WAIVER OF 15-DAY RESIDENCE REQUIREMENT FOR MARRIAGE
What is the change that has been made to the 15-day criterion for issuance of a marriage licence?
With effect from 1 June 2011, where both parties intending to get married are Singapore Citizens (SCs) and/or Singapore Permanent Residents (SPRs), it is no longer required for at least one party to be physically present within Singapore for at least 15 days before the date of notice of marriage. The change is to facilitate these couples, who already have a connection to Singapore, to register their marriages here. In particular, SCs/SPRs residing or working overseas would no longer need to take long periods of leave to meet this statutory condition.
For couples where at least one party is not a SC or SPR, the 15-day requirement will continue to apply and at least one of them has to be physically present within Singapore for a minimum of 15 days before the date of notice of marriage.
My spouse-to-be and I are both Singapore citizens but we are currently working overseas. We wish to solemnize our marriage in Singapore. Do we need to meet the 15-day requirement?
The 15-day requirement is not applicable to marrying parties who are both Singapore Citizens (SCs) and/or Singapore Permanent Residents (SPRs). You may proceed to file your notice of marriage online even if you are not physically present in Singapore.
I am a Singapore citizen/permanent resident and my spouse-to-be is a foreigner. Does he/she need to meet the requirement of 15 days stay before filing our notice of marriage?
At least one party has to be physically present in Singapore for a minimum of 15 days before you can file a notice of marriage. Please note that the day of arrival in Singapore is not included and the 15 days need not be continuous or immediately preceding the date of notice of marriage.
ENFORCEMENT OF MAINTENANCE ORDERS
How will the new measures introduced under the Women’s Charter amendments help to reduce the number of defaults?
The new measures enlarge the choice of sanctions that the Court could impose against those who have defaulted on a maintenance order. Existing sanctions e.g. jail terms, could affect a respondent’s ability to pay maintenance due to potential job loss. The new measures are able to penalize the defaulter without affecting their means of income. For example, a defaulter could be ordered to post a banker’s guarantee of up to 3 months of maintenance. This will help to mitigate the hardship faced by the ex-spouse and children should he default again, as they will be able to draw down the money pending the outcome of their enforcement application. The defaulter could also be made to perform community service which could be arranged during non-working hours.
The new measures may also help and encourage defaulters reduce likelihood of future defaults. For instance, financial counseling ordered by the Court could help a defaulter better manage his/her finances to fulfill maintenance obligations. The need to declare maintenance arrears for defaulters who remarry may also spur them to clear the arrears. Some of these measures can be imposed even after the defaulter pays up the arrears.
Along with these measures introduced in the Women’s Charter, the Courts have also streamlined the enforcement process since April 2010 to reduce the number of times a complainant needs to attend Court. The Courts have also been increasing the use of attachment of earnings orders, which require the defaulter’s employer to pay maintenance directly out of his salary. These are intended to reduce the burden on the complainant of enforcing the court order.
COMMUNITY SERVICE ORDER
What is a community service order? What will the defaulter be asked to do if such an order is made?
A community service order is a Court order to perform unpaid community work for a period of up to 40 hours. The assigned tasks are those which can be suitably performed by most individuals e.g. delivering food to the needy, and which will benefit the community. This is meant to be a punitive deterrent against defaults.
Who can be ordered to perform community service?
Persons who have not complied with a maintenance order, that is those who have failed to pay maintenance to their children and/or wife/ ex-wife as required by a court order, can be ordered to do community service.
Who decides whether a defaulter should perform community service?
The Court presiding over the case will decide what action to take against a defaulter by considering all relevant factors. One of the actions taken could be to impose a community service order on the defaulter.
BANKER'S GUARANTEE
What is an order to furnish a banker’s guarantee?
This is an order to set aside a sum of money to be kept in a bank, as a security against future maintenance defaults. The recipient of the maintenance order will be the beneficiary of the guarantee, and he/she can claim the sum of money if there is a subsequent default. An order to provide a banker’s guarantee may be made by the Family Court under Section 71 of the Women’s Charter, against persons who have defaulted on maintenance payments under a maintenance order.
Who can be ordered to furnish a banker’s guarantee?
Persons who have not complied with a maintenance order, that is, they have failed to pay maintenance to their children or ex-wife as required by a court order, may be ordered to furnish such a security against future defaults on maintenance. It enables the maintenance recipient to claim on the funds when a future default occurs, while he/she takes actions to file a complaint with the Courts against the future default.
A person who defaults on maintenance payment but has since paid his outstanding arrears, may still be ordered to provide a banker’s guarantee. A defaulter who has provided a banker’s guarantee should continue paying maintenance regularly.
FINANCIAL COUNSELLING
What is a Financial Counselling Order?
A Financial Counselling Order is an order for a person who has defaulted on maintenance payments under a maintenance order to attend a counselling programme on managing his/her finances. Financial counselling can help individuals to better plan ahead and manage finances such that they are more likely to be able to pay maintenance.
Who can be ordered to attend counselling?
Persons who have not complied with a maintenance order, that is, they have defaulted on maintenance payments to their wife/ex-wife and/or children, can be ordered to attend financial counselling. A defaulter who has paid his outstanding arrears may still be ordered to undergo financial counseling so that he may benefit from it and avoid further defaults.
How will financial counselling benefit the defaulter?
During the sessions, the counsellor will analyse and discuss with the defaulter on income, expenditure and financial responsibilities. The counselor will advise the defaulter on how to manage one’s budget to meet all financial responsibilities.
To benefit from the sessions, the defaulter should cooperate and provide the information needed to the counsellor. The defaulter should take the opportunity to work out his/her finances so that he/she will not default on maintenance payments again.
CREDIT BUREAU REPORTING
What is this measure about?
Maintenance recipients, their caregiver or an authorised representative of such person may lodge a report to a designated credit bureau regarding the unpaid arrears stated on the court order. The credit bureau will reflect this information, as part of the credit payment history of the maintenance defaulter to its members.
What is the intent of reporting maintenance debts to credit bureaus and how will it help in enforcing maintenance orders?
Financial institutions will be informed of the defaulters’ maintenance arrears, which constitute a form of debts. This could impact his credit worthiness, affect his ability to take loans, and exert social pressure on him to clear his maintenance arrears.
How should a person make reports of maintenance debts to credit bureaus?
The complainant should bring the Court order which states the maintenance arrears owed to the credit bureau. Reports on maintenance debts can be made to DP SME Commercial Credit Bureau (Website: www.dpgroup.sg; Tel: 6738 1900.) A fee is payable in order to make the report. Thereafter, the maintenance debts will be reflected in the defaulter’s credit report. The debt information will be updated regularly when repayments are made.
Are there safeguards in place to prevent irresponsible reporting?
The Court will issue an order stating the arrears owed as part of the enforcement proceedings if it is established that an individual has not paid maintenance. The credit bureau will only accept court orders as proof of maintenance arrears.
What happens when a defaulter pays up? What happens when there are disputes in claims of repayment?
The onus is on the defaulter to make repayments towards the maintenance debt and update the credit bureau accordingly. When the debt is fully repaid, it will be removed from the defaulter’s credit report. Where disputes arise regarding repayment, the credit bureau will contact both parties to resolve the dispute. To avoid these situations, parties should maintain verifiable payment records.
DECLARATION OF MAINTENANCE DEBTS UPON REMARRIAGE
What is the measure on declaration of maintenance debts upon remarriage about?
With effect from 1 Sep 2011, if you were previously married but had divorced, and are remarrying, you will be required to declare in the presence of your new spouse-to-be, whether you have any maintenance obligation and outstanding maintenance arrears towards your ex-spouse or children from your previous marriage(s).
The declaration will help to remind the new marrying couple of previous familial commitments that they must continue to fulfil. The declaration also enables the marrying parties to have fuller information regarding their potential spouses before entering into the marriage.
You will not be barred from remarrying if you declare that you have outstanding maintenance debts. However, before starting on a new marriage, maintenance debts should be paid in full and maintenance payments made regularly even after the new marriage.
At which point will divorcees be required to make the declaration of maintenance debts?
Couples who wish to marry will first e-file their notice of marriage on the ROM/ROMM websites. The information provided by couples during e-filing, including declarations that they meet prescribed requirements, will be printed in a Statutory Declaration form. If the couple has indicated during the e-file that there are maintenance debts, this information will be stated in the Statutory Declaration form.
The declaration of maintenance debts will be conducted together with declarations of other statutory requirements made by couples, when they visit the Registries of Marriages to verify their documents. The couple must check and declare before the Commissioner for Oaths at ROM or ROMM that all particulars submitted to ROM/ROMM, as stated on the Statutory Declaration form, are correct.
The declaration must be done in the presence of their new spouses. Failure to make a declaration of maintenance debts during the online marriage registration will result in an incomplete registration and ROM/ROMM will not be able to process the application of a marriage licence to the couple.
Do we need to produce the Maintenance Order when making the statutory declaration at ROM/ROMM?
There is no need for you to produce the Order when making your declaration at ROM/ROMM.
FILING OF COMPLAINTS TO ENFORCE MAINTENANCE ORDERS VIA VIDEO CONFERENCE AT SOCIAL SERVICE AGENCIES
Which agencies have been appointed by the Ministry of Community Development, Youth and Sports (MCYS) to provide the video conference service? What are their operating hours and contact information?
The Singapore Council of Women’s Organisations and Tampines Family Service Centre have been appointed by MCYS to provide this service. The operating hours, address and contact details of the two agencies are as follows:
The Singapore Council of Women’s Organisations
Address: 96 Waterloo Street Singapore 187967
Operating hours*:
Monday and Tuesday: 9am to 12pm, 2pm to 4.30pm
Friday: 9am to 12pm, 2pm to 4pm
Contact number: 6571 0185
Tampines Family Service Centre
Address: Blk 470 Tampines St 44 #01-194 Singapore 520470
Operating hours*:
Wednesday, Thursday: 9am to 12pm, 2pm to 4.30pm
Friday: 9am to 12pm, 2pm to 4pm
Contact number: 6787 2001
*Operating hours for video conference service only.
What is involved in the process of filing a complaint through video conferencing?
Step 1: Check outstanding complaints
Before approaching the agency, ensure that the Complainant has not already made a complaint against defaults for the same period. If a Complainant has already filed a complaint, and it is pending the next stage (i.e. Mention or Hearing), he/she should not file another complaint for the same default period. For example, the ex-spouse has not paid maintenance since January and it is now July. In June, the Complainant filed a complaint with the Family Court for the default from January to May and the case is pending a Court Mention or Hearing. He/ She should not file another complaint for the defaults from January to May. He/ She can, however file another complaint for the defaults for June and July as these two months was not covered in the earlier complaint and request for both complaints to be heard together. The Court may deal with both complaints concurrently.
Step 2: Approach an agency
The Complainant can approach either of the two appointed agencies, namely, the Singapore Council of Women’s Organisations and Tampines Family Service Centre.
He/ She must bring along the required documents:
Identity card; and
Photocopies of the following:
- Marriage Certificate (if applicable);
- Birth Certificate(s) of the child or children (if applicable);
- The most current Order of Court on maintenance.
To avoid delays, it is advisable to call the agency beforehand to arrange for an appointment.
Step 3: Filing the complaint
A staff at the agency will attend to the Complainant to understand the case.
If the Complainant decides to proceed to file a complaint to enforce a maintenance order, the agency will assist him/ her in doing so. The agency staff will:
- Explain the court procedures involved;
- Asist in filling up the application forms, compute arrears and maintenance amounts;
- Liaise with the Family Court to schedule filing via video conference on the same day;
- Fax over the necessary documents;
- Assist in explaining any instructions given by the Courts. Depending on needs, the agency staff may also provide assistance in other areas such as counselling, referral for financial assistance etc.
How much does it cost to file a complaint via video conferencing?
Each complaint filed will be charged at a nominal fee of $1. This is similar to the fee for filing complaints directly at the Family Court.
How long will the process take?
The duration may vary depending on the complexity of the case and whether all the necessary documents are available. If the case is straightforward and all the necessary documents are in order, it should take about an hour for a Complainant to be assisted in preparing the application and lodging the complaint to the Family Court. However, if Complainants approach the agency towards the closing time, they may need to return another day to complete the process. Complainants may wish to call the agency beforehand to arrange a suitable time for filing of complaints.
What happens after the complaint is filed?
After a complaint is filed, a Summons will be issued by the Family Court and served on the Respondent. The case may proceed to a Mention and Hearing. Parties will be given a list of the documents which they must bring on the Mention date. In maintenance cases, the usual documents consists of parties’ bank and CPF statements, salary slips, IRAS Notices of Assessments and lists of personal monthly expenses.
Service of summons on the Respondent
Following the issue of the Summons, the Family Court will serve the Summons on the Respondent (the person against which the complaint had been filed). A date will be set for the Mention of the case at the Family Court and the Complainant will be notified.
Mediation, Mention and Hearing
The Mention and Hearing of the case will be done at the Family Court. The Complainant will need to be present in Court during the Mention and Hearing as these cannot be done via video conference at the social service agencies. Parties must bring the documents specified in the lists given to them,
Parties will be given the opportunity to have the matter mediated on the day of the Mention. This means that a third party will work with them to see whether they can both agree on the arrangement for payment of the maintenance arrears. If agreement is reached, parties will confirm the agreement before a Judge and an Order of Court will subsequently be issued. Parties then do not have to attend any further Mention or Hearing. If no agreement is reached, the case will proceed for a Mention.
A Mention is a short hearing which both the Complainant and the Respondent are required to attend. At the Mention, the Judge may:
- consider whether the case may be resolved by agreement;
- give orders on the production of evidence.;
- give orders on the filing of affidavits, if the Complainant or the Respondent have lawyers, or know how to prepare affidavits; and
- determine how many days are needed for the hearing of the case, and fix Hearing dates accordingly.
The District Judge may direct the Respondent to show cause as to why he or she has breached the maintenance order, and why enforcement action should not be taken against him or her.
The Hearing can be held on the same day for cases with no dispute on the arrears, and where parties are prepared with their documentary evidence. Otherwise, a Hearing date will be fixed for another day. If either party wishes to call witnesses at the Hearing, they should inform the District Judge of their intention during the Mention in Family Court.
The Hearing may last anything from an hour or two, to a few days, depending on the complexity of the case. The District Judge in Family Court will assess this, and decide how much time to allocate to the case.
At the Hearing, the proceedings will generally take the following structure:
- The Complainant takes the witness stand to give sworn or affirmed evidence.
- The Respondent may cross-examine the Complainant on what he or she has said and on the documentary evidence.
- The Respondent takes the witness stand to give sworn or affirmed evidence.
- The Complainant may cross-examine the Respondent on what he or she has said and on the documentary evidence.
If either party is represented, the proceedings at the Hearing will be conducted by their lawyers. At the end of the Hearing, the lawyers will present arguments on behalf of each party. The Magistrate or District Judge will then make the necessary orders. This concludes the case.
Can I apply for a maintenance order via the video conference service? Can I enforce the maintenance order issued by the Tribunal for Maintenance of Parents (TMP)?
For the time being, the video conference service is only for filing of complaints to enforce an existing maintenance order for a wife/ an ex-wife or children. Applications for new maintenance orders or to enforce orders issued by the TMP should still be made at the Family Court.
I am not conversant in English. Can the agency still help me with the application?
The agency may be able to assist you to file the complaint in Chinese or Malay, if the agency staff is able to speak in these languages. However, if that is not possible, you are encouraged to file your complaint at the Family Court, as there are interpreters there to assist you. It is advisable that you call the agency in advance to ask if they are able to provide the service in your preferred language.
Why is the service not available at night?
The complainant is required to present himself/herself before the Magistrate when filing a complaint. As such, the operating hours of the agencies will have to correspond with the Family Court’s opening hours, when Magistrates are present. Filing of complaints at night is currently also not available at the Family Court.
Can the agency assist me in dealing with other issues, e.g. employment, counselling, financial assistance?
A: You may approach the agency if you require assistance in related issues such as family and financial counselling, employment, children’s education etc. The agency may be able to assist you in those areas.
Can the agency provide me with legal advice?
No, the agency staff are not legal officers and will not be able to provide legal advice. However, they may help to link you with the Legal Aid Bureau or free legal clinics run by volunteer lawyers if you meet the respective eligibility criteria.
Only two agencies have been appointed by MCYS. Will MCYS appoint more agencies in the future?
MCYS will monitor the demand for this service before deciding if more agencies will be appointed.
Are the agency staff qualified to offer assistance in court procedures?
Staff from both agencies have been trained by Court officials on how to assist complainants in filing a complaint to enforce maintenance orders. The staff are also qualified social workers, counselors or social service practitioners who would be able to assist families in their social needs.
What sort of social assistance can the two agencies offer?
Services provided by SCWO includes financial and personal counselling, legal advice and representation. Tampines FSC’s services include referral services, counselling and programmes for families. Please contact the agencies directly for the services offered.
DIVORCE-RELATED MEASURES
MANDATORY MARRIAGE PREPARATION PROGRAMMES
Why is marriage preparation programmes necessary? Are there any exemptions?
Marriage Preparation Programmes (MPP) assist to-be married couples to lay the foundation for their marriage, gain insights into individual strengths and weaknesses, and learn practical skills that will help to build a strong marriage (e.g. communication, conflict resolution, in-laws). As minor couples are relatively less mature and experienced, the MPP would be all the more needed to help minor couples better prepare for the challenges in married life.
Couples who are unable to fulfil the requirement due to valid reasons, such as health considerations, should seek exemption from the Registrar of Marriages. The request can be sent to: mcys_rom@mcys.gov.sg.
Where can couples go to register for the mandatory marriage preparation programmes?
For couples where one party is aged below 18 years, MCYS will assign them a marriage preparation programme. For couples where both parties are aged 18 years and above but below 21 years, they can attend any marriage preparation programmes conducted by religious or secular bodies. However, if the programme attended is not accepted by the Registrar of Marriages to be able to prepare the couple for their marriage, the couple may be required to retake another programme before proceeding with their marriage.
Couples will be subsidised at up to $350 if they choose to attend programmes at any of MCYS-supported service providers. The list service providers offering these programmes can be found at the ROM website from 1 Sep 11 at: http://app.rom.gov.sg/internet/resources/rom_marrProgram.asp.
Couples who choose to attend marriage preparation programmes conducted by other providers, such as religious or commercial organizations, will need to bear the costs of the programme on their own.
A certificate of attendance is required to be produced on the day when couples go to the Registry of Marriages (ROM) for verification of documents. The programme organiser can download the certificate of attendance from the website of the ROM (www.rom.gov.sg) from 1 Sep 11, certify it and issue to minor couples who have completed their programmes. Alternatively, couples can download the certificate of attendance and have them certified by the programme organisers after their course.
How will affected couples know that they are required to attend marriage preparation programme (MPP)? If they do not attend a MPP, will it delay their marriage?
Affected couples will be prompted by the system when they e-file their notice of marriage, that they are required to attend a MPP. Couples who do not comply with the requirement will not be able to proceed with their marriage application.
What is the expected time needed for signing up and completing a marriage preparation programme?
The details of the marriage preparation programmes vary from one service provider to another. Couples should check directly with the service provider of their choice on the expected time taken for signing up and completing programmes.
Will couples be able to register easily for a marriage preparation programme? Will the marriage be delayed by attendance of a marriage preparation programme?
Couples must complete a marriage preparation programme before they e-file their application for marriage. The MCYS-supported service providers have sufficient capacity to offer such programmes to affected couples. These programmes will be subsidised at up to $350 per couple. In addition, couples could also choose to attend, at their own cost, programmes run by religious or commercials organisations. Couples should plan and register with service providers in advance in order to complete their MPP in a timely manner to avoid delays to their marriage.
Do couples have to pay for the mandatory marriage preparation programmes (MPP)?
Couples who attend secular-based marriage preparation programmes supported by MCYS (http://app.rom.gov.sg/internet/resources/rom_marrProgram.asp.) will receive a subsidy of up to $350 from MCYS. If the cost of the MPP is lower than $350, couples will not be required to make any upfront payment. The service provider will seek reimbursement directly from MCYS for the programme cost after the couples have completed the entire programme. If couples choose to attend a marriage preparation programme that exceeds the government subsidy of up to $350 per couple, they will be expected to top up the additional programme cost. Couples who attend programmes conducted by other organizations, such as religious bodies or commercial service providers, will have to pay the full cost of the programme themselves.
Why is the subsidy for a marriage preparation programmes (MPP) capped at $350 per couple?
The cost of most MPPs offered by the MCYS-supported agencies currently ranges between $250 and $350. A subsidy of up to $350 per couple is therefore sufficient to cover the average cost of MPPs provided by MCYS- supported agencies.
Why are couples subsidised for the marriage preparation programmes (MPP) by only MCYS-supported service providers?
These service providers are already funded by MCYS for their marriage preparation programmes for all to-be-wed couples. The trainers and content offered by these providers meet MCYS requirements and guidelines for funding. The enhanced funding for programmes for minor couples is an extension of this. MCYS is prepared to fund other non-profit organisations who conduct the MPP for minor couples, provided their programmes and trainers also meet MCYS’s guidelines. Agencies who wish to apply to be supported by MCYS can write in to mcys_mpp1@mcys.gov.sg.
Does MCYS prescribe the content and quality of marriage preparation programmes (MPP)? How does MCYS ensure minimum quality of MPP?
Service providers supported by MCYS to provide MPP in the community must meet certain requirements in terms of the trainers and content. MCYS closely monitors the quality of MPP conducted by supported service providers through feedback from participants and regular audits. For other providers (e.g. religious or commercial organizations), it will be in their interest to provide programmes that are of sufficient standards. MCYS will not vet the programmes offered by these organizations. However, the Registrar of Marriage reserves the right to reject programmes that are clearly not sufficient or relevant to prepare couples for marriage, should this be surfaced.
What do minor couples need to do after they have attended marriage preparation?
Upon completion of the programme, couples must obtain a certification of completion before e-filing their application for marriage. The certificate is a standard one and is available at the website of the Registry of Marriages (ROM) (www.rom.gov.sg). The programme organiser can download the certificate of attendance and issue to minor couples who have completed their programmes. Alternatively, couples can download the certificate of attendance and have them certified by the programme organisers after their course.
The couple can then declare during e-filing that they have attended a marriage preparation programme and provide details such as the name of the programme. This information will be stated in the Statutory Declaration (SD) form. On the day of verification of documents and statutory declaration, the couple must check and declare before the Commissioner for Oaths at the Registry of Marriages (ROM) that all particulars submitted to ROM, as stated on the SD, are correct. The certificate of attendance will be among the documents to be verified.
Organisations that provide marriage preparation programmes (MPP) usually already issue their own certificates to participants. Can these certificates be used by minor couples to verify their attendance?
For verification of documents at the Registry of Marriages (ROM), couples need to produce the standard certificate of attendance which can be downloaded by couples or service providers from the ROM website. The MPP service providers may continue to issue their existing certificate for the program, if any. However, in addition, they will also have to endorse the standard certificate of attendance for ROM verification purpose, to avoid delays in processing the marriage applications.
What are the penaltIes for false declaration of Statutory Declaration?
It is an offence under Section 14 of the Oaths and Declarations Act to make a false declaration. Persons guilty of the offence can be punished with imprisonment for up to 3 years and a fine.
POST-FILING COUNSELLING/MEDIATION FOR DIVORCING COUPLES
Why must couples with children, who have filed for divorce, go for counselling and mediation?
Parents generally want the best for their children. However, in the heat of a divorce battle, they may unwittingly take positions or make arrangements that are not beneficial for their childrenThe purpose of counselling and mediation at an early stage in divorce is to help couples better understand the effects of divorce and assist them towards amicable solutions that promote the best interests of their children. With the help of a family counsellor and judge-mediator, couples could work together in their new parental roles to make better choices for the long-term interest and welfare of their children.
This would lessen the likelihood of a full blown court battle with adverse effects on the children.
Who will conduct the counselling and mediation?
Counselling and mediation will be carried out by family counsellors and judge-mediators at the Child Focused Resolution Centre. They are professional staff with extensive expertise and experience in parenting and child welfare matters.
Where will the counselling/mediation sessions be held?
The Child Focused Resolution Centre (CFRC) will carry out the counselling and mediation. The CFRC is at Central Mall, 1 Magazine Road, #04-10/13. Operating hours are Mondays to Thursday, 8.30am to 6pm, and Fridays 8.30am to 5.30pm.
Who is required to come for the counselling and mediation? Do the children have to come?
In this first phase of the programme, counselling and mediation will be provided for couples, who have at least one child below the age of 8 years at the time of filing for divorce. This service will be progressively extended to include couples with dependent children in older age groups. The first phase of this programme will apply to couples, where the writ for divorce is filed on or after 26 September 2011.
Each case is different. In some cases, only the parents need to come for the counselling, or the mediation, or both. In other cases, the children may also have to come for the counselling. If the parents are represented, their lawyers will be invited to attend the mediation.
How will parties know if they are required to attend the counselling and mediation and when? At which stage of the divorce process will they have to come?
If the parties are required to attend the counselling and mediation, the court will schedule the date and time and inform parties. As all cases are different, the stage at which the parties may be required to attend will depend on the facts of each case.
What if a one side does not or refuses to attend the counselling/mediation session?
If any person does not or refuses to attend the counselling or mediation as ordered by the court, the court, may depending on the facts of each case, make appropriate orders. The court may, for example, order the divorce proceedings to be held in abeyance temporarily or require the person to pay costs.
Are there any charges for the counselling and mediation sessions?
The CFRC counselling and mediation sessions are provided free of charge.
Will there be reconciliation counselling should one person wish to save the marriage?
If both husband and wife wish to save the marriage and request reconciliation counselling, the court may refer them to an external organisation for reconciliation counselling.
TRANSFER OF MATRIMONIAL ASSETS TO CHILD DEVELOPMENT ACCOUNT (CDA)
What is a CDA?
The CDA is a special savings account for children aged 0-6 years old. All Singaporean children born from 1 Jan 2005 onward will be eligible to open a CDA.
What is the purpose and effect of allowing the Court to transfer matrimonial assets into a child’s CDA?
With effect from 9 March 2011, Clause 16 of the Women’s Charter (Amendment) Act empowers the Courts to make orders in divorce proceedings for matrimonial assets to be transferred into the Child Development Account (CDA) of the affected children.
This is to allow an additional avenue to safeguard the interests of the children by allocating a sum of money for their educational and healthcare needs. The Court will decide, based on all relevant circumstances, whether to order any monies from matrimonial assets into a child’s CDA.
How do I open a CDA?
To open a CDA, please call the Baby Bonus hotline or email MCYS to request for an application form to be mailed to you. Either parent or another person can be nominated by the parents to be the trustee to manage the child’s CDA.
For enquiries:
Baby Bonus hotline: 1800 253 7707
(+65) 6253 7707 (Monday - Friday: 8.30am - 5.45pm)
Website: http://www.babybonus.gov.sg
Email: mcys_babybonus@mcys.gov.sg
MCYS will send the trusteE an authorization letter to open a CDA at any branch of either the OCBC Bank or the Standard Chartered Bank. The CDA must be opened before the child’s 6th birthday.
For information on CDA banks:
OCBC Bank: Contact number - 1800 438 3333
Website: http://www.ocbc.com/babybonus
Standard Chartered: Contact number - 1800 747 7000
Website: http://www.standardchartered.com.sg
Who will this measure affect?
This could affect divorcing couples with children below 7 years who have a Child Development Account (CDA). The court will be empowered to make orders in divorce proceedings for matrimonial assets to be transferred into CDA. This will earmark a sum of money for children after a marriage is dissolved. The money transferred can be used according to the approved uses under the CDA, e.g. for childcare and healthcare.
Will monies deposited into the CDA in pursuant of a court order attract Government co-matching?
Monies deposited into the CDA pursuant to a court order will be regarded in the same manner as other deposits by parents, and co-matched or otherwise accordingly, based on whether eligibility criteria are met. Currently, deposits made by parents into the CDAs are co-matched by the Government if a child meets the following criteria in Table 1 below. The Government co-matching will be subject to the caps as stipulated in Table 2:
Table 1: Children eligible for Government Co-matching in CDA
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Child born from 1 Aug 2004 to 16 Aug 2008 (2004 scheme)
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Child born on or after 17 Aug 2008 (2008 scheme)
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a)Singapore citizen (SC) or becomes a SC
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a) Singapore citizen (SC) or becomes a SC
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b)First to fourth child born alive to the mother
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b)Born alive to the mother; and
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c) Child’s mother is lawfully married to the child’s father
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c) Child’s mother is lawfully married to the child’s father
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d) If the child is adopted, the child should be the second to fourth child of the adoptive mother and below 6 years of age at the time of adoption.
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d) If the child is adopted, the child should be below 6 years of age at the time of adoption.
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Table 2: Respective Cap for Government Co-Matching By Birth Orders
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Birth order of child
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2004 Scheme ($ cap matched by Government)
|
2008 Scheme ($ cap matched by Government)
|
|
First
|
0
|
6000
|
|
Second
|
6000
|
6,000
|
|
Third
|
12,000
|
12,000
|
|
Fourth
|
12,000
|
12,000
|
|
Fifth and beyond
|
0
|
18,000
|
What can monies in the CDA be used for?
The money in the CDA may be used on the child or the siblings for:
1. Fees at Approved Institutions (AIs) registered with the Ministry of Community Development, Youth and Sports (MCYS) under the Baby Bonus Scheme:
• Child care centres;
• Kindergartens and special education schools registered with the Ministry of Education (MOE) or the Council for Private Education (CPE);
• Early intervention programmes registered with the National Council of Social Service (NCSS) or the Centre for Enabled Living (CEL); and
• Healthcare institutions licensed under the Private Hospitals and Medical Clinics (PHMC) Act.
2. MediShield or Medisave-approved private integrated plans.
A list of the AIs is available at http://www.babybonus.gov.sg. AIs can be identified by a Certificate of Approval displayed at their premises.
The funds cannot be withdrawn in cash. Withdrawals from the CDA are made via interbank GIRO and NETS at AIs only. All children with CDA will be issued with a NETS card.
When will the CDA be closed and what happens to the monies in the account?
The CDA will be closed in January in the year the child turns 7 years of age.
For children born from 2008 onwards and are eligible for Government matching contributions, the unused balance, in the child's CDA, up to the co-savings cap, will be transferred to his or her Post-Secondary Education Account (PSEA) administered by the Ministry of Education (MOE). Monies in the CDA beyond the co-savings cap will be returned to the trustee. For children who are born from 2008 onwards and are ineligible for matching Government contributions, parents will be able to withdraw all monies which they have deposited into the CDA.
Trustees with children born in 2007 or earlier will be given an option to withdraw all the CDA balance upon closure.
The CDA will also be closed when a child passes away. The unused balance will be transferred to the Insolvency and Public Trustee’s Office for redistribution to the family members according to Section 6 of the Child Development Co-Savings Act.
ANCILLARY ORDERS AFTER FOREIGN DIVORCES
What is the purpose of this new provision?
Under current laws, the Singapore court is not empowered to make fresh orders on ancillary matters – division of matrimonial assets, maintenance of wife and children, and custody of children – for divorce proceedings conducted in a foreign court. Further, ancillary orders made in a foreign court can only be enforced in Singapore to a limited extent.
This presents a practical problem to some groups of divorcees. For example, a Singaporean woman who obtained a divorce from her foreign husband at a foreign court and returned to Singapore could be denied of her financial relief, as the Singapore court could neither enforce any foreign court ancillary orders nor grant new ancillary orders. In other cases, both parties may have severed their ties with the foreign jurisdiction and are now residing and holding assets in Singapore. The Singapore court cannot decide on ancillary matters if parties do not or are unable to return to the foreign court to seek ancillary relief or adjustment of orders.
In this globalised age, there is an increasing number of Singaporeans who marry foreigners and get divorced overseas. Allowing the court to hear ancillary matters from foreign divorces would ensure that parties with a connection with Singapore are able to seek appropriate ancillary relief.