In a strategic move to enhance efficiency and streamline the divorce and judicial separation processes, the Family Justice Court is on the brink of implementing a series of transformative procedural changes.
These changes, set to take effect on an upcoming date, are poised to simplify legal proceedings, encourage amicable settlements, and elevate transparency in asset disclosure.
This article aims to provide a detailed overview of the key modifications, ensuring that legal practitioners and individuals engaged in family court matters are well-prepared for the evolving legal landscape.
Navigating the Changes:
Simplified and Accessible Processes
: At the core of the amendments is the commitment to simplifying divorce and judicial separation processes, making them more accessible and user-friendly for all parties involved.
Unified Commencement Procedure
: Bid farewell to dual initiation paths; the new rules introduce a unified commencement procedure, streamlining the process of starting divorce and judicial separation proceedings.
Applicant and Respondent Terminology Shift
: Witness a shift in terminology as the Plaintiff transforms into the Applicant, and the Defendant assumes the title of Respondent, aligning with a more neutral and procedural approach.
Inclusive Time Periods
: The exclusion of non-working days from time period calculations (if exceeding 7 days) ensures a more inclusive and consistent timeline, recognizing the importance of every moment in legal proceedings.
Emphasis on Amicable Settlements
: Parties involved now carry a duty to consider amicable settlements, marking a significant departure from adversarial approaches and fostering collaboration in dispute resolution.
Notice to Contest and Extended Filing Period
: The familiar Memorandum of Appearance (MOA) undergoes a transformation, now known as the Notice to Contest, with an extended filing period of 14 days instead of the previous 8, allowing for more thoughtful responses.
Extended Timelines for Replies and Cross-Applications
: Acknowledging the complexity of legal procedures, timelines for filing replies and cross-applications stretch from 22 to 28 days, providing additional time for meticulous consideration and preparation.
Timely Submission of Affidavits
: Parties are now required to file their Affidavit of Assets and Means (AOM) within 4 weeks of receiving an Interim Judgment, ensuring a prompt and organized submission process.
One-Time Affidavit Filing Opportunity
: A unique aspect of the revised rules is the restriction on filing a specific supporting affidavit, underscoring the importance of accuracy and completeness in the initial submission.
Mandatory Asset Disclosure
: In a monumental change, mandatory disclosure of assets takes center stage, contributing to heightened transparency in financial matters and ensuring a more comprehensive understanding of the parties’ financial positions.
As these groundbreaking procedural changes loom on the horizon, it is imperative for both legal practitioners and individuals navigating the family court system to acquaint themselves with these alterations.
The shift towards simplicity, transparency, and collaborative resolution not only signifies a commitment to improving the overall experience for those involved in family court proceedings but also heralds a new era of efficiency and fairness in family law.
At the free consultation stage, our Divorce Lawyers will:
- Assess if you can file for divorce in Singapore.
- Help you understand each step of the divorce process.
- Address questions & concerns related to divorce process.
- Help you explore your divorce options.
