Divorce Proceedings Chiang Joon Heng, Steven Help Centre Family & Juvenile Court 31 May 2010

1. Divorce Proceedings Chiang Joon Heng, Steven Help Centre Family & Juvenile Court 31 May 2010

2. A 2-stage process Stage 1 : Divorce Case Process (leading to Interim Judgment) Stage 2 : Ancillary Matters (leading to Final Judgment)

3. Stage 1 : Divorce Case Process 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) Hearing (Contested or Uncontested) } Status Conferences } Pre-trial Conferences INTERIM JUDGMENT

4. End of Stage 1, on to Stage 2 Interim Judgment Interim Judgment With All Ancillary Matters concluded/recorded } Filing of Affidavits Ancillary Pre-trial Conferences Ancillary Matters Hearing (and Order of Court) Certificate of Making Interim Judgment Final (Final Judgment)

5. 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)

6. Hearing of Ancillary Matters Uncontested ancillary matters Draft consent orders; Consent order hearings on Wednesday mornings

7. 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

8. 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)

9. Interim Judgment, Final Judgment Standard forms (Forms 23, 24 and 26) Final Judgment Only issued if all children’s issueshave 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)

10. 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 :

11. 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)

12. 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)

13. 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)

14. Questions & Answers

15. Thank You