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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)