Divorce Proceedings

Chiang Joon Heng, Steven

Help Centre

Family & Juvenile Court

31 May 2010

A 2-stage process

Stage 1 : Divorce Case Process (leading to Interim Judgment)

Stage 2 : Ancillary Matters (leading to Final Judgment)

Stage 1 : Divorce Case Process

Hearing(Contested or Uncontested)

Writ, Statement of Claim, Statement of Particulars, Parenting Plan, Property Plan

Appearance Non-appearance

Defence / Counterclaim /

Reply

Set Down

Affidavits of Evidence in Chief (AEICs)

} StatusConferences

} Pre-trialConferences

INTERIM JUDGMENT

End of Stage 1, on to Stage 2

Interim Judgment

Filing of Affidavits

Ancillary Matters Hearing (and Order of Court)

Certificate of Making Interim Judgment Final

(Final Judgment)

Interim JudgmentWith

All Ancillary Matters concluded/recorded } Ancillary

Pre-trialConferences

Hearing of Writ for Divorce

• For Uncontested divorce hearings– Summary hearing provided for in PD;– PD requirement for the filing of an Affidavit

of Evidence in Chief (AEIC) for the purpose of the open court hearing;

• For Contested divorce hearings– Same procedure as for writs – Rule 42 MPR: O38 ROC to apply (open

court, AEICs instead of oral EIC)

Hearing of Ancillary Matters

• Uncontested ancillary matters – Draft consent orders;

– Consent order hearings on Wednesday mornings

Hearing of Ancillary Matters

• Contested ancillary matters – Evidence – O38 ROC to apply – Standard form Affidavit of Means (in

PD);– Discovery, interrogatories, inspection—

standard forms for request and response; standard form applications (all in PD);

– CPF order for disclosure of other party’s CPF information if that party is in-person and absent from proceedings

Hearing of Ancillary Matters

– Safeguards for the examination of children —leave required for interview by mental health professional (r 41 MPR)

– Declaration of Value of Matrimonial Assets arising from Transfer Order (in PD)

Interim Judgment, Final Judgment

• Standard forms

(Forms 23, 24 and 26)

• Final Judgment – Only issued if all children’s issues have been

dealt with, unless court otherwise orders– Application for Final Judgment may be filed

within 3 months after the last hearing of ancillary matters, or 1 year from the Interim Judgment, whichever is later (Rule 59 MPR)

Originating Summonses (OS) and Summonses (SUMs)

Step 1: Plaintiff files and serves SUMs / OS supported by affidavit;

Step 2: Reply affidavits;

PTC > ADR

Step 3: Hearing.

• OS vs SUMs – What’s the difference ?• Procedure :

Mediation

Most ideal process for resolution of family disputes

• Prevent futile litigation (eg contested divorces with cross claims)

• Minimise costs & inconvenience• Minimise escalation of acrimony in adversarial

proceedings• Maximise adherence to orders (for example

maintenance, access)

Mediation Process : Salient Points

• Opening remarks (mediation is a voluntary process);

• Sorting out issues (defining the problem)• Sorting out the ‘facts’ (information

gathering);• Exploring and developing options

(expanding the pie)

• Reaching consensus:– Summarising and re-defining the issue – Focusing on children’s and parties’ best

interests and future – Looking for win-win outcomes– Reality checks (especially regarding costs) – Managing emotions

• Sealing the agreement: drafting the court order

• Recording the court order

Mediation Process (cont’d)