ACP Singapore - Divorce proceedings Cheat Sheet by elementalhalo

1. Plaintiff files requisite court documents
2. Plaintiff serves court documents on parties
3. Defendant files court documents
4. Defendant serves court documents on parties
5. Set down for hearing on dissol­ution of marriage
6. Court decides on dissol­ution of marriage – Interim Judgment granted, made final in 3 months (Final Judgment)

-Writ of Divorce
- Rule 54(4) Appearance - 8 / 21 days
- Rule 56 (1) Defence - 14 days
- Rule 56 (9) Proposed parenting plan - 14 days
- Rule 56 (10) Proposed Matrim­onial property plan - 14 days
-Statement of Claim
-Statement of Partic­ulars
-Notice of Procee­dings (Co-de­fen­dant)
-Agree­d/P­roposed Parenting Plan
-Agree­d/P­roposed matrim­onial property plan & Partic­ulars of Arrang­ements for Housing (HDB)

- Service of writ to defendant/ co-def­­endant - Personally or registered post with everything else

- Defendant has to file Memorandum of appearance (decided on whether to contest divorce)
- 22 days after receipt to complete agreement to Proposed Parenting plan and return it to Plaintiff OR file to court and serve on Plaintiff Proposed parenting plan (by defendant)
- 14 days after CPF replies standard query, sign agreement to proposed Matrim­¬onial property and return to plaintiff or file to court and serve on plaintiff defend­¬ant's proposed matrim­onial property plan

- Plaintiff must set action down for hearing: 2 types, contested and uncont­¬ested
- 14 days after expiry of time for filing last pleading
- If uncont­¬ested:
- In open court, attendance can be dispensed
- if court is satisfied, interim judgment to be made Final in 3 months
- If parties agree on ancillary matters, consent order can be recorded at interim judgment
- If contested:
- fixed pre-trial conference
- Parties will be sent for mediation or counse­¬lling if settlement is possible
- Hearing in open court
- If marriage broken down irretr­¬ie­v¬ably, interim judgment.

S112(10) of Women's Charter
(a) any asset acquired before the marriage by one party or both parties to the marriage —
(i) ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transp­ort­ation or for household, education, recrea­tional, social or aesthetic purposes; or
(ii) which has been substa­ntially improved during the marriage by the other party or by both parties to the marriage; and
(b) any other asset of any nature acquired during the marriage by one party or both parties to the marriage, but does not include any asset (not being a matrim­onial home) that has been acquired by one party at any time by gift or inheri­tance and that has not been substa­ntially improved during the marriage by the other party or by both parties to the marriage.

Sections 122 - 126 of Women’s Charter
Paramount consid­eration to be the welfare of the child
Section 125 Women’s Charter
(1) The court may at any time by order place a child in the custody of his or her father or his or her mother or of any other relative of the child or of any organi­sation or associ­ation the objects of which include child welfare, or of any other suitable person.
(2)  In deciding in whose custody a child should be placed, the paramount consid­eration shall be the welfare of the child and subject to this, the court shall have regard —
(a) to the wishes of the parents of the child; and
(b) to the wishes of the child, where he or she is of an age to express an indepe­ndent opinion.

Section 127 of Women’s Charter
127. —(1)  ­During the pendency of any matrim­onial procee­dings or when granting or at any time subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, the court may order a parent to pay mainte­nance for the benefit of his child in such manner as the court thinks fit.

1. Filing and exchange of affidavits on ancillary matters
2. Court hears parties on ancillary matters and makes orders
3. Making Interim Judgment Final

Pre Trial Conference to set dates for exchange of affidavits on ancillary matters and date of hearing

Rule 89 FJR and Para 21 FJCPD
Parties file and exchange Affidavit of Assets and Means
Form 206
ALL assets should be disclosed

Exchange of reply affidavits (total up to 2 rounds w/o leave of Court)

S 3 FJA : Family Justice Courts comprises Family Division of High Court

S 26(4) FJA : the Chief Justice may by order published in the Gazette direct that any class or descri­ption of family procee­dings … shall be heard and determined by the Family Division of the High Court.

Family Justice Court seminar on 22 October 2015 :
Gross value S$5M
Novel point of law
Applic­ation by way of Summons for Transfer

Rule 81(2) : Ancillary matters heard in Chambers

Powers of Court:
Section 112 Women’s Charter – Power of Court to Order Division of Matrim­onial Assets
Section 113 Women’s Charter– Power of Court to Order Mainte­nance for Wife
Sections 123 & 124 Women’s Charter– Power of Court to Order Arrang­ements for Welfare of the Child
Section 127 Women’s Charter– Power of Court to Order Mainte­nance for Children