SINGAPORE Trends and Developments Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Vaithieiswariy Kumar, Bih Li & Lee LLP
conflict between the parties and/or between the parents and children. If so, they should guide the client towards alternatives that are less inflammatory and which take into consid - eration the long-term interests of the family/ children. The TJ Model also provides guidelines on the conduct expected of parties under the model – for example, prioritising the interests of the children and the psychological well-being of the members of the family and focusing on the future and the parties’ shared interests. In addition to the focus on therapeutic justice and the judge-led approach, there are also several legislative reforms being introduced to streamline the processes and provide a more straightforward approach in dealing with family matters. New Family Justice Rules 2024 The new Family Justice Rules 2024 came into operation on 15 October 2024. The new Family Justice Rules 2024 comprise the following four volumes, providing a systematic guide to each aspect of family law: • Family Justice (General) Rules; • Family Justice (Probate and Other Matters) Rules; • Family Justice (Protection from Harassment) Rules; and • Family Justice (Criminal Proceedings in Youth Courts) Rules. Amicable divorce In Singapore, there is only one ground for divorce and that is “irretrievable breakdown of marriage”. Prior to 1 July 2024, a party could
rely on one of five facts to prove the irretrievable breakdown of a marriage. With effect from 1 July 2024, however, divorce by mutual agreement (DMA) – a new factual matrix – was introduced. There are now six factual matri - ces (including DMA) that can be cited to prove the irretrievable breakdown of a marriage. DMA is at the heart of therapeutic justice. Under this factual matrix, regardless of whether there are children involved, parties may obtain a divorce amicably if they can: • agree on the reasons leading to the parties’ irretrievable breakdown of marriage; • provide details of efforts taken to reconcile and yet show that the parties agree that the marriage cannot be salvaged; and • show that the parties have considered and reached an agreement in relation to their financial affairs and child matters (if applica - ble). This enables the divorce process to be com - pleted expeditiously on a no-fault basis and reduces the need for one party to lay the blame on the other (something that increases acrimony between the parties involved). Child matters Mandatory co-parenting programme Another key change introduced by the new rules is the requirement for parties to attend the man - datory co-parenting programme if there are chil - dren under 21 years old in the marriage, regard - less of whether the divorce application is by way of simplified divorce or contested divorce. The aim of this is to support parents in mak - ing informed decisions for the well-being of the children and to avoid making impulsive and/or irrational decisions.
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