In Singapore, divorce proceedings are broken into two stages. At the first involves the termination of the marriage itself, i.e., the divorce, this involves proving that the marriage has broken down irretrievably by reason one of the six facts provided under Section 95A of the Women’s Charter 1961 (“Women’s Charter”).
At the second stage, parties deal with matters that are ancillary to the divorce such as the division of matrimonial assets, spousal maintenance, child custody, care and control of the child, and access arrangements. These ancillary matters usually are contentious and much of the dispute between parties related to the ancillary matters.
In this article we delve deeper in an Ancillary Matters Hearing and outline five essential things to understand about the Ancillary Matters Hearing.
Purpose and Scope
The primary purpose of the Ancillary Matters Hearing is to settle all ancillary matters arising from the divorce after the divorce is finalised (i.e., after obtaining an Interim Judgement). This includes determining how matrimonial assets (such as properties, savings, investments) should be divided between the parties. Additionally, it addresses issues related to child custody, careand control, access arrangement as well as maintenance payments for spouses and children.
As divorce proceedings are divided into two stages, it is important to bear in mind that in most cases, the reasons for divorce do have a bearing on the outcome of the ancillary matters. This is to help reduce the “blame” of any one party and to use it to another party’s advantage.
Compulsory Attendance
The usual process for dealing with the ancillary matters is to try and resolve the matter amicably through mediation and negotiation. However, if parties are unable to resolve the issue at mediation, the matter will be fixed for hearing.
Once a court date has been fixed for parties to argue their cases, attendance at the Ancillary Matters Hearing is compulsory for both parties involved in the divorce proceedings. This is to afford both parties that opportunityto present their cases, such as tendering the relevant evidence and making arguments regarding the division of assets, spousal maintenance and the child-related matters. The court will consider submissions from both sides before making decisions on the issues presented.
Mediation and Settlement Attempts
Before a hearing for ancillary matters is fixed, parties are often encouraged to attempt mediation to resolve disputes amicably without the need to litigate. Mediation is a voluntary process facilitated by a neutral third party (usually a Judge-Mediator) who assists in facilitating discussions and reaching mutually agreeable solutions. If mediation is successful, the Judge-Mediator may take the agreed terms and enter it as a court order. If the matter is resolved at mediation, the outcome is final, and the Final Judgement may be extracted. s
Court Procedures and Legal Representation
During the Ancillary Matters Hearing, parties are typically represented by their respective divorce lawyers. The court will hear arguments and consider evidence presented by both sides, with each side afford the opportunity to cross-examine the witnesses before making decisions on the ancillary matters. It’s essential for parties to be prepared with all necessary documentation and to follow court procedures to ensure a smooth and efficient process.
Ancillary matters hearing is often contentious and emotionally draining as it involves scrutinising every personal aspect of an individual’s life such as how much money is utilised towards the family and how much money is used personally, how each parent provided care and their treatment of the children, etc.
It is important to consider engaging a divorce lawyer you can trust to handle your representation in these hearings. The issues relating to the ancillary matters are often complicated and requiring a lot of time and resources preparing for such hearings. While the quality of a lawyer’s services is not determined by how cheap or expensive their services are, it is important to consider that a “cheap lawyer” may not necessarily have the expertise, experience or the resources to handle complex and complicated matters.
Judicial Discretion and Final Orders
The court has the discretion to make final orders on ancillary matters based on the evidence presented, legal principles, and the best interests of the parties involved, particularly if the matters involve or relate to any children. Orders issued by the court are legally binding and enforceable, outlining the specific terms and conditions related to division of the matrimonial assets, spousal and children maintenance, and child custody, care and control, and access arrangements.
In the event that either party is dissatisfied with the court order, there is an avenue to appeal against the court’s decision and having the matter argued at a higher court, i.e., the Family Division of the High Court.
Conclusion
Navigating the Ancillary Matters Hearing in Singapore requires careful preparation, legal expertise, and a focus on achieving equitable outcomes for all parties involved. By understanding the purpose, procedures, and significance of an ancillary matters hearing, individuals undergoing divorce proceedings can approach this stage with clarity and confidence. Whether through mediation or contested hearings, the goal remains the same: to resolve ancillary matters in a manner that upholds fairness, protects the interests of children, and provides clarity for the future.
Divorce lawyers play a crucial role in guiding their clients through this process, ensuring that their rights are protected and that the outcomes achieved are just and sustainable for all parties involved. While cost will always be a factor before engaging a divorce lawyer, weigh your options carefully and consider the pros and cons of hiring a “cheap lawyer”.
