PART 2: PROCEEDINGS UNDER PART 10 OF THE WOMEN’S CHARTER 1961

9. Definitions of this Part

10. Arrangements for the welfare of children

11. Seeking the Court’s approval under section 94A(4) of the Act

12. Cross-application

13. Named person

14. Consent to divorce on the ground of 3-year separation

15. Simplified hearing track for divorce / judicial separation proceedings

16. Case conferences

17. Uncontested matrimonial proceedings

18. Documents for use in trials of contested matrimonial proceedings under Part 10 of the Act

19. Claims for ancillary relief

20. Binding summaries

21. Agreement on claim(s) for ancillary relief

22. Evidence in proceedings for avoidance of disposition

9. Definitions of this Part

Where the words and phrases defined in Part 2, Rule 1 of the Family Justice (General) Rules 2024 are used in this Part, they shall have the same meaning as defined in Part 2, Rule 1 of the Family Justice (General) Rules 2024, unless otherwise specified.

10. Arrangements for the welfare of children

To enable the Court to discharge its duty under section 123 of the Act, solicitors shall, at the hearing of the proceedings, inform the Court:

(a) whether there are relevant children to whom the section applies;

(b) whether arrangements have or have not been made for the welfare of the children and that if arrangements have been made, whether they are satisfactory or are the best that can be devised in the circumstances;

(c) whether or not it is impracticable for the party or parties appearing before the Court to make such agreements; and

(d) whether or not the circumstances make it desirable for the interim judgment to be made final or as the case may be, for the judgment of judicial separation to be granted without delay.

11. Seeking the Court’s approval under section 94A(4) of the Act

Originating applications filed with a prayer for Court’s approval under section 94A(4) of the Act

(1) Pursuant to Part 2, Rule 2(3)(c) of the Family Justice (General) Rules 2024, a party may concurrently seek the Court’s approval to proceed without satisfying the parenting programme requirements (“s 94A(4) WC approval”) within the originating application for divorce.

(2) In the case of sub-paragraph (1), the Court will first hear and decide on the issue of s 94A(4) WC approval. The applicant shall not serve the originating application on the respondent until the Court has granted the approval.

(3) Where the Court refuses to grant the approval, the prayer for approval will be dismissed and the rest of the originating application will be struck off.

Affidavit requirements for approval under section 94A(4)

(4) The affidavit in support of an application under section 94A(4) of the Act must:

(a) state the particulars of the parties to the proceedings if the application for approval is filed as a separate originating application;

(b) state the applicant’s reasons for not completing a parenting programme; and

(c) exhibit a copy of each document relied on in support of the application.

12. Cross-application

(1) Except as stated in paragraph 15, a party who has been served with an originating application and wishes to seek relief in relation to the same marriage, whether divorce, judicial separation or nullity, shall file a cross-application (and not an originating application).

(2) A cross-application can seek different reliefs from the reliefs sought in the originating application (e.g. a cross-application for judicial separation in response to an originating application for divorce).

(3) Failure to file the subsequent application as a cross-application may result in both applications being heard without reference to the other.

13. Named person

A named person in Part 2, Rule 3(4) of the Family Justice (General) Rules 2024 indicates his or her intention to be heard in the proceedings by filing a notice to contest to disagree with the matrimonial application.

14. Consent to divorce on the ground of 3-year separation

To consent to divorce on the ground of 3-year separation, a party should either:

(a) consent to the simplified divorce / judicial separation if the agreement is reached before the matrimonial application is filed; or

(b) sign his or her consent by using Form 108A of Appendix A of these Practice Directions if the agreement is reached after the matrimonial application is filed.

15. Simplified hearing track for divorce / judicial separation proceedings

(1) The simplified hearing track provided for in Part 2, Rule 8 of the Family Justice (General) Rules 2024 is available where the parties have reached an agreement on:

(a) the divorce / judicial separation only;

(b) the divorce / judicial separation and at least one of the claims for ancillary relief before the filing of the matrimonial application; or

(c) the divorce / judicial separation and all the claims for ancillary relief before the filing of the matrimonial application.

(2) The agreement may be reached through (a) private negotiations, whether with or without the assistance of solicitors, or (b) a Collaborative Family Practice (“CFP”) process, whether conducted by the Singapore Mediation Centre or through private mediators.

(3) For the purpose of sub-paragraph (2), the CFP process is a process in which a trained counsel, i.e. the collaborative counsel, represents a party only in negotiations aimed exclusively at settlement. The CFP process aims to achieve a consensual solution for family law related disputes without resort to litigation. Where the negotiations fail, the collaborative counsel will then withdraw from acting for the party concerned in order that that party may engage a new solicitor to pursue the case through litigation.

Matters to note for the simplified hearing track

(4) When filing the proceedings, the applicant must select the relevant simplified applications:

(a) Originating Application for Simplified Divorce; or

(b) Originating Application for Simplified Judicial Separation.

(5) A hearing date will be scheduled when the originating application is issued.

(6) If there are missing documents or information, the Court may reschedule the hearing date or convene a case conference as appropriate.

(7) In appropriate cases, the Court may also remove the case from the simplified hearing track. An example is where a party withdraws his or her consent. If a case is removed from the simplified hearing track, the Court may give directions for the parties to comply with all or part of the process in the regular hearing track (whether uncontested or contested).

Matters to note if the agreement is to proceed on both originating application and cross-application in the simplified hearing track

(8) If the agreement is to proceed on both the originating application (“1st OA”) and the cross-application (“Cross OA”), the applicant of the 1st OA should inform the respondent once the 1st OA is filed in order that the respondent may proceed to file the Cross OA within 3 working days.

(9) In the simplified track, a party cannot file a Cross OA which seeks different reliefs from the 1st OA. For example: A party cannot file a cross application for judicial separation in response to an originating application for divorce. Instead, that party must file an originating application for judicial separation as the 1st OA is for divorce.

(10) In the case of sub-paragraph (9), in the event that a second originating application is filed seeking different reliefs (“2nd OA”), the party filing the 2nd OA should immediately inform the Family Court via email that there are 2 originating applications in relation to the same marriage, stating both case numbers and the scheduled hearing date(s).

(11) Failure to comply with sub-paragraph (10) may result in the Court hearing and determining the 1st OA without reference to the 2nd OA.

(12) Where the 1st OA in the simplified hearing track includes a prayer for approval under section 94A(4) of the Act, the applicant of the 1st OA shall inform the other party when the Court grants the approval.

16. Case conferences

Case conferences prior to the grant of interim judgment / judgment of judicial separation

(1) To facilitate a more effective and expedient processing of cases and to reduce the number of court attendances, a Registrar’s Notice (“the First Case Conference Notice to Applicant”) will be sent to the applicant within 6 weeks directing the applicant either:

(a) to file the Request for Trial or Hearing Date in Form 6 of Appendix A of these Practice Directions by a stipulated date; or

(b) to inform the Court of the status of the matter if the Request for Trial or Hearing Date cannot be filed for whatever reasons, for which purpose:

(i) the requisite information shall be given in Form 19 of Appendix A of these Practice Directions and shall be sent to the Court within 7 days of the First Case Conference Notice to Applicant; and

(ii) upon receipt of Form 19, the Court will consider the reasons stated in the form and may make the appropriate directions for the matter.

(2) If the applicant fails to file the Request for Trial or Hearing Date and fails to reply to the First Case Conference Notice to Applicant in accordance with sub-paragraph (1), a Second Case Conference Notice to Applicant shall be sent directing the applicant to file the Request for Trial or Hearing Date by a stipulated date, failing which the applicant is to attend a case conference to explain his or her inaction.

(3) Where the Request for Trial or Hearing Date is filed and accepted before a case conference, the case conference will be vacated.

(4) Where interim judgment or judgment of judicial separation has not been granted, in addition to the matters set out in Part 8, Rule 5 of the Family Justice (General) Rules 2024 and paragraph 80(1) of these Practice Directions, the matters to be considered at the case conference may include the following:

(a) service of the originating application and the affidavit of service;

(b) filing of all necessary documents;

(c) the likelihood of settlement;

(d) ages of the child(ren) of the marriage;

(e) directions for parties to exchange a list of relevant information on the ancillary matters;

(f) directions for parties to attend mandatory counselling and mediation at the Family Justice Courts; and

(g) the time frame for filing the Request for Trial or Hearing Date.

Case conferences for ancillary relief

(5) Before seeking a date for the hearing of the claim(s) for ancillary relief, the parties or their solicitors attending the case conference shall ensure that all affidavits, reports, summary of positions (if directed to be filed before scheduling of the hearing date) and any other necessary documents have been filed and all interlocutory applications and appeals therefrom have been dealt with.

17. Uncontested matrimonial proceedings

(1) In uncontested matrimonial proceedings under sections 95, 101, 105 and 106 of the Act, the party filing the Request for Trial or Hearing Date on an uncontested basis shall, at the same time, file the following:

(a) where the applicant is proceeding on the originating application, the Affidavit for Uncontested Dissolution Hearing in Form 7 of Appendix A of these Practice Directions to attest to the veracity of the contents found in the originating application;

(b) where the respondent is proceeding on the cross-application, the Affidavit for Uncontested Dissolution Hearing in Form 7 of Appendix A of these Practice Directions to attest to the veracity of the contents of the cross-application;

(c) where there is a private investigator’s (“PI”) report to be adduced as evidence, the affidavit of evidence-in-chief of the PI exhibiting the PI report; and

(d) where parties have reached an agreement on any claim for ancillary relief, the Draft Ancillary Reliefs Order in Form 8 of Appendix A of these Practice Directions.

(2) The party filing the Request for Trial or Hearing Date shall serve the same on the other party / parties.

(3) If the parties reach an agreement on any claim for ancillary relief after the filing of the Request for Trial or Hearing Date or after the filing of a matrimonial application on the simplified hearing track and wish to seek an order in terms of the agreement at the uncontested dissolution hearing, the Draft Ancillary Reliefs Order shall be filed at least 7 working days before the hearing.

Uncontested matrimonial proceedings in chambers

(4) Where the documents are in order, the Court may proceed to grant the relevant orders in chambers without requiring the attendance of the parties / solicitors.

(5) Notwithstanding sub-paragraph (4), the Court has the discretion to fix the matter for a hearing in Court and require the attendance of parties / solicitors.

Uncontested matrimonial proceedings in Court

(6) For the hearings in Court of uncontested matrimonial proceedings pursuant to sub-paragraph (5), there is no need for the applicant to be made to confirm every paragraph of the originating application. The solicitor will only need to put to the applicant in the witness box the questions which will prove the following matters:

(a) the marriage;

(b) the particulars of the children (if any);

(c) the ground on which the application is founded; and

(d) the reliefs claimed.

(7) For this purpose and to facilitate the proceedings, solicitors should supply a copy of the originating application to each of their respective clients.

(8) Notwithstanding the adoption of this simplified procedure, solicitors will still be expected to bring to the attention of the Court any specific matters in connection with or arising from the proceedings of which the Court should be aware. In particular, if section 123 of the Act is applicable, the directions set out in paragraph 10 of these Practice Directions shall be complied with.

18. Documents for use in trials of contested matrimonial proceedings under Part 10 of the Act

(1) This paragraph shall apply to trials of contested matrimonial proceedings.

(2) To improve the conduct of contested matrimonial proceedings and to reduce the time taken in the presentation of cases, the following documents shall be prepared by the solicitors of the respective parties:

(a) a bundle of documents (an agreed bundle where possible);

(b) a bundle of authorities; and

(c) an opening statement.

(3) Documents for use in trial must be filed in Court using the Electronic Filing Service. Hard copies of the same should only be tendered to the Registry if required. The hard copy must tally in all respects with the soft copy, and the page numbers of the hard copy must correspond to the page numbers in the soft copy.

(4) At the trial, an adjournment may be ordered if:

(a) the above documents or any of them were not filed and served within the prescribed time or at all; or

(b) one party seeks to tender any of the above documents or supplements to such documents (except for supplements to the opening statement) at the trial.

(5) If an adjournment is ordered for any of the reasons set out in sub-paragraph (4), the party in default may be ordered to bear the costs of the adjournment.

Bundle of documents

(6) Documents to be used at trial should be consolidated into bundles. Only documents which are relevant or necessary for the trial may be included in the bundles. In cases where the Court is of the opinion that costs have been wasted by the inclusion of unnecessary documents, the Court will have no hesitation in making a special order for costs against the relevant party. No bundle of documents is necessary in cases where parties are not relying on any document at the trial.

(7) An index of contents of each bundle in the manner and form set out in Form 21 of Appendix A of these Practice Directions must also be prepared.

(8) It is the responsibility of the solicitors for all parties to agree and prepare a bundle of agreed documents. The scope to which the agreement extends must be stated in the index sheet of the bundle of agreed documents.

(9) In cases where certain documents cannot be agreed upon, these should be separately bundled as the applicant’s bundle, the respondent’s bundle or such other party’s bundle as the case may be.

(10) Where the bundle of documents consists of more than 1 volume:

(a) the index of contents of all volumes of the bundle of documents must be placed at the beginning of Volume A; and

(b) each volume must have an index of contents indicating the documents that are contained in that volume.

(11) The bundles of documents should be paginated consecutively throughout at the top right hand corner. Each separate volume must start at page 1, and every page in that volume must be numbered consecutively.

(12) The following directions apply to hard copies tendered to the Registry or the Court:

(a) The bundles of documents should be printed on both sides of each page where possible.

(b) The documents in the bundles should:

(i) be firmly secured together with plastic ring binding or plastic spine thermal binding. The rings or spines should be red for applicants and blue for respondents with a transparent plastic cover in front and at the back;

(ii) have flags to mark out documents to which repeated references will be made in the course of the hearing. Such flags must bear the appropriate indicium by which the document is indicated in the index of contents. Flags must be spaced out evenly along the right side of the bundle so that as far as possible they do not overlap one another; and

(iii) be legible. Clear and legible photocopies of original documents may be exhibited instead of the originals. The originals must be made available for inspection by the other parties or the Judge upon request.

(c) Where originals and copies of documents are included in one bundle, it should be stated in the index which documents are originals and which are copies.

(13) A core bundle of documents for trial should (unless clearly unnecessary) also be provided. This core bundle should comprise only the most important documents that are relevant to the hearing in question, or which will be repeatedly referred to in the course of the hearing.

(14) The documents in the core bundle of documents should not only be paginated but should also be cross-referenced to copies of the documents included in the main bundles. The core bundle of documents must be filed in Court using the Electronic Filing Service and also tendered to the Court in a loose-leaf file which can easily have further documents added to it if required. Where the core bundle of documents consists of more than 1 volume:

(a) the table of contents of all volumes of the core bundle of documents must be placed at the beginning of Volume A; and

(b) each volume must have a table of contents indicating the documents that are contained in that volume.

(15) Unless otherwise directed, the bundles of documents including the agreed bundle and core bundle, if applicable, shall be filed and served on all relevant parties at least 3 working days before trial.

Bundle of authorities

(16) The requirements in paragraphs 124(5) to (11) of these Practice Directions must be complied with.

(17) Unless otherwise directed, the bundle of authorities shall be filed and served on all relevant parties at least 3 working days before trial.

Opening statements

(18) A proper opening statement is of great assistance to the Court as it sets out the case in a nutshell, both as to facts and law. It is intended to identify both for the parties and the Judge the issues that are, and are not, in dispute. It enables the Judge to appreciate what the case is about, and what he or she is to look out for when reading and listening to the evidence that will follow. The need for brevity is emphasised as opening statements that contain long and elaborate arguments, and citations from and references to numerous authorities, do not serve this purpose:

(a) Unless otherwise directed, opening statements will be required from all parties.

(b) All opening statements must include the following:

(i) the nature of the case generally and the background facts insofar as they are relevant to the matter before the Court and indicating which facts, if any, are agreed;

(ii) the precise legal and factual issues involved are to be identified with cross-references as appropriate to the originating application, cross-application, reply and affidavits. These issues should be numbered and listed, and each point should be stated in no more than one or two sentences. The object here is to identify the issues in dispute and state each party’s position clearly, not to argue or elaborate on them;

(iii) the principal authorities in support of each legal proposition should be listed, while the key documents and witnesses supporting each factual proposition should be identified;

(iv) where there is a cross-application, the opening statement must similarly address all issues raised therein; and

(v) an explanation of the reliefs claimed (if these are unusual or complicated).

(c) In cases where the Court is of the opinion that costs or hearing days have been wasted by a poorly drafted opening statement, the Court will have no hesitation in making a special order for costs against the relevant party.

(d) The following format must be adhered to when preparing opening statements:

(i) all pages must be paginated, with the first page numbered as “Page 1” so that the page numbers of the hard copy correspond to the page numbers in the Portable Document Format (PDF) version;

(ii) the minimum font size to be used is Times New Roman 12 or its equivalent;

(iii) the print of every page must be double spaced;

(iv) the hard copy should be printed on both sides of each page where possible; and

(v) every page must have a margin on all 4 sides, each of at least 35 mm in width.

(e) Opening statements should not exceed 25 pages (including the cover page, table of contents and all annexes and appendices). All opening statements must include a cover page and a table of contents.

(f) Opening statements may be amended at trial, but solicitors will be expected to explain the reasons for the amendments.

(g) Unless otherwise directed, the opening statements shall be filed and served on all relevant parties at least 5 working days before trial.

19. Claims for ancillary relief

(1) If the party is claiming maintenance as an incapacitated husband, he must produce a medical report stating the following matters:

(a) the nature of the physical or mental disability or illness causing the husband to be incapacitated from earning a livelihood;

(b) the date on which the husband began to suffer from that physical or mental disability or illness;

(c) the extent to which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood; and

(d) the period during which the husband is incapacitated, by that physical or mental disability or illness, from earning a livelihood.

(2) The medical report in sub-paragraph (1) must be given by:

(a) a Singapore registered medical practitioner; or

(b) with the Court’s approval and subject to the party submitting evidence of registration as required by the Court, a foreign registered medical practitioner.

20. Binding summaries

(1) This paragraph applies to proceedings where any claim for ancillary relief is contested.

(2) The binding summary shall be in either of the following prescribed forms:

(a) Binding Summary of Positions in Form 17A of Appendix A of these Practice Directions; or

(b) Binding Summary of Positions (Simplified) in Form 17B of Appendix A of these Practice Directions.

(3) Form 17A is to be used in all cases unless the Court directs otherwise. As a guide, the Court may allow the use of Form 17B if the disputed financial matters involve only:

(a) 1 immovable asset in Singapore; and

(b) assets which do not require valuation.

Completing the binding summary

(4) As a general principle, the Court will likely direct the binding summary to be prepared after the exchange of written submissions. Unless otherwise directed, the parties or their solicitors shall file the binding summary at least 7 working days before the date of the hearing of the contested ancillary matters.

(5) The following process guides how parties are to complete the binding summary:

(a) The applicant shall complete his or her part of Form 17A / Form 17B. At this stage, the applicant may elect not to give his or her response to the respondent’s position (e.g. applicant’s views on respondent’s position) since the respondent has not stated his or her position.

(b) The applicant shall send the soft copy of the document in (a) to the respondent via any agreed manner of communication, e.g. email.

(c) The respondent shall complete his or her part of the document in (b) and include his or her signature.

(d) The respondent shall return the soft copy of the document in (c) to the applicant via the agreed manner of communication.

(e) The applicant shall include his or her response to the respondent’s position (e.g. applicant’s views on respondent’s position) (if not yet included) and affix his or her signature to the completed document. The applicant then files and serves the completed document.

(6) The parties may mutually agree to adjust the process in sub-paragraph (5) to suit the needs of the specific case. Where any party is self-represented, the represented party (whether applicant or respondent) shall initiate the process in sub-paragraph (5).

(7) In addition to Part 2, Rule 18 of the Family Justice (General) Rules 2024, the parties are to bear in mind the following pointers when completing the binding summary:

(a) A party must not edit the other party’s input unless it is done at the other party’s request or by agreement.

(b) To assist the hearing judge, the parties should clearly identify each and every issue which the parties agree on.

(c) Except as mentioned in sub-paragraph (5)(e), the party who is the last to sign off on the binding summary (i.e. the applicant if the process in sub-paragraph (5) is followed) must avoid revising his or her previously completed part of the binding summary unless:

(i) it is a clear typographical error and is unlikely to affect the other party’s input; or

(ii) it is first notified to the other party and the other party is given the opportunity to revise his or her input accordingly.

Use of Core Document Bundle with the binding summary

(8) Parties shall prepare a Core Document Bundle in Form 18 of Appendix A of these Practice Directions, containing key documents which he or she intends to rely on for the hearing.

(9) The Core Document Bundle must only contain documents which are included in the filed affidavits. The content page of the Core Document Bundle should identify the source of each document in the Core Document Bundle by providing the corresponding reference in the filed affidavits.

(10) Where the Core Document Bundle is prepared, the reference to the supporting evidence in the binding summary can point to the reference in the Core Document Bundle.

(11) As a guide, the Court may dispense with the Core Document Bundle where the Court allows the use of Form 17B.

21. Agreement on claim(s) for ancillary relief

(1) When an agreement has been reached between the parties on any claim for ancillary relief, a Draft Ancillary Reliefs Order in Form 8 of Appendix A of these Practice Directions may be prepared for submission to the Court for an order in terms of the agreement.

(2) If the agreed ancillary orders in sub-paragraph (1) include an order for split care and control of the children of the marriage, the parties shall file an Affidavit of Split Care and Control in Form 10 of Appendix A of these Practice Directions.

22. Evidence in proceedings for avoidance of disposition

(1) The affidavit filed in support of proceedings for an avoidance of disposition must contain, so far as is known to the deponent:

(a) the assets to which the disposition relates; and

(b) the persons in whose favour the disposition is alleged to have been made, and in the case of a disposition alleged to have been made by way of settlement, the trustees and the beneficiaries of the settlement.

(2) Where the proceedings for an avoidance of disposition relates to land, the affidavit in support must, in addition to containing any particulars required by sub-paragraph (1):

(a) state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number;

(b) give particulars, so far as is known to the applicant, of any mortgage of the land or any interest in the land; and

(c) give particulars of the registered owner or owners of the land and, if there is more than one owner, the manner in which the land is held, whether as joint tenants or tenants‑in‑common.

(3) The affidavit or affidavits filed in respect of proceedings for an avoidance of disposition, and any application filed to commence such proceedings, must be served on the following persons and on the party defending the proceedings:

(a) the person in whose favour the disposition is alleged to have been made, and any mortgagee of whom particulars are given pursuant to sub-paragraph (2); and

(b) such other persons, if any, as the Court may direct.