Family Justice (General) Rules 2024

No. S 720

Family Justice Act 2014

Family Justice (General) Rules 2024

In exercise of the powers conferred by section 46 of the Family Justice Act 2014 and all other powers enabling us under any written law, we, the Family Justice Rules Committee, make the following Rules:

PART 1

GENERAL

Citation and commencement (P. 1, r. 1)

1.  These Rules are the Family Justice (General) Rules 2024 and come into operation on 15 October 2024.

Revocation, transitional provisions and application (P. 1, r. 2)

2.—(1)  Subject to the following provisions of this Rule, revoke the Family Justice Rules 2014 (G.N. No. S 813/2014) (called the revoked Rules).

(2)  Subject to this Rule, these Rules apply to and in relation to all civil proceedings and all quasi‑criminal proceedings in the Family Division, the Family Courts and the Youth Courts which are commenced on or after 15 October 2024, including appeals arising from those proceedings.

(3)  Despite paragraph (1) and subject to paragraph (4) and any other provision in these Rules, the revoked Rules as in force immediately before 15 October 2024 continue to apply to and in relation to —

(a) any proceedings commenced in the Family Division, a Family Court or a Youth Court before 15 October 2024;

(b) any application for an order for financial relief under section 121B of the Women’s Charter 1961 made on or after 15 October 2024, where the leave of the court under section 121D of that Act to make the application was granted before that date;

(c) any proceedings to which the revoked Rules apply under the Family Justice (Probate and Other Matters) Rules 2024 (G.N. No. S 723/2024); and

(d) any appeal heard by the Family Division arising from any proceedings in a Family Court or Youth Court mentioned in sub‑paragraph (a), (b) or (c).

(4)  These Rules apply to and in relation to —

(a) any application to vary, rescind or set aside any judgment or order made in any civil proceedings under Part 10 of the Women’s Charter 1961 disposing of all claims in those proceedings, where —

(i) the proceedings in which the judgment or order was made commenced before 15 October 2024; and

(ii) the application to vary, rescind or set aside the judgment or order is made on or after 15 October 2024; and

(b) any appeal heard by the Family Division against a decision of a Family Court which was made in relation to an application mentioned in sub‑paragraph (a).

(5)  Unless otherwise provided in these Rules, the following provisions of the Rules of Court 2021 (G.N. No. S 914/2021) apply, with the necessary modifications, to and in relation to all proceedings mentioned in paragraph (2):

Order 29

Order 29A

Order 31

Order 54

Order 69

Order 70.

(6)  Despite any provision in these Rules providing that the revoked Rules are to apply to certain proceedings, the Court may direct that the provisions of Part 1, Rule 12, Part 7, Rule 11 and Part 25, Rule 3(2) are to apply with suitable modifications to those proceedings.

(7)  These Rules (except Part 26) do not apply to —

(a) any criminal proceedings in a Youth Court;

(b) any proceedings under —

(i) the Inheritance (Family Provision) Act 1966;

(ii) the Intestate Succession Act 1967;

(iii) the Legitimacy Act 1934;

(iv) the Probate and Administration Act 1934; or

(v) the Wills Act 1838;

(c) any appeal arising from proceedings in sub‑paragraph (a) or (b); and

(d) any appeal against a decision of the Family Division which is heard in the Court of Appeal or Appellate Division.

(8)  Despite any provision in these Rules, the following provisions of these Rules as in force immediately before the appointed date apply to or in relation to any of the matters specified in paragraph (10):

Part 3, Rule 2 (definitions of “maintenance enforcement proceedings” and “maintenance proceedings”)

Part 3, Rule 7(2), (3)(a) and (6)

Part 3, Rule 15(3)

Part 3, Rule 20

Part 3, Rule 23(1) (definitions of “enforcement order” and “maintenance order”).

[S 996/2024 wef 16/01/2025]

(9)  The following provisions of these Rules do not apply to or in relation to any of the matters specified in paragraph (10):

Part 3, Rule 2 (definitions of “maintenance enforcement application” and “maintenance enforcement officer” or “MEO”)

Part 3, Rule 19(1A)

Part 3, Division 2C.

[S 996/2024 wef 16/01/2025]

(10)  The matters mentioned in paragraphs (8) and (9) are —

(a) any relevant application;

(b) any proceedings arising from any relevant application (including any appeal against any decision of the Court on any relevant application); and

(c) any maintenance order to which section 45(13) of the Family Justice Reform Act 2023 applies.

[S 996/2024 wef 16/01/2025]

(11)  In this paragraph and paragraphs (8) and (10) —

“appointed date” means 16 January 2025;

“maintenance enforcement application” means —

(a) any application for enforcement of the maintenance order under section 71 of the Women’s Charter 1961 as in force immediately before the appointed date; or

(b) any application under section 80 of the Women’s Charter 1961 as in force on or after the appointed date;

“relevant application” means —

(a) any application for —

(i) an order under section 69, 70, 71, 71C(2) or 121G or Part 9 of the Women’s Charter 1961 as in force immediately before the appointed date; or

(ii) a determination under section 87(1) of the Women’s Charter 1961 as in force immediately before the appointed date;

(b) any maintenance enforcement application in respect of a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975 and registered or confirmed by the General Division of the High Court or a Family Court under that Act;

(c) any maintenance enforcement application made before the appointed date in respect of a relevant maintenance order; or

(d) any maintenance enforcement application made on or after the appointed date in respect of any relevant maintenance order other than a relevant maintenance order to which section 45(13) of the Family Justice Reform Act 2023 has ceased to apply;

“relevant maintenance order” means any of the following orders:

(a) an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child, made or deemed to be made by the General Division of the High Court or a Family Court under Part 8 of the Women’s Charter 1961;

(b) an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10 of the Women’s Charter 1961;

(c) an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966;

(d) an order for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934;

(e) an order for maintenance made under the Maintenance of Parents Act 1995.

[S 996/2024 wef 16/01/2025]

General definitions (P. 1, r. 3)

3.—(1)  Unless otherwise provided in these Rules —

“action” means proceedings commenced by an originating application or in accordance with Part 3;

“appellate Court” means the Court to which an appeal is brought or is being brought;

“Appellate Division” means the Appellate Division of the High Court;

“applicant” means a person who commences an action, and includes a party in the position of an applicant in a cross‑application;

“attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court;

“bailiff” includes the Registrar, any clerk or other officer of the Court charged with the duties of a bailiff;

“child” means an individual who is below 21 years of age;

“Civil Procedure Convention” means any of the conventions set out in the First Schedule and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the Court;

“cross-application” has the same meaning as “originating application”;

“entity” means any body of persons, whether incorporated or unincorporated;

“Family Division” means the Family Division of the High Court;

“Judge” means a judge of the Family Division, a judge of a Family Court or a judge of a Youth Court and includes, in cases where he or she is empowered to act, a Registrar, as the case may require;

“lower Court” means the Court against which judgment or order an appeal is brought or being brought;

“non-court day” means a Saturday, Sunday or public holiday;

“non-party” means any person who is not a party in the action and includes a person who participates in the action because of a statutory duty or because he or she may be affected by the Court’s decision in the action;

“Objectives” means the Objectives set out in Part 1, Rule 4(2);

“officer” means an officer of the Family Justice Courts;

“originating application” means an originating process by which an action is commenced in Court as described in Part 5, Rule 1(1);

“originating application without notice” means an originating process by which an action is commenced in Court as described in Part 5, Rule 2(1) which does not need to be served on anyone;

“practice directions” means practice directions issued from time to time under Part 26, Rule 2 by the Registrar;

“Registry” means the Registry of the Family Justice Courts;

“respondent” means a person who responds to an action, and includes a party in the position of a respondent in a cross‑application;

“Rules” means the Family Justice (General) Rules 2024;

“sign” and “seal” by a Judge, the Registrar or other officer of the Family Justice Courts include signing and sealing by electronic or other means;

“solicitor” has the meaning given by section 2(1) of the Legal Profession Act 1966 and includes the firm that the solicitor is in, and also includes the Attorney‑General, a Deputy Attorney‑General and a Solicitor‑General, where he or she is a party to or appears in any proceedings;

“summons” —

(a) means an application to Court in an action (other than an action commenced in accordance with Part 3) or an appeal which has to be served on other parties or non‑parties or both; and

(b) includes an application filed in relation to any proceedings to which Part 3 applies pursuant to Part 3, Rule 12;

“summons without notice” means an application to Court in an action (other than an action commenced in accordance with Part 3) or an appeal which does not need to be served on anyone;

“working day” means any day other than a non‑court day.

(2)  In these Rules, “Court” means —

(a) the Family Division or a judge of the Family Division, whether sitting in court or in chambers;

(b) a Family Court or a judge of a Family Court, whether sitting in court or in chambers;

(c) a Youth Court or a judge of a Youth Court, whether sitting in court or in chambers; or

(d) in cases where he or she is empowered to act — the Registrar.

(3)  Paragraph (2) does not affect any provision of these Rules which defines and regulates the authority and jurisdiction of the Registrar.

(4)  The Forms to be used for the purposes of these Rules are those set out in the practice directions, and any reference in these Rules to a numbered form (where such number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is set out in the practice directions.

Objectives (P. 1, r. 4)

4.—(1)  These Rules are to be given a purposive interpretation.

(2)  These Rules seek to enable the Court to achieve the following Objectives:

(a) fair access to justice;

(b) expeditious proceedings;

(c) cost-effective resolution of cases in a manner proportionate to —

(i) the nature, complexity and importance of the issues; and

(ii) if applicable, the value of the claims,

in the case before the Court;

(d) where a child is a party to or a subject of the proceedings, placing the child’s welfare as the paramount consideration;

(e) fair and practical results for parties;

(f) efficient use of court resources.

(3)  The Court must seek to give effect to the Objectives in interpreting these Rules, exercising any power under these Rules and in all its orders or directions.

(4)  All parties have the duty to assist the Court and to conduct their cases in a manner which will help to achieve the Objectives.

General powers of Court (P. 1, r. 5)

5.—(1)  Subject to any other written law, all requirements in these Rules are subject to the Court’s discretion to order otherwise in the interests of justice, even if they are expressed using imperative words such as “must”, “is to” or “shall”.

(2)  Where there is no express provision in these Rules or any other written law on any matter, the Court may do whatever it considers necessary on the facts of the case before it to ensure that justice is done or to prevent an abuse of the process of the Court, so long as it is not prohibited by law and is consistent with the Objectives.

(3)  In exercising any power, the Court may impose any condition or give such directions that are appropriate.

(4)  Unless otherwise provided in these Rules, the Court may exercise the powers under these Rules either on its own initiative or upon application.

(5)  Subject to these Rules, the Court’s power to make an order under these Rules includes the power to vary the order.

(6)  Where there is non-compliance with these Rules, any other written law, the Court’s orders or directions or any practice directions, the Court may exercise all or any of the following powers:

(a) subject to paragraph (7), waive the non‑compliance;

(b) disallow or reject the filing or use of any document;

(c) refuse to hear any matter or dismiss it without a hearing;

(d) dismiss, stay or set aside the whole or any part of any proceedings and give the appropriate judgment or order, or amend any document in any proceedings, even though the non‑compliance could be compensated by costs, if the non‑compliance is inconsistent with any of the Objectives in a material way;

(e) impose a late filing fee of $50 for each day that a document remains unfiled after the expiry of the period within which the document is required to be filed, excluding non‑court days;

(f) make costs orders or any other orders that are appropriate.

(7)  Where the non-compliance is in respect of any written law other than these Rules, the Court may waive the non-compliance only if the written law allows such waiver.

(8)  The powers of the Court under this Rule do not affect any other powers of the Court under any written law.

(9)  The Court may give directions by letter or by electronic or other means.

(10)  The Court may, on its own accord or upon application, if it is in the interests of justice, revoke any judgment or order obtained or set aside anything which was done —

(a) without notice to, or in the absence of, the party affected;

(b) without complying with these Rules or any order of Court;

(c) contrary to any written law; or

(d) by fraud or misrepresentation.

(11)  An application under paragraph (10) must be taken out —

(a) where the party affected is a person under disability as defined in Part 6, Rule 7 and there is no litigation representative acting for that person at the material time — within 14 days after the date the litigation representative is appointed; or

(b) in any other case — within 14 days after the time the party affected knows or should have known that any of the grounds in paragraph (10) exists.

Calculation of time (P. 1, r. 6)

6.—(1)  The Interpretation Act 1965 does not apply to the calculation of time in these Rules.

(2)  The word “month” means a calendar month unless the context otherwise requires.

(3)  Where an act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

(4)  Where an act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

(5)  Where an act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

(6)  If the period in question is 6 days or less, any day that is a non‑court day is to be excluded in the calculation of time.

(7)  Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act expires on a non‑court day, the act is in time if done on the next working day.

Extension or shortening of time (P. 1, r. 7)

7.—(1)  The Court may extend or shorten the period within which a person is required by these Rules or by any judgment, order or direction, to do any act in any proceedings.

(2)  Unless these Rules otherwise provide, the Court may extend the period mentioned in paragraph (1) whether the application for extension is made before or after the expiration of that period.

(3)  Unless these Rules otherwise provide, the period within which a person is required by these Rules, or by any order, to serve, file or amend any document may be extended once by consent in writing for a maximum period of 7 days without an order of the Court being made for that purpose.

Inspection of court documents (P. 1, r. 8)

8.—(1)  Unless otherwise provided in these Rules, where proceedings are heard in private pursuant to any written law —

(a) any document filed in the proceedings is not available for public inspection; and

(b) a person who is not a party to the proceedings may not take copies of any document filed in the proceedings.

[S 996/2024 wef 16/01/2025]

(2)  Despite paragraph (1), if an application has been referred to a maintenance enforcement officer under section 84(1) of the Women’s Charter 1961, the Court may allow a maintenance enforcement officer to be provided with a copy of any document filed or any order of the Court made —

(a) in the proceedings arising from the referred application, including any appeal against any decision made by the Court on the referred application;

(b) in any proceedings relating to any order sought to be enforced in the referred application; or

(c) in the proceedings arising from an application under section 139M(1) of the Women’s Charter 1961 made by the applicant in the referred application, if a maintenance enforcement officer had prepared an interim report that was —

(i) relied on in the application under section 139M(1) of the Women’s Charter 1961; or

(ii) directed to be submitted to the Court in relation to the application mentioned in sub-paragraph (i).

[S 996/2024 wef 16/01/2025]

Judgment in proceedings heard in private (P. 1, r. 9)

9.—(1)  Where proceedings are heard in private pursuant to any written law, any judgment pronounced or delivered in the proceedings is not available for public inspection.

(2)  Despite paragraph (1), the Court may, on such terms that it thinks fit, do either or both of the following:

(a) allow a person who is not a party to the proceedings to inspect or to be provided with a copy of the judgment;

(b) allow reports of the judgment (after the removal from the judgment of all information which may disclose or lead to the disclosure of the identity of any party to the proceedings) to be published.

(3)  The Court may redact any judgment in the interests of justice before a person inspects or takes a copy of the judgment under paragraph (2)(a).

Forms (P. 1, r. 10)

10.—(1)  The Forms as set out in the practice directions must be used with such variations as the circumstances require.

(2)  The Forms may be varied by practice directions issued with the approval of the Presiding Judge of the Family Justice Courts.

(3)  Where a Form states “Seal of the Court”, a document in that Form must bear the seal of the Court.

Language of documents (P. 1, r. 11)

11.—(1)  All documents filed or used in Court must be in the English language.

(2)  Except as specified in the practice directions or as the Registrar may otherwise allow, a document which is not in the English language must be accompanied by a translation in the English language certified by a court interpreter or verified by an affidavit of a person qualified to translate the document.

Use of foreign documents under Apostille Convention or Civil Procedure Convention (P. 1, r. 12)

12.—(1)  Despite anything in these Rules, the following documents may be received, filed or used in Court:

(a) a foreign public document with an apostille placed on or attached to it;

(b) a document or a translation of the document that has been drawn up or certified, and duly sealed, by a court or other competent authority of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for the dispensation of the authentication of such documents.

(2)  In this Rule —

“apostille” means a Convention certificate as defined by section 10 of the Apostille Act 2020;

“foreign public document” has the meaning given by section 6 of the Apostille Act 2020.

Methods of hearing (P. 1, r. 13)

13.  Subject to any written law, the Court may conduct a case conference or any other hearing by using electronic, mechanical or any other means.

PART 2

PROCEEDINGS UNDER PART 10 OF WOMEN’S CHARTER 1961

Definitions of this Part (P. 2, r. 1)

1.  In this Part —

“Act” means the Women’s Charter 1961;

“claim for ancillary relief” means any of the following:

(a) an application for an order under Chapter 4 or 5 of Part 10 of the Act, except for an application for an order under section 126B of the Act;

[S 902/2024 wef 02/01/2025]

(b) an application under section 121B of the Act for an order for financial relief under Chapter 4A of Part 10 of the Act;

(c) an application for the disposition or division of property on divorce pursuant to section 17A(2)(c) of the Supreme Court of Judicature Act 1969;

“Court” means a Family Court;

“cross-application”, in relation to a matrimonial application, means an originating application for divorce, judicial separation or nullity of marriage filed by the respondent to the matrimonial application as described in Rule 5(2);

“excluded party” and “prescribed party” have the meanings given by section 94A(14) of the Act;

“matrimonial application” of an applicant means an originating application for divorce, judicial separation or nullity of marriage filed by the applicant as described in Rule 2(1).

Matrimonial applications (P. 2, r. 2)

2.—(1)  A matrimonial application must be commenced as an originating application in Form 2, and must be accompanied by all documents specified in that Form.

(2)  The matrimonial application must set out all of the following:

(a) in the case of an application for divorce or judicial separation —

(i) the fact or facts that the applicant relies upon; and

(ii) brief particulars (but not any evidence) by which the fact or facts are to be proved;

(b) in the case of an application for nullity of marriage —

(i) the ground or grounds on which the marriage is alleged to be void or voidable; and

(ii) brief particulars (but not any evidence) in support of the ground or grounds;

(c) any documents or information specified in any practice directions relating to the matrimonial application.

(3)  A matrimonial application for divorce must additionally be accompanied by one of the following documents:

(a) where the applicant is a prescribed party — a certificate issued by a person appointed under section 94A(9)(b) of the Act to conduct a parenting programme that the applicant has completed the parenting programme;

(b) where the applicant is an excluded party — a note issued under rule 5(1)(b) of the Women’s Charter (Parenting Programme) Rules 2016 (G.N. No. S 565/2016) stating that the applicant is an excluded party;

(c) a summons without notice filed pursuant to section 94A(4) of the Act;

(d) the Court’s approval under section 94A(4) of the Act.

Co-respondent and person named in matrimonial application (P. 2, r. 3)

3.—(1)  Subject to paragraph (2), if an applicant alleges in a matrimonial application that the respondent has committed adultery, the person with whom the adultery is alleged to have been committed (P) must be made a co‑respondent unless —

(a) the applicant states in the matrimonial application that he or she does not know P’s identity; or

(b) the Court otherwise orders.

(2)  Despite paragraph (1), where the matrimonial application alleges that the respondent has been guilty of rape of a person named, that person must not be made a co-respondent unless the Court so directs.

(3)  Unless the Court otherwise directs, the applicant must serve the matrimonial application on —

(a) P, if P’s identity is known to the applicant and P is not made a co‑respondent; and

(b) any person named with whom the applicant alleges in the matrimonial application that the respondent has been guilty of an improper association (other than adultery).

(4)  A person who has been served with the matrimonial application under paragraph (3) and who wishes to be heard in the proceedings must file a notice to contest.

(5)  Where a person mentioned in paragraph (4) files a notice to contest —

(a) the person is made a co‑respondent to the proceedings with effect from the date the notice to contest is filed; and

(b) Part 6, Rule 6(2) does not apply to the person.

(6)  The applicant may apply for an order to be made under paragraph (1)(b) —

(a) if the application is made before the matrimonial application is served on the respondent — by filing a summons without notice; or

(b) in any other case — by filing a summons.

(7)  The following Rules apply to a co‑respondent or a person named mentioned in paragraph (3)(b) in the same way as a respondent:

(a) Rule 4, except paragraph (1)(b) to (e);

(b) Rule 5(1) and (4);

(c) Rule 7.

(8)  Costs arising from an interim judgment or a final judgment must not be awarded against a co‑respondent who has not filed a reply unless the Court has first given the co-respondent the opportunity to make submissions on the matter.

(9)  Paragraphs (1) and (3) do not apply if P or the person named mentioned in paragraph (3)(b) had died before the filing of the matrimonial application.

Notice to contest (P. 2, r. 4)

4.—(1)  Despite Part 5, Rule 12 and subject to paragraph (2), a respondent who wishes to do one or more of the following must file and serve a notice to contest in Form 4 within 14 days after being served with the matrimonial application:

(a) object to the matrimonial application or the facts or grounds the applicant relies upon or cites for the matrimonial application;

(b) object to the applicant’s claim for ancillary relief in the matrimonial application;

(c) make a claim for ancillary relief against the applicant;

(d) file a cross-application under Rule 5;

(e) challenge the jurisdiction of the Court.

(2)  Paragraph (1) does not apply to a respondent who objects only to the applicant’s claim for costs.

(3)  The respondent must, in the notice to contest —

(a) state whether the respondent consents or objects to the matrimonial application or the facts or grounds that the applicant relies upon or cites for the matrimonial application, as the case may be;

(b) specify any matter relating to any claim for ancillary relief or costs on which the respondent wishes to be heard; and

(c) provide a valid Singapore address or email address for the purpose of service of documents in relation to the matrimonial application on the respondent.

(4)  Part 15, Rule 35 does not apply to a consent in a notice to contest.

(5)  If the respondent does not file the notice to contest within the time specified in paragraph (1), the time specified in Rule 5(1) or (2) (as the case may be) is deemed to have expired even though the period specified under that Rule has not elapsed.

Reply and cross-application for divorce, judicial separation or nullity of marriage (P. 2, r. 5)

5.—(1)  Subject to paragraph (3), a respondent who wishes to contest any allegation made in a matrimonial application must file and serve on the applicant and any co‑respondent or person named mentioned in Rule 3(3)(b) a reply within 28 days after being served with the matrimonial application.

(2)  Subject to paragraph (3), a respondent who, in addition to contesting any allegation made in a matrimonial application, wishes to apply for divorce, judicial separation or nullity of marriage must file and serve on the applicant a cross‑application within 28 days after being served with the matrimonial application.

(3)  Paragraphs (1) and (2) do not apply to a respondent who objects only to any claim for ancillary relief in the matrimonial application or the applicant’s claim for costs.

(4)  The respondent’s reply must state brief particulars in support of the respondent’s objections to the matrimonial application, but must exclude any evidence that the respondent intends to rely on.

(5)  All Rules that apply to a matrimonial application apply to a cross-application except Rule 4.

(6)  Personal service of the cross‑application on the applicant is not required.

Medical examination (P. 2, r. 6)

6.—(1)  This Rule applies in relation to a matrimonial application for nullity of marriage on the grounds set out in section 106(a) or (b) of the Act.

(2)  Subject to paragraph (3), where the Court considers it appropriate or necessary, the Court may —

(a) order either party or both parties to be examined by one or 2 medical inspectors; and

(b) give any direction or order in relation to the medical examination mentioned in sub‑paragraph (a) that may be necessary.

(3)  The Court may make an order under paragraph (2)(a), and give any direction or order under paragraph (2)(b), only after either of the following has occurred:

(a) the reply to the matrimonial application has been filed;

(b) the time specified in these Rules for filing a notice to contest or reply to the matrimonial application has passed, and a notice to contest or reply has not been filed.

(4)  A medical inspector appointed under paragraph (2)(a) must report the result of the examination conducted by the medical inspector to the Court.

(5)  Every report made by a medical inspector appointed under paragraph (2)(a) must be filed, and either party may obtain a copy of the report upon paying the prescribed fee.

Request for trial or hearing dates (P. 2, r. 7)

7.—(1)  An applicant must file a request for a trial or hearing date —

(a) unless sub-paragraph (b) or (c) applies, within 14 days after the expiry of —

(i) the time for filing a notice to contest, if a notice to contest has not been filed within that time; or

(ii) the time for filing a reply, if a reply has not been filed within that time;

(b) in any simplified proceedings for divorce and judicial separation — at the time when the applicant files the matrimonial application for those proceedings; or

(c) at any other time that the Court may direct.

(2)  If the applicant fails to file the request for a trial or hearing date within the time specified in paragraph (1), any respondent may file the request in Form 6 and serve the request on all other parties.

(3)  Unless paragraph (4) applies, a request for a trial or hearing date must be in Form 6.

(4)  Where a request for a trial or hearing date relates to any simplified proceedings for divorce and judicial separation, the request must be in Form 2.

(5)  In this Rule and subject to paragraph (6), “applicant” does not include a respondent who files a cross‑application.

(6)  Where an action proceeds only in respect of a cross‑application, a reference to the applicant in paragraphs (1) and (2) is to be read as a reference to the respondent who filed the cross‑application.

Simplified proceedings for divorce and judicial separation (P. 2, r. 8)

8.—(1)  Despite any other provision of this Part, the applicant of a matrimonial application for divorce or judicial separation may apply for the proceedings for divorce or judicial separation (as the case may be) to be placed on a simplified hearing track in accordance with this Rule if the applicant and respondent agree, before the matrimonial application is filed, that the proceedings are to proceed on an uncontested basis.

(2)  The applicant must file the matrimonial application for divorce or judicial separation (as the case may be) in accordance with Rule 2.

(3)  The matrimonial application must be accompanied by the following:

(a) the applicant’s affidavit of evidence‑in‑chief verifying the contents of the matrimonial application;

(b) the respondent’s consent in Form 2 to the following:

(i) the matrimonial application;

(ii) the applicant’s claims for ancillary relief, if the applicant and respondent have agreed on all the claims;

(iii) the manner in which the matrimonial application will be served on the respondent;

(c) if a co-respondent is named in the matrimonial application — the co‑respondent’s consent to the following:

(i) the matrimonial application;

(ii) the manner in which the matrimonial application will be served on the co‑respondent;

(d) if the applicant is a prescribed party — one of the following documents:

(i) a certificate issued by a person appointed under section 94A(9)(b) of the Act to conduct a parenting programme that the applicant has completed a parenting programme;

(ii) a note issued under rule 5(1)(b) of the Women’s Charter (Parenting Programme) Rules 2016 stating that the applicant is an excluded party;

(iii) a summons without notice filed pursuant to section 94A(4) of the Act;

(iv) the Court’s approval under section 94A(4) of the Act;

(e) if the respondent is a prescribed party — one of the following documents:

(i) a certificate issued by a person appointed under section 94A(9)(b) of the Act to conduct a parenting programme that the respondent has completed a parenting programme;

(ii) a note issued under rule 5(1)(b) of the Women’s Charter (Parenting Programme) Rules 2016 stating that the respondent is an excluded party;

(iii) the Court’s approval under section 94A(4) of the Act.

(4)  If the applicant and respondent have agreed on some but not all of the applicant’s claims for ancillary relief, the applicant must, within 3 days after the date the applicant files the matrimonial application in accordance with paragraph (2), additionally file a draft ancillary reliefs order stating the following:

(a) the claims agreed on by the applicant and respondent;

(b) the terms of the agreement in respect of each claim mentioned in sub‑paragraph (a).

(5)  Where the respondent intends to file a cross‑application —

(a) subject to paragraph (6), the respondent must file the cross‑application in accordance with Rule 2 within 3 days after the date the applicant files the matrimonial application in accordance with paragraph (2); and

(b) the cross-application must be accompanied by the following documents:

(i) the applicant’s consent to the cross‑application;

(ii) the respondent’s affidavit of evidence‑in‑chief verifying the contents of the cross‑application.

(6)  Where a matrimonial application for divorce is accompanied by a summons without notice filed pursuant to section 94A(4) of the Act, the respondent must not file the cross‑application until the Court has determined the application made under that provision.

(7)  Rule 4 does not apply to the respondent where —

(a) the applicant and respondent have not agreed on all claims for ancillary relief in the matrimonial application or cross‑application, as the case may be; or

(b) the respondent wishes to file a cross‑application.

(8)  The Court may place the matter on the simplified hearing track where —

(a) the Court is satisfied that the documents mentioned in paragraphs (2) and (3) (and paragraph (4), if applicable) have been filed and are in order;

(b) subject to paragraph (9), the applicant’s affidavit of service in respect of the matrimonial application is filed within 14 days after the filing of the matrimonial application; and

(c) where the respondent has filed a cross‑application —

(i) the Court is satisfied that the documents mentioned in paragraph (5) have been filed and are in order; and

(ii) subject to paragraph (10), the respondent’s affidavit of service in respect of the cross‑application is filed within 14 days after the filing of the cross‑application.

(9)  Where —

(a) the applicant’s matrimonial application for divorce is accompanied by a summons without notice filed pursuant to section 94A(4) of the Act; and

(b) the Court, upon hearing that summons without notice, allows the applicant to file the matrimonial application for divorce,

the applicant’s affidavit of service in respect of the matrimonial application for divorce must be filed within 14 days after the date of the Court’s decision mentioned in sub‑paragraph (b).

(10)  Where —

(a) the respondent’s cross-application for divorce is accompanied by a summons without notice filed pursuant to section 94A(4) of the Act; and

(b) the Court, upon hearing that summons without notice, allows the respondent to file the cross‑application for divorce,

the respondent’s affidavit of service in respect of the cross‑application must be filed within 14 days after the date of the Court’s decision mentioned in sub‑paragraph (b).

(11)  Where the Court places the matter on the simplified hearing track, the Court is to hear the matter —

(a) not earlier than 5 days after the date of filing of the applicant’s affidavit of service in respect of the matrimonial application, unless sub‑paragraph (b) applies; or

(b) where the respondent has filed a cross‑application — not earlier than 5 days after the later of the following:

(i) the date of filing of the applicant’s affidavit of service in respect of the matrimonial application;

(ii) the date of filing of the respondent’s affidavit of service in respect of the cross‑application.

Objection to interim judgment being made final (P. 2, r. 9)

9.—(1)  If any person (P) (including the Attorney‑General) wishes to object to an interim judgment being made final, P must file a summons in Form 67 supported by an affidavit stating the grounds for P’s objections and the facts upon which P relies.

(2)  Unless the Court otherwise directs, the summons and supporting affidavit mentioned in paragraph (1) must be served on the party in whose favour the interim judgment has been granted.

(3)  Where the summons and supporting affidavit mentioned in paragraph (1) alleges an applicant’s adultery with any person named, P must, unless the Court otherwise directs, additionally serve on the person named a copy of those documents containing only the allegations against the person named.

(4)  The party in whose favour the interim judgment has been granted mentioned in paragraph (2), or the person named mentioned in paragraph (3) —

(a) may file a reply affidavit within 14 days after being served with the summons and supporting affidavit; and

(b) must serve the reply affidavit on P.

Final judgment (P. 2, r. 10)

10.—(1)  The Court may issue final judgment at the application of —

(a) the party in whose favour the interim judgment has been granted, if all of the conditions in paragraph (2) are satisfied; or

(b) the party against whom the interim judgment has been granted, in accordance with section 99(3)(a) of the Act.

(2)  The conditions mentioned in paragraph (1)(a) are the following:

(a) at least 3 months (or any shorter period that the Court may fix under section 99(1) of the Act) have lapsed since the date of the interim judgment;

(b) the time for appealing against the interim judgment has lapsed;

(c) there is no pending appeal against the interim judgment;

(d) the hearing of all claims for ancillary relief have concluded at first instance;

(e) the application is made within the later of the following periods:

(i) 3 months after the date of the last hearing of any claim for ancillary relief;

(ii) one year after the date of the interim judgment;

(f) no application has been made under Rule 9 by any person who wishes to object to the interim judgment being made final.

(3)  The Court may, on application by either party, make an order under section 99(1) of the Act.

(4)  Despite paragraph (1), the Court may, on application by any party, issue final judgment even though —

(a) the period of time specified in paragraph (2)(a) has not lapsed at the time of the application;

(b) the hearing of all claims for ancillary relief has not concluded at first instance at the time of the application; or

(c) the application is not made within the period of time specified in paragraph (2)(e).

Failure to conduct claims for ancillary relief in timely manner (P. 2, r. 11)

11.—(1)  This Rule applies where —

(a) an interim judgment or a judgment of judicial separation has been granted in a matrimonial application or cross‑application; and

(b) a party (X) fails to conduct X’s claims for ancillary relief in a timely manner.

(2)  The Court may —

(a) strike out any claim for ancillary relief by X; or

(b) proceed to deal with any claim for ancillary relief by X in the absence of X.

Applications under Chapter 4 or 5 of Part 10 of Act (P. 2, r. 12)

12.  Despite any other provision of these Rules, a claim for ancillary relief under Chapter 4 or 5 of Part 10 of the Act must be made in the matrimonial application.

Applications under section 121D of Act (P. 2, r. 13)

13.  Despite any other provision of these Rules, a person who seeks the permission of the Court under section 121D of the Act to make an application for an order for financial relief under Chapter 4A of Part 10 of the Act must file an originating application without notice in Form 13 supported by an affidavit setting out the evidence that is necessary or material to that application.

Applications under section 121B of Act (P. 2, r. 14)

14.—(1)  Despite any other provision of these Rules, a person who makes an application under section 121B of the Act must file an originating application in Form 14 supported by all documents specified in that Form or any practice directions relating to that application.

(2)  The applicant must serve on the respondent all of the following documents:

(a) the originating application mentioned in paragraph (1);

(b) in relation to the applicant’s application under section 121D of the Act for the permission of the Court —

(i) the originating application without notice and supporting affidavit mentioned in Rule 13; and

(ii) the order of the Court granting permission.

(3)  Where the respondent wishes to make a counterclaim to the applicant’s claim for ancillary relief, the respondent is not required to file a cross‑application.

Applications under section 17A(2)( c ) of Supreme Court of Judicature Act 1969 (P. 2, r. 15)

15.—(1)  Despite any other provision of these Rules, a person who makes an application for the disposition or division of property on divorce pursuant to section 17A(2)(c) of the Supreme Court of Judicature Act 1969 must file an originating application in Form 14 supported by all documents specified in that Form or any practice directions relating to such applications.

(2)  Where the respondent wishes to make a counterclaim to the applicant’s claim for ancillary relief, the respondent is not required to file a cross‑application.

Affidavits for claims for ancillary relief (P. 2, r. 16)

16.—(1)  The applicant and the respondent must file and exchange the First Ancillary Affidavit as follows:

(a) in relation to a claim for ancillary relief made under Chapter 4 or 5 of Part 10 of the Act — within 28 days after the grant of an interim judgment or a judgment of judicial separation;

(b) in relation to an application made under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969 — within 28 days after the service of the originating application on the respondent.

(2)  The First Ancillary Affidavit of a party must —

(a) set out —

(i) in the case of the applicant, the applicant’s claim for ancillary relief and the particulars of that claim; or

(ii) in the case of the respondent, the respondent’s claim for ancillary relief and the particulars of that claim;

(b) include all relevant evidence in support of the matters mentioned in sub‑paragraph (a); and

(c) include all documents specified in Form 15 that are relevant to the matters mentioned in sub‑paragraph (a).

(3)  After the parties have exchanged their First Ancillary Affidavits, the parties may file and exchange a Second Ancillary Affidavit as follows:

(a) where the parties’ First Ancillary Affidavits were exchanged on the same day — within 28 days after the date on which the First Ancillary Affidavits were exchanged, unless any party has filed an application for disclosure against any other party after that date;

(b) in any other case — within any time that the Court may direct.

(4)  The Second Ancillary Affidavit of a party —

(a) must contain only the following:

(i) the party’s response to the matters set out in the First Ancillary Affidavit filed by the other party;

(ii) the particulars of any relevant circumstances that occurred or came to the party’s knowledge after that party filed his or her First Ancillary Affidavit;

(iii) all relevant evidence in support of the matters in sub‑paragraphs (i) and (ii); and

(b) where the Court, pursuant to Rule 17(3), dispenses with the requirement for the party to file an affidavit mentioned in Part 9, Rule 11 — must be accompanied by the party’s list of disclosure.

(5)  Where a party’s Second Ancillary Affidavit refers to any document or information disclosed by the other party which is not included in the other party’s First or Second Ancillary Affidavit, the other party must file and serve on the firstmentioned party a Third Ancillary Affidavit that includes that document or information.

(6)  No further affidavit is to be received in evidence without the Court’s approval.

(7)  The Court may grant an application by a party for approval under paragraph (6) if the party —

(a) seeks to introduce particulars of any relevant circumstances that occurred or came to the party’s knowledge only after the party filed his or her Second Ancillary Affidavit;

(b) seeks to introduce any relevant evidence which became available to the party only after the party filed his or her Second Ancillary Affidavit;

(c) seeks to introduce any evidence to rebut any assertion or allegation made by the other party for the first time in that party’s Second Ancillary Affidavit; or

(d) satisfies the Court that there are any other special circumstances.

(8)  Unless the Court otherwise allows, the parties in a claim for ancillary relief are to rely only on the affidavits allowed under this Rule.

Disclosure in claims for ancillary relief (P. 2, r. 17)

17.—(1)  Subject to this Rule, Part 9 of these Rules applies in relation to any claim for ancillary relief.

(2)  An order for disclosure relating to a claim for ancillary relief must not be made against any party before the First Ancillary Affidavits of the applicant and the respondent have been filed unless, in the Court’s opinion —

(a) the order is necessary to prevent the disposal of a party’s assets;

(b) the order is made in conjunction with an order preventing the disposal of a party’s assets; or

(c) there are any other exceptional circumstances necessitating the making of the order.

(3)  The Court may, in an application by a party for an order for disclosure under Part 9, dispense with the requirement for the person against whom the order for disclosure is made to file an affidavit mentioned in Part 9, Rule 11 and instead order that person to provide a copy of any document or information sought by the party and that person’s list of disclosure by letter.

Binding summaries (P. 2, r. 18)

18.—(1)  The applicant and the respondent must, after all affidavits mentioned in Rule 16 have been filed and within any time that the Court may direct, sign and file a binding summary in Form 17 setting out a summary of the parties’ respective positions in any proceedings arising from or relating to any matrimonial application or any originating application filed in relation to an application made under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969, as the case may be.

(2)  The summary of a party’s position (called in this Rule the party’s summary) in the binding summary —

(a) must not be inconsistent with the party’s position in that party’s written submissions;

(b) must not make or contain any submissions that may take the other party by surprise;

(c) must not set out any evidence, or refer to any evidence which is not set out in any affidavit allowed under Rule 16; and

(d) where the party’s summary refers to any evidence set out in any affidavit allowed under Rule 16 in support of the party’s position on any issue, must include accurate references to the affidavit or part of the affidavit in which that evidence is set out.

(3)  A party is bound by his or her position as set out in the party’s summary unless the Court otherwise allows.

(4)  The Court may treat the evidence in respect of which a party has included references in the party’s summary in accordance with paragraph (2)(d) as conclusive as to the evidence that party relies upon in support of his or her position on any issue.

(5)  Where the binding summary discloses any material fact or question of law as agreed by the applicant and the respondent, the Court may make any orders on that fact or question of law that it thinks fit.

(6)  A party must not amend the binding summary except with the Court’s approval.

(7)  The Court may, if it thinks fit in an appropriate case, dispense with the filing of the binding summary.

Variation of orders (P. 2, r. 19)

19.—(1)  A party seeking to vary an order made in any proceedings under this Part after the conclusion of the proceedings must file a summons supported by affidavit.

(2)  Where a party files a summons mentioned in paragraph (1) more than one year after the date of the last order made in the proceedings, the summons must be served personally on the other party in those proceedings and any other person who may be affected by the variation of the order.

(3)  A party who wishes to bring a new claim for ancillary relief after the conclusion of any proceedings under this Part must obtain the Court’s approval by filing a summons without notice.

Non-parties (P. 2, r. 20)

20.—(1)  This Rule applies to —

(a) any claim for ancillary relief; and

(b) any claim for avoidance of disposition of matrimonial assets.

(2)  Where a claim mentioned in paragraph (1) discloses any person who is not a party (called in this Rule a non‑party) to whom any matrimonial asset is transferred, settled or otherwise entitled in any manner, the party making the claim (X) must serve the non‑party with the following documents:

(a) X’s First Ancillary Affidavit;

(b) the originating application for ancillary relief filed by X, where X’s claim is made in relation to an application under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969;

(c) the summons filed by X, where X’s claim is made in relation to his or her claim for avoidance of disposition of matrimonial assets.

(3)  A non-party who wishes to object to the claim made by X must file and serve a reply affidavit within 28 days after the date of service of the documents mentioned in paragraph (2) on the non‑party.

 

Made on 13 September 2024.

SUNDARESH MENON

Chief Justice.

JUDITH PRAKASH

Senior Judge.

TEH HWEE HWEE

Presiding Judge of the
Family Justice Courts.

KENNETH YAP YEW CHOH

Registrar of the
Family Justice Courts.

LIM HUI MIN

Director of Legal Aid.

YAP TEONG LIANG

Advocate and Solicitor.

FOO SIEW FONG

Advocate and Solicitor.

[AG/LEGIS/SL/104A/2020/1]

(To be presented to Parliament under section 46(7) of the Family Justice Act 2014).