SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
seen as a submission to the jurisdiction of the Singa ‑ pore courts ( VH v VI and another (2008) 1 SLR 742.
or judicial separation took effect in the foreign jurisdiction; or • one of the parties to the marriage was habitually resident in Singapore for a continuous period of one year: (a) immediately preceding the date of the applica ‑ tion for leave; or (b) on the date on which the divorce, annulment, or judicial separation took effect in the foreign jurisdiction. Should this jurisdictional threshold be met, the par ‑ ty will need to apply for leave from the court for the application. Singapore should also be the appropriate forum for the relief to be granted. When assessing whether there are “substantial grounds” for the application, the court will also review the merits and prospects of success of the applica ‑ tion, in order to carry out the function of Section 121D of the Women’s Charter 1961 as a “filter” against unmeritorious or oppressive actions ( Harjit Kaur d/o Kulwant Singh v Saroop Singh a/l Amar Singh (2015) 4 SLR 1216). Even after substantial grounds are shown, the courts will also consider the power of the foreign court to grant financial relief, as well as the orders already made and any other relevant circumstances – for example, why no orders were previously made. Fur ‑ ther, in respecting international comity, Singapore courts are also reluctant to review and rewrite what a
2. Financial Proceedings 2.1 Choice of Jurisdiction in Financial Proceedings Jurisdiction in Financial Claims
As the court’s power to order the division of matrimo ‑ nial assets upon divorce flows from the granting of a judgment of divorce, the court’s jurisdiction to hear the parties’ financial claims follows from a grant of interim judgment of divorce. Contesting the court’s jurisdiction, at this late stage, would likely be seen as extremely belated and might not be entertained. Financial claims are often dealt with at the ancillary matters’ stage of the divorce proceedings – that is, after the interim judgment of divorce has been grant ‑ ed. While a party is at liberty, at any stage, to make an application for a stay of proceedings, an application made on the basis of pursuing financial proceedings in an alternative jurisdiction is likely to require exception ‑ al circumstances before it would be granted. Further, if the application is deemed frivolous or vexatious, it may also be dismissed with an adverse costs order against the party making the application. Generally, if there is any challenge to the appropriate forum for the proceedings, this should be made expeditiously and as early as possible. Financial Claims in Foreign Divorces Parties who have obtained a divorce in a foreign jurisdiction may apply to the court for leave to apply for financial relief consequential to said foreign mat ‑ rimonial proceedings, in accordance with Sections 121A–121G of the Women’s Charter 1961. As a pre-condition to the granting of financial relief, either one of the following two conditions must be satisfied: • one of the parties to the marriage was domiciled in Singapore: (a) on the date of the application for leave; or (b) on the date on which the divorce, annulment
foreign court may already have decided. 2.2 Service and Process in Financial Proceedings Service
For matrimonial proceedings, the applicant is to arrange for the originating application to be personally served on the respondent(s). There are other methods of service provided for under the Family Justice (Gen ‑ eral) Rules 2024, including under the requirements of any written law or in a manner agreed to between the parties (see 1.1 Grounds, Timeline, Service and Process ).
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