SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Petrina Tan, Bih Li & Lee LLP
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 matrimonial proceedings, in accordance with Sections 121A–121G of the Women’s Char - ter 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 domi - ciled in Singapore: (a) on the date of the application for leave; or (b) on the date on which the divorce, annul - ment or judicial separation took effect in the foreign jurisdiction; or • one of the parties to the marriage was habitu - ally resident in Singapore for a continuous period of one year: (a) immediately preceding the date of the application for leave; or (b) on the date on which the divorce, annul - ment, or judicial separation took effect in the foreign jurisdiction. Should this jurisdictional threshold be met, the party 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 application, 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 for - eign court to grant financial relief, as well as the orders already made and any other relevant cir - cumstances – for example, why no orders were previously made. Further, in respecting interna - tional comity, Singapore courts are also reluctant to review and rewrite what a foreign court may already have decided. 2.2 Service and Process 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 (General) Rules 2024, includ - ing under the requirements of any written law or in a manner agreed to between the parties (see 1.1 Grounds, Timeline, Service and Process ). Ancillary Matters Process The first ancillary affidavit (FAA) is a sworn state - ment to be filed and served by each party 28 days after the interim judgment of divorce or judgment of judicial separation has been grant - ed. The FAA was previously referred to as an “affidavit of assets and means” under the Fam - ily Justice Rules 2014. The new Family Justice (General) Rules 2024 also specify a default four- week timeline for the filing and exchange of FAAs, whereas previously timelines were left to the court’s discretion. The FAA is to set out each party’s claim for ancil - lary relief and the particulars of the claim, as well as all relevant supporting evidence. Following the filing of the parties’ respective FAAs, a second ancillary affidavit in response to the matters raised in the FAA may be filed and served. This is also to be filed 28 days after
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