Singapore legislation
Regulation 18
Regulation 18
Withdrawal, compromise and settlement
Subregulation 1
An originating summons or a summons in respect of any proceedings for divorce may be withdrawn by the plaintiff or applicant without the permission of the Court, if —
the husband has not pronounced talak; and
either of the following applies:
at any time before the originating summons or summons is served on the defendant or respondent, the plaintiff or applicant files a Notice of Withdrawal in Form 34;
at any time before judgment, a Notice of Withdrawal in Form 34 that is signed by, and endorsed with the consent of, all the parties is filed.
Subregulation 2
An originating summons or a summons in respect of any other proceedings may be withdrawn by the plaintiff or applicant without the permission of the Court, at any time before the originating summons or summons is served on the defendant or respondent, by filing a Notice of Withdrawal in Form 34.
Subregulation 3
Except as provided in paragraphs (1) and (2), a party may not withdraw an originating summons or a summons without the permission of the Court.
Subregulation 4
The Court hearing an application for permission under paragraph (3) may order the originating summons or summons mentioned in that paragraph to be withdrawn on such terms as to costs, the bringing of a subsequent action or otherwise as the Court thinks fit.
Subregulation 5
Where a party, who has withdrawn an originating summons or a summons and is ordered under paragraph (4) to pay any other party’s costs of the action, brings another action for the same (or substantially the same) matter, the Court may order that the second action be stayed until those costs are paid.
Subregulation 6
An originating summons in respect of any proceedings for divorce or nullity of marriage is deemed to be withdrawn against a defendant if —
either of the following is not filed, in respect of the service on that defendant of the originating summons and case statement, before the expiry of 6 months after the validity of the originating summons for the purpose of service has expired:
an affidavit of service in Form 35;
an acknowledgment of service in Form 36; and
the defendant does not file a memorandum of defence under rule 12 within the period mentioned in sub-paragraph (a).
Subregulation 7
The parties to any proceedings in the Court may, at any stage of the proceedings, reach a compromise or settlement, and the Court may, if requested by the parties, record the terms of the compromise or settlement.
Subregulation 8
A person, who has been appointed under rule 11 to represent any minor or person lacking capacity in any proceedings, must not withdraw the originating summons or summons by which the proceedings are commenced, or reach a compromise or settlement in the proceedings, without the permission of the Court.