SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
accordance with Form 2B of the Family Justice (Gen ‑ eral) Rules 2024. 1.2 Choice of Jurisdiction in Divorce Proceedings Singapore as the Jurisdiction for Divorce A Singapore court has jurisdiction to hear an applica ‑ tion for divorce where either or both of the parties: • are domiciled in Singapore at the time of com ‑ mencement of proceedings; or • have been habitually resident in Singapore for a period of three years immediately prior to the com ‑ mencement of proceedings. A Singapore citizen is deemed, until the contrary is proved, to be domiciled in Singapore. A person’s domicile of origin (ie, their place of birth) would pre ‑ vail when determining domicile, unless that person acquires a new domicile of choice or dependence subsequently. The party who alleges that a domicile has been changed would bear the burden of proving the claim. A person cannot have more than one domi ‑ cile at any one time ( Peter Rogers May v Pinder Lillian Gek Lian (2006) SGHC 39). The concept of habitual residence is distinct from that of domicile. An individual would be habitually resident in a place that they are ordinarily or normally resident in, apart from temporary or occasional absences of long or short duration. The residence should also be one that is voluntarily adopted, with a degree of set ‑ tled purpose ( Lee Mei-Chih v Chang Kuo Yuan (2012) SGHC 180). Given that Singapore does not recognise same-sex marriages or civil unions, queries as to the jurisdic ‑ tional grounds for divorce in these categories would be a non-starter in Singapore. Contesting Jurisdiction The applicant who commences an originating appli ‑ cation for divorce would need to state, in Form 2A, the basis on which the court has jurisdiction to hear the matter – that is, whether reliance is placed on the parties’ domicile or habitual residence.
If a respondent wishes to contest the jurisdiction of the Singapore courts to hear the matter, they will have to indicate this intention in the reply to the originat ‑ ing application for dissolution of the marriage. The respondent should also file a summons to apply for the Singapore proceedings to be stayed pending a determination on the appropriate forum for divorce proceedings. In such an application based on the ground of forum non conveniens, the court of appeal has affirmed that the principles laid out in the seminal case of Spiliada Maritime Corporation v Cansulex Ltd (1987) AC 460 are applicable. In brief, these principles are as follows. • The court may grant a stay on the ground of forum non conveniens when there is an available forum, having competent jurisdiction, that is the appropri ‑ ate forum. • Generally, the respondent would bear the burden of proving that a stay should be granted. If the court is satisfied on a prima facie basis that another forum would be the appropriate forum, the burden shifts to the applicant to establish that there are special circumstances that warrant a continuation of proceedings in Singapore. • The burden on the respondent extends to estab ‑ lishing that the alternative forum is clearly or dis ‑ tinctly more appropriate than the present forum. • The natural forum is the place in which there is the most real and substantial connection to the action. The court will examine connecting factors such as convenience, the law governing the matter, the location of assets, and nationality. • An application for a stay would typically be refused in situations where the court determines there is no other available forum that is clearly more appropri ‑ ate. • Conversely, a stay would usually be granted where there is an available forum that – at face value – is clearly more appropriate for the action, unless there are other countervailing considerations that conflict with the grant of a stay. In situations where the court’s jurisdiction may be a point of contention, parties should be wary of filing further pleadings and/or applications, as this may be
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