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Income, earning capacity and financial needs of the parties in the foreseeable future. What is the court's current position on the division of assets? The court engages in the following steps:. Step one: the court ascribes a ratio that represents each party's direct contributions relative to each other, having regard to the financial contribution each party made towards the acquisition or improvement of the matrimonial assets.

Step two: the court ascribes a second ratio to each party's indirect contributions relative to each other, having regard to both financial and non-financial contributions, and contribution of the well-being of the family. Step three: the court then derives the parties' overall contributions relative to each other by taking an average of the two ratios above, keeping in mind that, depending on the circumstances of each case, the direct and indirect contributions may not be accorded equal weight and one of the two ratios may be accorded more significance than the other. Step four: the court may make further adjustments to this average ration that take into account the other factors such as those set out in section 2 of the Women's Charter and all other relevant circumstances to arrive at a just and equitable division of the matrimonial assets.

This is to ensure that homemaker spouses are not unduly disadvantaged in the division of matrimonial assets. In such cases, there is an inclination towards equal division unless there are specific factors requiring a different division. The court must nonetheless have regard to the factors in section 2 of the Women's Charter to arrive at a just and equitable division of the assets. However, in long dual-income marriages, there is an inclination towards equal division, with the ANJ v ANK structured approach serving as a guide.

The court can, in principle, ascribe a negative percentage value to a party's indirect contribution. The conduct of both parties is also relevant such that where both sides are embarked on mutually destructive behaviour, the court will not ascribe a negative value UAP v UAQ [] 3 SLR Failure to provide full and frank disclosure of assets and means can lead to the court drawing adverse inferences against the culpable party.

It could either give a higher proportion of assets to the "innocent" spouse or put a value to assets held to be "undisclosed". How does ongoing spousal maintenance operate following marital breakdown? Formerly, the legal duty to provide maintenance to a former spouse was placed only on the husband. The Women's Charter was amended in to render former wives liable to maintaining former husbands who had become incapacitated during the subsistence of the marriage who cannot maintain themselves section , Women's Charter.

Such incapacity can arise from "any physical or mental disability or any illness" which hinders the former husband from earning a livelihood and maintaining himself. The court's power under section 1 b of the Women's Charter to order a husband to pay maintenance to his former wife is supplementary to the court's power under the Women's Charter to provide for a just and equitable division of the matrimonial assets BG v BF [] 3 SLR R Maintenance can also be claimed on an interim basis pending the hearing of matrimonial proceedings and at the final hearing of ancillary matters.

The court must have regard to all the circumstances of the case when awarding maintenance section 1 , Women's Charter. This includes income, earning capacity, property, the parties' age, financial resources, needs and obligations, the standard of living of the family before the breakdown of the marriage, the duration of marriage, any physical or mental disability and financial and non-financial contributions.

Parties should be, as far as is practicable, put in the financial position they would have been in had the marriage not broken down and where each party properly discharged his or her financial responsibilities to the other section 2 , Women's Charter. There is no broad principle that a husband who has not maintained a wife during the marriage is automatically absolved of the need to do so, post-divorce.

A former wife must, where possible, make reasonable efforts to secure gainful employment and contribute to preserve her pre-breakdown lifestyle. Is it common for maintenance to be awarded on marital breakdown? Maintenance for a wife is often claimed and awarded during the course of any matrimonial proceedings or pending the conclusion of matrimonial proceedings as part of the ancillary matters. The court can only order a wife to pay maintenance to her husband if he is incapacitated section 69, Women's Charter.

What is the court's current position on maintenance on marital breakdown? Interim maintenance is usually conservative. It is intended to provide a "tide over" sum for the applicant until the final hearing. It does not usually preserve the status quo during the marriage. Evidence of the standard of living during marriage is considered by the court as a rough estimate. To preserve the right of a former wife or a former incapacitated husband to apply for maintenance in the future, an order for nominal maintenance such as SGD1 per month is sought so that this can be varied upwards later if there is a material change of circumstances section , Women's Charter.

Where the wife is capable of earning a comfortable income, has substantially more assets and is financially independent, the court will generally not award the wife any maintenance.

The court can take into account any economic prejudice suffered by the husband or wife during marriage when ordering maintenance for the financially disadvantage spouse Tan Sue-Ann Melissa v Lim Siang Bok Dennis [] 3 SLR R Where an order for the division of the matrimonial assets is not significant in money's worth, the court may make an order of maintenance that is substantial BG v BF [] 3 SLR R Maintenance awards are determined flexibly with "a common sense dose of realities" and without reference to any single formula Foo Ah Yan v Chiam Heng Chow [] 2 SLR Child support.

What financial claims are available to parents on behalf of children within or outside of the marriage? Parents can apply for maintenance of children within and outside of the marriage. Maintenance can be ordered in the form of a monthly allowance or a lump sum section 69 2 , Women's Charter , although the courts do not generally grant lump sum maintenance for children. They are under an obligation to maintain or contribute to the maintenance of their biological or adoptive child.

They must provide the child with accommodation, clothing, food and education as may be reasonable.

This duty applies regardless of whether:. The child is in the custody of either parent. The child is legitimate or illegitimate. Where a person has accepted a child who is not their biological offspring as a member of their family, it becomes the duty of that person to maintain the child as far as the parents of the child fail to do so. The obligation to maintain the child will end if the child is taken away by their father or mother. Sums expended by the person to maintain the child are recoverable as a debt from the child's parents section 70, Women's Charter.

Maintenance orders are not permanent in that the quantum and duration of maintenance can be varied by an application to court. The court can rescind or vary any maintenance order on proof of a change in circumstances of the parties or child or any good cause shown to the satisfaction of the court. The court can take into consideration changes in general costs of living which may have occurred since the last order was made section 72, Women's Charter. On what basis is child maintenance calculated?

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Presently, Singapore does not utilise a maintenance calculator. When ordering child maintenance, the court must have regard to all the circumstances of the case, including:. The financial needs of the child. Income, earning capacity, property and financial resources of the parents. The contributions made by the parents to the welfare of the family. The standard of living enjoyed by the child before the parent ceased providing reasonable maintenance for the child.

The manner in which the child is being educated or trained. What is the duration of a child maintenance order up to the age of 18 years or otherwise? The court can order a parent to pay maintenance for the benefit of a child of the marriage who is under the age of 21 during matrimonial proceedings sections 68 5 and , Women's Charter. Child maintenance can be sought on an interim basis and at the final hearing of ancillary matters. A child of the marriage is any child of the husband and wife, including any adopted child and any other child whether or not a child of the husband or of the wife who was a member of the family of the husband and wife at the time they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred section 92, Women's Charter.

Has a mental or physical disability. Is undertaking compulsory military service. Is undertaking educational or vocational training. However, a parent is not always obliged to maintain the child under the abovementioned circumstances after the age of 21 years' old. The son was 22 years old and the court found that the son had become an independent adult and in any event was not presently receiving education. Can a child whether of legal maturity or otherwise make a claim directly against their parents?

A child can make a claim directly against parents or the person who has accepted the child as a member of the family when the child has reached the age of majority that is, 21 years of age sections 69 3 b , 70 4 b , Women's Charter however, see also Question A maintenance order can be granted for the benefit of a child beyond the age of 21, usually until the completion of tertiary education.

If the child is a minor, a guardian or a person who has actual custody of the child sections 69 3 a , 70 4 a , Women's Charter or their siblings who have reached the age of 21 sections 69 3 c , 70 4 c , Women's Charter , can make a claim on behalf of the minor instead. Enforcement of financial orders. The four methods of enforcement are:. Writ of seizure and sale. If a party fails to make one or more payments required under a maintenance order, the court can also:. Direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate's Court.

Sentence the person to imprisonment for up to one month for each month's allowance that remains unpaid. Make a garnishee order in accordance with the FJR. Order the person to provide security against any future defaults via a banker's guarantee. Order the person to undergo financial counselling or such other similar or related programme as the court may direct. Make a community service order such as for unpaid community service for up to 40 hours under the supervision of a community service officer.

What is the legal position on the reciprocal enforcement of financial orders? A registered foreign maintenance order can be enforced as though it was made locally section 8, MO RE A. Where a foreign maintenance order is not made in a reciprocating country, a party intending to enforce the order will need to either:. Financial relief after foreign divorce proceedings.

What powers are available to the court to make orders following a foreign divorce?

If such a power exists, what is the legal basis for making such an application? Chapter 4A Part X of the Women's Charter was enacted in to empower the court to allow parties divorced in a foreign country to apply for orders for ancillary relief in Singapore. A party may apply for such orders, where both section B, Women's Charter :. A marriage has been dissolved or annulled, or the parties to the marriage have been legally separated, by means of judicial or other proceedings in a foreign country. The divorce, annulment or judicial separation is recognised under Singapore law.

An order for financial relief in foreign divorce proceedings is not an automatic right.

It must be shown that both:. The Singapore Court has jurisdiction over the matter. There is "substantial ground" for making the application.