Family law practice

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Questions and Answers

What is the primary consideration for the court when making orders regarding a child's welfare?

Welfare of the child (correct)

Frequency of visits by the non-custodial parent

Financial stability of the parents

Desire of one spouse for reconciliation

What principle must the court consider regarding a child's development during divorce proceedings?

Welfare Principle (correct)

Parental financial contributions

Parental dispute resolution strategies

Length of marriage

Which of the following is NOT a factor the court considers once a 4-year separation has been established?

Overall wellbeing of the child

Financial hardship of either spouse

Unilateral desire for reconciliation

Parties' conduct before the separation (correct)

What must the court determine regarding the petitioner's feelings towards living with the respondent?

Whether it is intolerable for the petitioner to live with the respondent Signup and view all the answers

What is true about the financial hardship of a spouse in the context of divorce proceedings?

It is an insufficient reason to deny a divorce decree Signup and view all the answers

What does the welfare of the child take precedence over in divorce proceedings?

Parental disputes Signup and view all the answers

What aspect must be established to weigh the decision for divorce?

The length of separation and conduct during that time Signup and view all the answers

Which of the following is emphasized by Parliament regarding divorce proceedings?

Dissolution of marriage must be based on objective criteria Signup and view all the answers

In a single-income marriage according to the court's approach, how is the division of assets typically handled?

Specific contributions of each party are evaluated. Signup and view all the answers

What must third-party claims demonstrate to take priority over the claims of spouses?

They must have a stronger legal or equitable interest. Signup and view all the answers

What is the threshold percentage for potential adjustments that courts may consider sympathetically?

10% Signup and view all the answers

How does the court view assets acquired during the marriage?

As matrimonial assets due to the assumption of joint enterprise. Signup and view all the answers

What does the court consider regarding assets purchased during the marriage?

Debts or liabilities incurred for family benefit are considered. Signup and view all the answers

What is the default position for determining the pool of assets in a divorce?

The date of separation. Signup and view all the answers

Which case established that there is no presumption of equal contribution in asset division?

Lim Choon Lai v Chew Kim Heng Signup and view all the answers

What is one non-exhaustive factor that courts consider in dividing assets?

The duration of the marriage. Signup and view all the answers

What conclusion did the cases of Lock Yeng Fun and Lim Choon Lai reach?

They both reached equal division conclusions. Signup and view all the answers

Which methodology is used to evaluate the difference in classifications of matrimonial assets?

Classification methodology. Signup and view all the answers

What is typically established at the ancillary matters hearing?

The valuation of matrimonial assets. Signup and view all the answers

Which case illustrates the date for valuation of matrimonial assets?

BPC v BPB & Anor. Signup and view all the answers

What principle does the court operate under regarding financial windfalls during marriage?

They are treated as part of matrimonial assets unless proven otherwise. Signup and view all the answers

What must one seek if they have sole custody and care of a child and wish to relocate?

Leave to apply to the Court Signup and view all the answers

Under Section 68 of the Women's Charter, what is the primary duty of a parent regarding their children?

To maintain or contribute to the maintenance of their children Signup and view all the answers

What distinguishes a claim for maintenance during marriage from ancillary matters?

Timing of the claim during divorce Signup and view all the answers

What is required under Section 126(3) of the Women's Charter for the removal of a child out of Singapore?

Consent from both parents or Court leave Signup and view all the answers

Which methodology can be applied to rectify a lack of full and frank disclosure?

Adverse inference drawn by the Court Signup and view all the answers

What is a key aspect of Section 69 of the Women's Charter regarding maintenance?

It covers maintenance for spouses and children during marriage Signup and view all the answers

What distinguishes Section 126(4) from Section 126(3) of the Women's Charter?

Section 126(4) allows for removal without consent in specific cases Signup and view all the answers

Which statement accurately reflects the implications of adverse inference?

It allows the Court to assume a party's non-disclosure is detrimental to their position Signup and view all the answers

What is one condition under which the use of force might be considered lawful in relation to family violence?

When correcting a child below 21 years of age Signup and view all the answers

What is the standard of proof according to the Women's Charter under Section 65(1)?

Balance of probabilities Signup and view all the answers

In the context of therapeutic justice, what was noted about clients accepting legal advice?

Clients will accept advice even when in a vulnerable state Signup and view all the answers

Which section of the Women's Charter mandates mediation and counseling in divorce proceedings involving children?

Section 139I Signup and view all the answers

What is discussed in the cases regarding the doctrine of therapeutic justice?

Therapeutic justice as a necessity Signup and view all the answers

What factors does the court consider when assessing a settlement agreement?

Contributions made by each party to the marriage Signup and view all the answers

In determining the just and equitable division of matrimonial assets, the court must account for which of the following?

The welfare contributions toward the family Signup and view all the answers

Which of the following is NOT considered by the court when deciding on the division of matrimonial assets?

The personal preferences of each party regarding asset division Signup and view all the answers

What role do the needs of children play in the court's assessment of asset division?

They are one of the multiple circumstances considered Signup and view all the answers

How does the concept of rent-free occupation impact the court's decision on asset division?

It may weigh in favor of the party enjoying the benefit Signup and view all the answers

Which of the following statements regarding contributions is inaccurate in the context of asset division?

Support given to help a party's career is not considered a contribution. Signup and view all the answers

What is an example of a consideration related to any prior agreements made by the parties?

Formal agreements made regarding asset ownership and division Signup and view all the answers

What must the court reflect on regarding support provided by one party to the other?

Support can include non-material assistance beneficial to the other's business. Signup and view all the answers

Study Notes

Matters to Consider Before Filing for Divorce

Step 1: Explain the rationale for divorce to the client.
Step 2: Assess possibility of mutual agreement (s95A WC).
Step 2: Advise on external assistance for reconciliation.
Mandatory Mediation and Counselling (s1391 WC):
- FDR Conference
- Counselling session / intake & assessment session
- Mediation session (mandatory if children involved)
- Guidelines for successful mediation
- Preparation for mediation
- Mediation counseling family support programs (s139J WC - not covered under Part 10)
- Uncontested divorce procedures (custody, care, control, access, maintenance, asset division prior to mediation, required documents)
Private Mediation: Court may advise parties to attend.
Legal Practitioner's Duty: Inform client of amicable settlement options (Rule 15A LPR), and advantages of mediation.
Mandatory Co-Parenting Programme (MSF): All parents with children under 21 years old are required to attend.

Programme (CPP) before Filing for Divorce

Step 3: Substantive Advice (Pre-writ):
- Section 94A Women's Charter - Parenting Programme
- Also known as Mandatory Co-Parenting Programme (CPP) formerly known as the Mandatory Parenting Programme
Nullity (Void/Voidable Marriages):
- Distinction between void and voidable marriages.
- Void marriage is void ab initio.
- Voidable marriage remains valid until declared void by court.
- Relevant sections: s105 WC (Void marriages), s106 WC (Voidable marriages), s107 WC (Bars to relief).

Divorce (Stage 1)

Jurisdiction: s93 WC (Domicile/habitual residence)
- Parties must be married at least 3 years
- Exceptions for exceptional hardship or depravity.
- Promoting sanctity of marriage by discouraging rash divorce actions.
- Preventing exceptions of exceptional hardship or depravity.

Grounds for Divorce

Single Ground: Irretrievable breakdown of the marriage (s95(2) read with s95A WC).
Factors for Irretrievable Breakdown (s95A WC):
- Adultery (two elements)
- Unreasonable behavior (6-month bar)
- Desertion (>6 months with intent)
- Separation (>2 years + intention)
- Mutual agreement (effective 1 July 2024)

Ancillary Matters

Identifying the Child (s92 WC):
Custody, Care, and Control (s124 WC, s125 WC): Welfare of the child is paramount consideration.
Relevant Principles of the Welfare Principle:
- Wishes of parents
- Wishes of the child
Custody Orders (s126 WC):
- Decisions regarding childcare
- Major healthcare choices

Access (s126(2B)(a), (b) and (c) WC)

Definition of "Access"
Determining the child's right to spend time with both parents and parents' rights to spend time with child.
Determining types of access (supervised, unsupervised, etc.)
Court's consideration of welfare officer advice

Parent Abduction across Borders

Principles and Considerations:
Legal Principles & Considerations: Reference to ICAA and Hague Convention
Relocation: Considerations of child's welfare, relationship with parent, and stability

Division of Matrimonial Assets

Prenuptial Agreements (TQ v TR): Legal status influenced by statute and common law (WC).
Matrimonial Assets: Definition under s112(10) WC.

Trends in Matrimonial Asset Division

Structured Approach: Emphasis on equal division (financial and non-financial).
Long-term or Dual-income Marriages: Courts lean towards equal division.

Maintenance

Duty of Both Parents (s68 WC): Both parents have a duty to maintain the child. (except where an agreement or court order otherwise provides)
Factors in Determining Quantum (s69(4) WC):
- Income, earning capacity, property
- Needs, obligations, responsibilities to be considered.
- Standard of living before breakdown.
- Age, duration of marriage & other relevant factors.
Duty of Non-parent (s70 WC): Voluntary assumed responsibility also has a duty to maintain the child if parents have failed.

Amicable Settlement of Disputes

Provisions (s139A - 139J WC): Mandatory mediation & counselling for divorces involving children below 21.

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Description

This quiz covers essential considerations before filing for divorce, including steps for explaining the rationale, assessing mutual agreements, and exploring reconciliation options. It also highlights the legal duties regarding mediation and co-parenting programs. Prepare yourself with this comprehensive overview of divorce proceedings.