FAM_PS01

1. What are the questions that you need to ask H/W to elicit the further
appropriate information and/or documentation from him/her to advise on
available options? How would you explain the process of filing divorce
proceedings and its different stages?
HUSBAND:
If unreasonable behaviour
o What kind of unreasonable behaviour within the last year (when he
moved)
o Living together?
Have bar if live more than 6 months together
Possible counselling?
Issues:
Long marriage
Admits to affair?
o Cannot file on own adultery
Slapping wife
cannot tolerate wife get more info
o Subjective
Kids
o How many
o Age
o Parenting plan
o Mandatory counselling (CFRC for children aged 7 and below)
Property
o S112
Maintenance
o Current finances?
o How material is the change
o Income documents
Children
Age, how many, mandatory counselling required for children? (CFRC)
Relationship with the children
Parenting arrangements
Who is providing day-to-day care etc
Documents:
For maintenance: Income statements, CPF statements, credit card statements
etc
Divorce
Cannot rely on adultery

Unreasonable behaviour?
o Ask for more details
Separation:
o Ask whether live together for 3 or 4 years
o Here, sometimes H comes back to flat
Make distinction as to live apart and living together
Eat together? Share a room?
Desertion

WIFE
Date of adultery (if after 6 months and still living together, there is a bar)
Difference between custody, care and control
o Court unlikely to grant sole custody (CX v CY)
o Parenting Plan needs to be filed
Financially strapped
o LAB?
o Can they afford to pay legal fees to lawyer
o Probably cannot afford PI may not be able to pursue adultery
Have to adduce evidence to show that there was affair
Or proof opportunity that adultery took place
NOTE: is this worth the money that she does not have
NOTE:
Litigation will affect the kids worth it?
If both parties file for divorce
Court might grant both writs, or grant one and dismiss the other (the
dismissed party has to still pay costs), or dismiss both?
Questions to ask:
What are the assets that you and your spouse have?
o Private property at East Coast Road, HDB flat
o Monies in bank account, shares and unit trusts, insurance policies,
motor vehicles, jewellery, club membership
What are the contributions to the matrimonial assets?
o Here:
WIFE: private property at East Coast Road purchased using funds
from joint account; registered in Hs name
HUSBAND: private property paid solely by him
Whether client or other party is a bankrupt?
o If bankrupt, need to seek leave from Official Assignee to dispose of
property
o File request to inspect court papers if there have been bankruptcy
proceedings
CPF monies:
o Ask:

Whether client has CPF monies, and how much and in which
account (ordinary, special, medisave, retirement and living
expenses account)? Any CPF Investment account?
Does client want a share of CPF monies? Is he/she wiling to give
spouse a share of CPF monies?
Does client want transfer of ownership of CPF Investment
Scheme investments held by the other spouse?
Are W and H a Singaporean or Singaporean PR?
A foreign client/Singapore PR can get charging order on
the other spouses CPF monies without spouse having to
comply with minimum sum requirements and restrictions
on withdrawals by undischarged bankrupts.
Are W and H nearing 55 years of age?
This is because if other spouse is turning 55 years soon,
and client wants a share of other spouses CPF monies,
you must expedite the matter to ensure that he/she does
not turn 55 and withdraw monies before an order of court
for the transfer of the monies to your client / charge in
favour of your client is made.
Client has two options: (1) apply for transfer of CPF monies, or (2) get a
charge in his/her favour over the other spouses CPF monies
To advise client on
Transfer:
o Not subject to other spouses obligations to set
aside minimum sum and restrictions on
withdrawals imposed on bankrupts.
o More certainty as to the amount client will receive.
The monies will be transferred immediately into
his/her account if the court grants order for
transfer.
o Client can only withdraw the monies when turn 55,
but can use the monies under the various CPF
schemes.
Charge:
o Have to comply with minimum sum requirements
and there are restrictions on withdrawals by
undischarged bankrupts
o Government loans and grants will also be deducted
before monies charged can be paid to spouse.
In order to decide which option is better, we must
consider:
o How much money Client can get under each option.
o When client will be able to get the money under
each option:
o E.g. if H is nearing 55 years old, should apply for
charging order instead of transfer order. Once the
spouse turns 55 years, C can immediately apply to
CPF Board for the monies charged to be paid to her
in cash.

Documentation needed:
CPF statements for the relevant accounts. Can be
downloaded by client on CPF website or from main
office/CPF service centres. You can make an oral aplication
for a court order in the standard form provided by the CPF
Board at ancillary PTC for spouses CPF statement.
E-file the draft CPF order for the courts reference at least
two days before PTC.
The CPF order requests the CPF Board to furnish
information about the amount of CPF monies used by the
H to purchase the flat, the amount of CPF monies standing
in his accounts?
See whether there is the option of no refund or partial refund of
CPF monies used for the purchase of the property if the CPF
monies are transferred to C
Splitting the HDB flat
o Ask:
What is the present value of the HDB flat?
What is the present oustanding loan on the HDB flat?
How much CPF monies was used in the purchase of the HDB
flat? Who paid these CPF monies?
Any CPF grant?
What is the proportion of clients direct financial contribution?
Whether client is working assesses her ability to buy over Hs
share of flat
If she is not working, this will affect her ability to obtain
loan to purchase property.
It also affects her ability to service instalment payments
and mortgage the flat is transferred to her.
o Documentation:
Print-out from the internet showing resale transactions of flats in
the same block/street as flat (on hdb.gov.sg)
Outstanding loan and mortgage on the property
Proof of payments towards property
CPF statements on how much each party spent to acquire the
matrimonial flat.
Also ask HDB for valuation, instead of relying on Hs word.
We must also check with HDB on the schemes that may limit her
ability to have the flat transferred to her: e.g. family nucleus
schemes,.
o Note: if HDB flat bought with HDB loans, the sale proceeds wil be used
to pay off in the order of priority: outstanding HDB loan, HDB resale
levy, required CPF refunds, expenses and disbursements relatng to
sale. The balance is then divided between the parties.
Whether any third parties contributed to purchase of the property:
o E.g. parents provided money.
o One party will say it is a gift, the other will claim it is a loan.
o Need evidence from in-laws about payment.

Indirect financial contributions to the household:

o Ask who paid for renovations and consevancy fees for flat, utilities,
property tax, phone bills, groceries, childrens school fees.
o Documentation: supporting receipts.
Non-financial contributions:
o Did Client help spouse with business or in other ways, like to pay his
debts?
o Did Client look after children solely or with help?
o Did Client do most of the household chores?
o Anything else that Client did for the welfare of the family?

Process of filing divorce proceedings and its different stages

Stage 1: the divorce itself
o Apply for divorce
o Serve documents for divorce on spouse
o Spouse enters appearance
o Parties enter into status conferences
o Setting down for trial
o PTCs
o Hearing for divorce
o Interim judgment would be given
Stage 2: ancillary matters
o Ancillary matters PTC
(a) custody care and control of child/children
(b) access
(c) maintenance for child/children
(d) maintenance for the wife
(e) division of the matrimonial home
(f) division of the matrimonial assets
o Special Date PTC
o Hearing of ancillary matters (contested or uncontested)
o Final judgment given
How to explain process to client
2 stage-process
There might be an agreement between the two for ancillaries (draft to
consent order), go for mediation
Get IJ
Then adjourned for ancillaries
Pleadings
o There is standard form
Jurisdiction for court
If MA is more than 1.5m, then goes to HC (just AM)
FC still does divorce matter
If amount of MA is in dispute:
o Have to file Form 22: declaration of assets

o
o
o

Have to put everything down court decides if it is matrimonial asset

or not
FC determines the value of the MA
If about $1.5m, goes directly to HC
Any objection as to whether asset is MA can be raised as an
objection

2. Make a general assessment of the case based on the law applicable.

Discuss the law and the likely result of its application to the facts. Refer to
relevant legislative provisions and cases, where relevant.
Kids might not be that young marriage is 24 years old
Might not need to go counselling
Maintenance
S113 is also when writ has been filed and no divorce is granted yet
S69 is for within marriage
Note: procedure for S69 and S113 different
o S69:
In the form of Magistrate Complaint in the FC
Under CPC S13_??
o S113
Can make even if still married
Maintenance of children
If children above 21yo, must apply themselves for maintenance
o Provided that still studying etc
If above 21, no custody, care and control issues anymore
If children are older (18/19 yo), courts do make no custody order (Patrick
Nathan case discussed in CX v CY)
Factors of maintenance
S114 for ex-wife
S69 for children
Family violence
S65(1) when to grant
S64 definition
Does this scenario fall under exclusion of self-defence
o Probably need more information as to how W was abusing him
o If just hurling insults at H, then not self-defence?
To prove:
o S65(1)
o Court has to look at evidence injuries, medical reports, checkups
o Concentrate on 2-limb test
o If not living together or no contact with each other, is PPO necessary?
Here, might be difficult to prove that it is necessary for
protection

Violence in front of the child

o Can raise in SOP for W if going on behaviour, shows that this is not
good
o Generally courts do not ask children if violence happened

Division of assets
S112 gives court power to order division (just and equitable)
Non-financial contributions respected
PRIVATE PROPERTY
o On facts
Who paid for property contributions
Lived in private house qualifies as matrimonial home
Does not matter that owned in Hs sole name still qualify as
MA
Value of property
Outstanding mortgage
HDB FLAT
o Value of property
o Outstanding mortgage
o CPF monies?
o Financial contributions
o Documentations:
CPF withdrawal forms
Completion account
o Buy flat brand new? Resale flat?
Can sell in open market?
o How old is the flat?
o Can she take over the flat
o Not fully paid downgrade?
o If W takes over whole HDB:
Can say that she wants to take over HDB and she wont ask for
maintenance
CPF monies:
Have to be returned to Hs account upon sale or transfer
CPF transfer/charge
o Have to do so before CPF disbursement to member
o NOTE: If own HDB flat can assume they are either citizens or PR here
Ask for what other assets
o Bank accounts, shares, vehicles, etc
Maintenance of children wants to pay directly
If minor, have to pay to person having custody (S69(7))
If children much older, court can be flexible in giving child $$ directly
HUSBAND
Can only apply for divorce if falls under any one of the grounds in S95(3)

(a) DF committed adultery and PF finds it intolerable to live with DF;

(b) DF behaved in such a way that PF cannot reasonably be expected to live
with DF
(c) DF deserted the PF for a continuous period of at least 2 years
(d) Parties have lived apart for a continuous period of at least 3 years (DF
consents to a judgment being granted) or
(e) lived apart for 4 years.

For H, the only possible ground would be (b): unreasonable behaviour of the wife
Must show two things:
o 1. Establish DF's certain behaviour (e.g. prove family violence, or
chronic irresponsibility)
o 2. Such behaviour makes it unreasonable to expect PF to live with DF
Wong Siew Boey v Lee Boon Fatt: can PL with his/her
personality, reasonably be expected to live with DF
Here, unreasonable behaviour of wife:
o Abusive when confronting H about affair: screaming and shouting
o Wife brainwashing children
Hard to establish unreasonable behaviour
Therefore, have to wait for another 2 years to come under (d) living apart
for 3 years with Ws consent to divorce
CHILDREN
Welfare of child paramount consideration (S125 WC, S3 GIA)
Sole custody orders not usually granted because not serving welfare of child
(CX v CY)
Will probably grant a joint custody order
Care and control
o Have to check if children are young if young and all things being
equal, mother is preferred (Soon Peck Wah)
o Preserve status quo, continuity of living arrangements (Wong Phila
Mae)
o Hard to get care and control for H
Maintenance:
Will have to pay maintenance of child and W
WIFE
Can apply for divorce under S95(3)(a): adultery
PF must show two things:
o DF has committed adultery
o PF finds it intolerable to live with DF
Bar in S95(5): if lived together for more than 6 months after adultery is
known to W, then cannot rely on adultery
o Here, moved out of master bedroom after knowing of affair

Living apart means can live under same roof, but sleep in separate
bedrooms and keep separate households (Le Brocq v Le Brocq and
Leong Kwek Keong v Lee Ying Kuan)
Difficulty with proof evidence of PI is good but expensive
o Here, wife said she does not have sufficient funds: hard to get PI
o

Cannot establish proof, will have to wait another 2 years to come under (d) living
apart for 3 years
3. List out the documents/information you would require from H/W to
prepare the divorce papers.
Marriage cert
Children birth cert
CPF statements
List of expenses

Both parties and children

Payslip

The writ:
o Womens Charter (Matrimonial Proceedings) Rules (WCMPR), r 5:
Commencement of proceedings, etc.
5.(1) All proceedings for divorce, presumption of death and divorce,
judicial separation, nullity of marriage, or rescission of a judgment of
judicial separation shall be commenced by filing a writ in Form 3.
(2) Unless the Act or these Rules otherwise provide, every application
under Part X of the Act or these Rules shall be made either by originating
summons or, in a pending action or matter, by summons in Form 4.
o

Form 3 requires inter alia for us to prepare a statement of claim,

statement of particulars, agreed/proposed parenting plan,
agreed/proposed matrimonial property plan (for HDB flats only), and to
specify other relief such as:
Custody, care and control of children
Access to children fo the marriage
Maintenance
Division of matrimonial home
Division of matrimonial assets aside from matrimonial home.

The information we require is discussed in relation to the specific docs

below:

Statement of Claim:

WCMPR, r 7: Pf shall file together with a writ, a statement of claim. If it is

for Divorce/Judicial Separation, we must file Form 6.

If the Pf is alleging adultery for the purposes of WC, s 95(3)(a), the alleged

adulterer must be made co-Df, unless identity unknown or court so

otherwise directs (WCMPR, r 10)
Clients marriage certificate: Date, place of solemnization of marriage
and marriage certificate number is required
Assumed marriage is more than 3 years before the date of filing this

Writ. If not have to seek leave of court to file the Writ.

Particulars of parties (both Df and Pf): IC and other supporting
documents:
Age
Citizenship
Religion
Educational level
Occupation
Current address
Particulars of children:
Name, birth certificate/NRIC number
Date of birth
Gender
Any disability
State whether any dispute as to whether a living child is a child of
marriage.
Whether there are other proceedings: e.g. matrimonial, custody,
maintenance, if so must specify suit number, judgment date etc.

Statement of Particulars:
o Refer to Form 11, WCMPR, r. 7(1)(b). The statement of particulars sets

out in full the particulars of the facts pleaded in the statement of claim,
but not the evidence by which the facts are to be proved (WCMPR, r. 8(2)).
Following exhibits are required:
Marriage certificate

Agreed or Proposed Parenting Plan: needed if there are children below 21

years of age, as is the case here (WCMPR, r 8).
o Agreed (Form 27), Proposed (Form 28)
o Principles:

Parties shall try to agree on the arrangements for the welfare of

any dependent child of the marriage, and file an agreed parenting

plan (WCMPR, r. 8(2)).
If parties cannot agree on the arrangements for the welfare of any

dependent child of the marriage, parties are advised to seek

advice/assistance of persons trained / experienced in matters
relating to child welfare, and resolve their disagreements
harmoniously (WCMPR, r. 8(3));
In reaching any agreement on the arrangements for the welfare of

the dependent child, the welfare of the child is the paramount

consideration (WCMPR, r. 8(4)).
Assuming that we are drafting the Proposed Parent Plan, documents and
information required include:
Birth cert/NRIC, name of children
Current arrangements for children:
Residence
Care arrangements:
o If child not attending school daily: are both parents

working? Who looks after the child? Where is the child

cared for daily? How long has this arrangement been
in place?
If attending school: what are the childs school hours?

Where and by whom is the child being cared for before

and after school hours?
Financial provision: who is supporting the child and

contributing to the support, and extent

Proposed arrangements: Residence, Care giver, Education

Agreed or Proposed Matrimonial Property Plan

o Agreed (Form 31), Proposed (Form 32)
o This is required if there is a Housing and Development Board (HDB) flat to

be divided between the parties (WCMPR, r. 9). The property plan must be
accompanied by Particulars of Arrangements for Housing (Form 35).
Particulars of Property: get title deeds, make searches on SLA
etc. details of HDB Loan and CPF Housing Grant, replies to
queries made by L of CPF Board and HDB
Address of Matrimonial Property
Name of lessees
Name of permitted occupiers and relationship with each lessee
Joint tenants or tenancy-in-common

3-room flat
Financing the flat:
Payments made by each person towards purchase of Flat: how

much cash or CPF contributions made towards downpayment,

conveyancing, stamp and other admin fees, instalments (H paid),
indirect contribution
HDB loan amount
Outstanding loan due to HDB
Amount of CPF Housing Grant credited to each lessee
Replies to CPF standard query and HDB standard query submitted

o
o
o

by L must be annexed
Valuation of flat: must get valuation report
Other information: whether they are eligible to sell flat on open market
Pfs proposal with respect to flat:

4. List out the court documents you would have to prepare in the first
instance in order to commence divorce proceedings on his/her behalf.
1. Writ
2. Statement of Claim
3. Statement of Particulars
4. Agreed or Proposed Parenting Plan
5. Agreed or Proposed Matrimonial Property Plan, with particulars of arrangements
for housing.
5. What do you need to explain to client about the divorce process and the
implications of filing for a divorce? What is your advice on the options
open to him/her?
Tell them that there are other options

Family counselling at Fam Court

Cannot force them to go counselling

Conciliation rather than for reconciliation (if do not get along

well)

S50(3A) only in relation to CFRC

This is not for reconciliation purposes

It is for thinking about the arrangement of the children

Marriage Central
Under WC, before divorce proceedings commence, have to go through mediation
(S50(3A))

a. Order the parties to attend mediation conducted by such person

as the court may appoint;
b. Order the parties or their children or both, at any stage in the
proceedings, to attend counselling provided by such person as the Minister
may approve or as the court may direct.

Mediation:

It assists parties to solve their problems in a non-adversarial and

non-confrontational process.

It allows parties to make their own decisions on how to resolve the

conflict.

It allows parties to retain complete control over the outcome.

It also allows parties to avoid the risk of having a decision imposed

against them by a judge. This is especially so with divorce proceedings
where parties may feel happier with terms that they have agreed on
compared to orders made by the Court

The whole process is not about deciding who is right or wrong but
assisting parties to find a practical solution which is acceptable to all parties
taking into account their concerns and goals.

It saves both time and legal costs. More importantly, given the fact
that mediation is a non-adversarial process, parties can avoid the emotional
trauma of undergoing a contested hearing or trial which would inevitably
increase tension, stress, acrimony and costs.