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 Writ, Statement of Claim, Statement of Particulars, Parenting Plan, Property Plan Appearance Defence / Counterclaim / Reply

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Status Conferences Set Down Affidavits of Evidence in Chief (AEICs)

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Pre-trial Conferences Hearing (Contested or Uncontested) INTERIM JUDGMENT Non-appearance

End of Stage 1, on to Stage 2 Interim Judgment With All Ancillary Matters concluded/recorded Interim Judgment Filing of Affidavits

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Ancillary Pre-trial Conferences Ancillary Matters Hearing (and Order of Court) Certificate of Making Interim Judgment Final ( Final Judgment )

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)

• OS vs SUMs – What’s the difference ?

• Procedure :

Step 1:

Plaintiff files and serves SUMs / OS supported by affidavit;

Step 2:

Reply affidavits;

PTC > ADR Step 3:

Hearing.

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)

Mediation Process (cont’d)

• 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