,
Medisave and Retirement Accounts
 Renovation receipt(s)
 Receipt(s) evidencing payment for furnishings
 Receipts supporting expenses, e.g. utilities bills, telephone bills, conservancy
charges, school fees, etc.
 Orders of Court, whether from Syariah Court or other courts, between the
parties or in relation to the children, where relevant eg. Personal Protection
Order, Maintenance Order, custody order, etc.
 Others (please specify)

VI. Affidavit

4 Please note that the list of documents in this section is intended as a guide only. It is not intended to set
a minimum standard, nor to be an exhaustive list, in relation to each party’s duty to disclose all relevant
information and documents in this matter. The extent of disclosure which must be made in each case will
depend on the facts of that case.

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14

Affirmed at Singapore on [to state )


date] by [to state name and NRIC )
Number] through the interpretation )
of*: [to state name] in [to state )
language]. )

Before me,

________________________________
A COMMISSIONER FOR OATHS

*Delete where inapplicable

Note: This sample is a guide for the sole purpose of assisting you to prepare your
affidavit and it does not constitute legal advice. For detailed instruction on
how to prepare affidavits, please refer to ‘Instructions for filing court
documents’.

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15

THIS IS THE EXHIBIT COLLECTIVELY MARKED AS


“________”
REFERRED TO IN THE AFFIDAVIT OF

(INSERT YOUR FULL NAME)

AFFIRMED THIS ____ DAY OF ____ 20__

BEFORE ME

A COMMISSIONER FOR OATHS

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16

IN THE SYARIAH COURT OF THE


REPUBLIC OF SINGAPORE

Originating Summons No.


Summons No. [if applicable]

Between

[Plaintiff’s Name]
(NRIC NO. …. )
…Plaintiff

And

[Defendant’s Name]
(NRIC NO. …. )
…Defendant

________________________________________

AFFIDAVIT OF EVIDENCE IN CHIEF


________________________________________

Name:
Address:
Contact No.:

Filed this day of 20

SYC Aff_AEIC 002 05012024

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