SINGAPORE Law and Practice Contributed by: Randolph Khoo, See Chern Yang, Tan Ei Leen and Sharon Ki, Drew & Napier
Final injunctions may potentially be enforced only under the REFJA(A) or the CCAA (if they are not anti- suit injunctions), as they are non-money judgments. Where the REFJA(A) and the CCAA do not apply, there is case law suggesting that a judgment creditor may seek the grant of a freestanding injunction from the Singapore courts without having to commence sub - stantive legal action in Singapore. In Sulzer Pumps Spain, SA v Hyflux Membrane Manufacturing (S) Pte Ltd and another (2020) 5 SLR 634 (at (75) and (91) to (93)), the High Court held that it has the power to grant freestanding injunctions (as opposed to inter - locutory injunctions) where doing so is necessary to prevent injustice in the exercise of its equitable juris - diction. Although the decision was cited with approval in Tanoto Sau v USP Group Ltd and another matter (2023) 5 SLR 909, the High Court in Gazelle Ventures Pte Ltd v Lim Yong Sim and others (2024) 4 SLR 1066 at (66) to (72) disagreed with both cases. It remains to be seen whether the decision in Sulzer Pumps Spain, SA v Hyflux Membrane Manufacturing (S) Pte Ltd and another (2020) 5 SLR 634 will be endorsed by the court of appeal. Divorce and Family-Related Orders Although a foreign divorce decree or judgment may potentially be recognised in Singapore (see Ho Ah Chye v Hsinchieh Hsu Irene (1994) 2 SLR 316; UFN v UFM and another matter (2019) 2 SLR 650), ancil - lary orders to the divorce relating to the custody of children, maintenance and the division of assets may not be enforceable if they are amenable to variation or involve rights in immovable property that is located outside of the jurisdiction. This can be problematic for divorcing couples who have decided to live in sepa - rate countries and have assets located in different jurisdictions. The state of the law with regard to foreign divorce and family-related orders may be summarised as follows. Custody orders Generally, the law does not recognise foreign custody orders unconditionally because the court’s own inde - pendent view on the welfare of the child is of para - mount importance ( TSH v TSE (2017) SCHCF 21 at (50)). A fresh application for custody would thus have
to be filed in the Singapore courts – although it may be challenged on grounds of forum non conveniens. Division of assets Foreign orders for the division of matrimonial assets are typically unenforceable for two reasons: • they are non-money judgments; and • foreign orders affecting property generally have no effect on rights in property situated outside the jurisdiction of the court granting the order. To address these issues, Sections 121A to 121G of the Women’s Charter 1961 empower the courts to grant financial relief consequent to the termination of a mar - riage by a foreign decree or judgment. However, the court will only agree to do so if it would be appropriate in all the circumstances of the case (Section 121F(1) of the Women’s Charter 1961). Maintenance With the repeal of the RECJA (see Lee Pauline Brad- nam v Lee Thien Terh George (2006) SGHC 84), foreign maintenance orders now have limited enforcement channels within Singapore. Only final orders of lump sum maintenance or accrued arrears may be enforced under the common law regime or the REFJA(A). Orders for periodic maintenance must be enforced by registration under the Maintenance Orders (Recip - rocal Enforcement) Act 1975 (MO(RE)A), but this only applies to judgments from Australia, the HKSAR, New Zealand, the UK, and Manitoba. MO(RE)A orders can be registered under Division 4 of Part 3 of the Family Justice (General) Rules 2024 (the “FJR 2024”) read with Section 6 of the MO(RE)A. The registration and enforcement of MO(RE)A orders under the FJR 2024 is a change that was introduced in the newly amended Family Justice Rules. These changes enable Family Court-Appointed Maintenance Enforcement Officers to obtain information about the parties’ assets and means from banks and government agencies (Part 3, Rule 30 of the FJR 2024). This could lead to more effective maintenance outcomes. 3.4 Process of Enforcing Foreign Judgments The steps required for enforcement under the various regimes are briefly outlined as follows.
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