Women’s Charter (Matrimonial Proceedings) Rules

Women’s Charter

(Chapter 353, Sections 139(1) and (2))

R 4

G.N. No. S 167/2003

REVISED EDITION 2004

(29th February 2004)

[14th April 2003]

Citation and application

1.—(1) These Rules may be cited as the Women’s Charter (Matrimonial Proceedings) Rules.

(2) These Rules shall apply to proceedings under Part X of the Act commenced on or after 14th April 2003.

Definitions

2.—(1) In these Rules, unless the context otherwise requires —

“agreed matrimonial property plan” means a plan, signed by both parties to a marriage, setting out the parties’ agreement as to the way in which an HDB matrimonial asset is to be divided if a petition in respect of their marriage is granted;

“arrangements for the welfare of every dependent child” includes arrangements in relation to —

(a)	the custody, care and control of, and access to, the child;
(b)	financial provision for the child;
(c)	the education of the child; and
(d)	any other parental responsibility for the child;

“Central Provident Fund Board” means the Central Provident Fund Board established under the Central Provident Fund Act (Cap. 36);

“child of the marriage” has the same meaning as in section 92 of the Act;

“dependent child of the marriage” means a child of the marriage who is —

(a)

below the age of 21 years; or

(b)

of or above the age of 21 years but who —

(i)	suffers from any mental or physical disability;
(ii)	is or will be serving full-time national service; or
(iii)	is or will be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment;

“HDB flat” means a residential flat or any other residential property sold under Part IV of the Housing and Development Act (Cap. 129) which has been acquired by the present owner thereof whether directly from the Housing and Development Board or otherwise;

“HDB matrimonial asset” means a matrimonial asset as defined in section 112 of the Act which consists of —

(a)	an HDB flat; or
(b)	any right or interest arising under an agreement to purchase an HDB flat;

“Housing and Development Board” means the Housing and Development Board established under the Housing and Development Act (Cap. 129);

“Judge” means a Judge of the Supreme Court;

“marriage” includes a void marriage and, for the purpose of rule 8, includes a marriage which has been dissolved;

“person named” includes a person described as passing under the name of A.B.;

“proposed matrimonial property plan” means a plan setting out the proposals of the parties to a marriage as to the way in which an HDB matrimonial asset is to be divided if a petition in respect of their marriage is granted;

“Registrar” means the Registrar of the Supreme Court.

(2) In these Rules, a Form referred to by number means the Form so numbered in the Schedule.

Application of Rules of Court

3.—(1) Subject to the provisions of these Rules and of any other written law, the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, to the practice and procedure in any proceedings under Part X of the Act to which these Rules relate.

(2) Any reference to “pleadings” in the Rules of Court shall, for the purposes of any proceedings under Part X of the Act, be construed to include a petition.

Application for leave to present petition

4.—(1) An application under section 94 of the Act for leave to present a petition for divorce before 3 years have passed since the date of the marriage shall be by originating summons in accordance with Form 1.

(2) There shall be filed in support of the summons an affidavit by the applicant exhibiting a copy of the proposed petition and stating —

(a)	the grounds of the application;
(b)	particulars of the hardship or depravity alleged;
(c)	whether there has been any previous application for leave;
(d)	whether any, and if so what, attempts at reconciliation have been made;
(e)	particulars of any circumstances which may assist the court in determining whether there is a reasonable probability of reconciliation between the parties; and
(f)	the date of birth of each of the parties or, if it be the case, that he or she has attained the age of 21 years.

(3) Where the summons is issued, it shall be made returnable for a fixed date before a Judge-in-Chambers.

(4) Unless otherwise directed, the summons together with the affidavit in support of the summons and a copy of the notice of proceedings in Form 2 shall be served on the respondent at least 5 clear days before the return date.

(5) No appearance needs to be entered to the summons and no affidavit needs to be filed in reply, and the intended respondent may be heard without entering an appearance.

Commencement of proceedings

5.—(1) All proceedings for a decree of divorce, presumption of death, judicial separation or nullity of marriage, or rescission of a decree of judicial separation shall be commenced by filing a petition addressed to the High Court.

(2) Unless the Act otherwise provides, every application under Part X of the Act or these Rules shall be made either by originating summons or, in a pending cause or matter, by summons in Form 25.

Petition

6.—(1) A petition for a decree of divorce, presumption of death, judicial separation or nullity of marriage, or rescission of a decree of judicial separation shall be in Form 3, 4, 5, 6 or 7, as appropriate, and shall be filed together with a notice of proceedings in Form 12 and a notice to a co-respondent in Form 14, where applicable.

(2) The petitioner shall, within 7 days of the issuance of the petition filed under paragraph (1), file an affidavit in support of the petition in Form 8 —

(a)	deposing to the truth of the matters set out in the petition; and
(b)	setting out the full particulars of the facts pleaded in the petition but not the evidence by which they are to be proved.

(3) The affidavit in support of the petition shall form a part of the petition and the provisions in these Rules that relate to a petition shall apply, with the necessary modifications, to the affidavit in support of the petition.

Parties

7.—(1) Subject to paragraph (2), where a petition alleges that the respondent has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a co-respondent in the cause unless —

(a)	that person is not named in the petition and, if the adultery is relied on for the purpose of section 95(3)(a) of the Act, the petition contains a statement that his or her identity is not known to the petitioner; or
(b)	the court otherwise directs.

(2) Where a petition alleges that the respondent has been guilty of rape upon a person named, then, notwithstanding anything in paragraph (1), that person shall not be made a co-respondent in the cause unless the court so directs.

(3) Unless otherwise directed, where a person charged with adultery in a petition is not made a co-respondent under paragraph (1)(b), a copy of the petition shall be served on the person with whom adultery is alleged to have been committed, accompanied by —

(a)	the affidavit in support of the petition in Form 8;
(b)	a notice of proceedings in Form 14;
(c)	a form of acknowledgment of service in Form 16; and
(d)	a memorandum of appearance in Form 18.

(4) Where a petition alleges that the respondent has been guilty of an improper association (other than adultery) with a person named, the court may direct that the petition be served on the person named together with —

(a)	the affidavit in support of the petition in Form 8;
(b)	a notice of proceedings in Form 14;
(c)	a form of acknowledgment of service in Form 16; and
(d)	a memorandum of appearance in Form 18.

(5) A person who has been served with a petition under paragraph (3) or (4) and who desires to intervene in the proceedings shall enter an appearance under rule 15 and shall join in the proceedings at the stage which those proceedings have reached at the time he appears, and his name shall appear thereafter in the title to the cause as a co-respondent in the proceedings.

(6) An application for directions under paragraph (1) may be made ex-parte if no appearance has been entered.

(7) Paragraphs (1), (3) and (4) shall not apply where the person named had died before the filing of the petition.

(8) Service of a copy of the petition under paragraphs (3) and (4) shall be effected and proof of service shall be given in the manner provided for by rules 10, 11 and 12 in the case of a service of a copy of a petition on a respondent.

Parenting plan

8.—(1) Where a petition for a decree of divorce, presumption of death, judicial separation or nullity of marriage discloses that there is a child of the marriage, the petitioner shall file together with the petition —

(a)	an agreed parenting plan in Form 26; or
(b)	a proposed parenting plan in Form 27.

(2) The parties to a marriage shall try to agree on the arrangements for the welfare of every dependent child of the marriage and file an agreed parenting plan.

(3) If the parties are unable to agree on the arrangements for the welfare of every dependent child of the marriage, the parties may seek the advice and assistance of a person, whether or not a public officer, who is trained or has experience in matters relating to child welfare, so that the parties may resolve their disagreements harmoniously.

(4) In reaching an agreement on the arrangements for the welfare of every dependent child of the marriage, the parties to the marriage must regard the welfare of the child as the paramount consideration.

Matrimonial property plan

9.—(1) Where a petition for divorce or a decree of judicial separation or nullity of marriage is intended to be filed, and the petition discloses that there is an HDB matrimonial asset to be divided if the petition is granted, the petitioner shall file, together with the petition —

(a)	an agreed matrimonial property plan in Form 28, together with the particulars of arrangements for housing in Form 30; or
(b)	a proposed matrimonial property plan in Form 29, together with the particulars of arrangements for housing in Form 30.

(2) Where, at any time after the filing of a petition for divorce or a decree of judicial separation or nullity of marriage, it is disclosed that there is an HDB matrimonial asset to be divided if the petition is granted, the petitioner shall file the documents referred to in paragraph (1) in court —

(a)	within the time specified by the court; or
(b)	if no time is specified by the court, before the court makes any order under section 112 of the Act.

(3) Prior to the filing of an agreed matrimonial property plan under paragraph (1) —

(a)	the petitioner and the respondent shall each make enquiries with the Central Provident Fund Board (the CPF standard query), in such manner as the Registrar may require, and the Central Provident Fund Board shall give each party its written answers to the enquiries within such time and in such manner as the Registrar may require; and
(b)	the petitioner shall, unless the court directs otherwise, serve the agreed matrimonial property plan on the Housing and Development Board, which shall, within one month of the service, inform the petitioner in writing as to whether it has any objection to the agreed matrimonial property plan or the agreement, and if there is any objection, the nature of the objection.

(4) Prior to the filing of a proposed matrimonial property plan under paragraph (1), the petitioner shall make enquiries with the Housing and Development Board (the HDB standard query) and the Central Provident Fund Board, in such manner as the Registrar may require, and the Housing and Development Board and the Central Provident Fund Board shall each give the petitioner their written answers to the enquiries within such time and in such manner as the Registrar may require.

(5) Where no written reply has been given by the Housing and Development Board or the Central Provident Fund Board within the time specified by the Registrar under paragraph (3) or (4), as the case may be, the petitioner may proceed with the filing of the petition without the agreed or proposed matrimonial property plan but the petitioner shall file the plan within 7 days of the receipt of the reply.

(6) The court may, in an appropriate case, abridge the time within which the Housing and Development Board or the Central Provident Fund Board shall give a written reply under paragraph (3) or (4), as the case may be.

Service of petition, etc.

10.—(1) Unless otherwise directed —

(a)

a copy of every petition, together with —

(i)	the affidavit in support of the petition in Form 8;
(ii)	a notice of proceedings in Form 12 or 14;
(iii)	a copy of an acknowledgment of service in Form 15 or 16; and
(iv)	a copy of a memorandum of appearance in Form 17 or 18,

shall be served personally or by registered post upon every respondent and co-respondent named therein;

(b)

a copy of the parenting plan filed under rule 8 and the matrimonial property plan filed under rule 9 shall be served personally or by registered post upon the respondent; and

(c)

a copy of every originating summons and, where the court directs, a summons shall be served personally or by registered post upon the respondent.

(2) Where the solicitor of a respondent or co-respondent endorses on a document served under paragraph (1) a statement that he accepts the document on behalf of the respondent or co-respondent, the document shall be deemed to have been duly served on the respondent or co-respondent and to have been so served on the date on which the endorsement was made.

(3) For the purposes of paragraph (1), a document shall be deemed to have been duly served by registered post if the document is sent by prepaid registered post to the party to be served, and an acknowledgment of service in accordance with Form 15 or 16 of his identity and of his receipt of the document is signed by him and returned to the solicitor for the petitioner, or to the petitioner if he is acting in person, at the address for service.

(4) Where the party to be served is a respondent, his signature on the acknowledgment of service shall be proved at the trial or hearing.

(5) An application for leave to substitute for the modes of service specified in paragraphs (1) and (2) some other mode of service, or to substitute for service notice of the proceedings by advertisement or otherwise, shall be made ex-parte by lodging with the Registrar an affidavit setting out the grounds on which the application is made.

(6) Where leave is given to substitute for service notice of the proceedings under paragraph (5) by advertisement, the form of the advertisement shall be in Form 13.

Service out of jurisdiction

11.—(1) A petition, originating summons, summons or other document in proceedings under Part X of the Act, may be served out of the jurisdiction without leave, and subject as aforesaid the procedure with regard thereto shall conform as nearly as may be to the Rules of Court (Cap. 322, R 5), in like case.

(2) Where a petition or other document is to be served out of the jurisdiction, the time limited for appearance to be entered in the notice accompanying the petition or contained in the notice shall be fixed at 21 days, unless the court otherwise directs.

(3) Where an originating summons is to be served out of the jurisdiction, the return date shall be fixed having regard to the time which would be limited for appearance under paragraph (2) if the document to be served were a petition.

Proof of service

12. Unless otherwise directed, and except where service has been dispensed with under rule 14, a petition shall not proceed to trial or hearing unless the respondent and every co-respondent thereto and, where a direction has been made under rule 7(3) or (4), every person named therein —

(a)	has entered an appearance;
(b)	where the person has not entered an appearance, is shown by affidavit in accordance with Form 19 (which shall be filed) to have been served with the petition in accordance with rule 10 or 11; or
(c)	where the person has not entered an appearance, has returned to the solicitor for the petitioner, or to the petitioner if he is acting in person, an acknowledgment of service in accordance with Form 15 or 16 which shall be lodged with the Registrar.

Service of other documents

13.—(1) Order 62, rule 6 of the Rules of Court (Cap. 322, R 5) shall apply to the service of any other document in proceedings under Part X of the Act.

(2) Unless otherwise provided, the service of any summons shall be effected within 3 days of the filing of the summons.

(3) A copy of every affidavit filed in support of an application under rule 4, or in pursuance of an order for interrogatories or discovery, shall be delivered to the opposite party if he is the petitioner or has entered an appearance within 24 hours after the affidavit has been filed.

Dispensation with service

14.—(1) The court may, in an appropriate case, dispense with the service of any petition, originating summons, summons or other document on any person.

(2) When an order is made under paragraph (1) that the service of a document be dispensed with, that document shall for the purposes of these Rules be deemed to have been duly served.

Entry of appearance

15.—(1) A respondent, co-respondent or person named who has been served with a petition may enter an appearance in the proceedings and defend it by a solicitor or in person.

(2) If the person desiring to appear is acting in person, he shall file a memorandum of appearance in accordance with Form 17 or 18, whichever is appropriate, containing an address for service within the jurisdiction.

(3) If a solicitor is acting on behalf of the person desiring to appear, the solicitor shall file a memorandum of appearance in accordance with Form 17 or 18, whichever is appropriate, containing an address for service which shall be the place at which the solicitor carries on business.

(4) A memorandum of appearance shall, unless the court gives leave to the contrary, be filed —

(a)	in the case of a petition served within jurisdiction, within 8 days after service of the petition or, where that time has been extended, within the time so extended; and
(b)	in the case of a petition served out of jurisdiction, within 21 days after service of the petition or, where that time has been extended, within the time so extended.

(5) The Registrar on receipt of the memorandum of appearance shall send to the petitioner or his solicitor one copy of the memorandum sealed with the seal of the court.

(6) Order 12, rules 6 and 7 of the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, to a person desiring to appear under this rule.

Consent to grant of decree

16.—(1) Where, before the hearing of a petition alleging 3 years separation coupled with the respondent’s consent to a decree being granted, the respondent wishes to notify the court that he consents to the grant of a decree, he must do so by filing his written consent in court.

(2) For the purposes of paragraph (1), a memorandum of appearance containing a statement that the respondent consents to the grant of a decree shall be treated as such a consent if the acknowledgment is signed —

(a)	in the case of a respondent acting in person, by the respondent; and
(b)	in the case of a respondent represented by a solicitor, by the respondent as well as by the solicitor.

(3) A respondent to a petition which alleges any such fact as is mentioned in paragraph (1) may give notice to the court either that he does not consent to a decree being granted or that he withdraws any consent which he has already given.

(4) Where a notice under paragraph (3) is given in connection with a petition in which none of the other facts mentioned in section 95(3) of the Act is alleged, the Registrar may give directions on the further conduct of the proceedings.

Supplemental petition and amended petition

17.—(1) A petition may be amended without leave before it is served but only with leave after it has been served.

(2) A supplemental petition shall be in Form 9 and may be filed without leave before the petition is served but only with leave after the petition has been served.

(3) Subject to paragraph (4), an application for leave under this rule —

(a)	may, if every opposite party consents in writing to the supplemental petition being filed or the petition being amended, be made ex-parte by lodging in the Registry of the Supreme Court the supplemental petition or a copy of the petition as proposed to be amended; and
(b)	shall, in any other case, be made by summons and be served, unless otherwise directed, on every opposite party.

(4) The Registrar may, if he thinks fit, require an application for leave to be supported by affidavit.

(5) An order made under this rule shall, in cases where an appearance has been entered in the original proceedings, fix the time within which the memorandum of appearance must be amended or the answer or any subsequent pleadings must be filed or amended.

(6) Unless otherwise directed, a copy of the supplemental petition or of the amended petition together with a copy of the order (if any) made under this rule shall be served upon the respondent, co-respondent or person named therein.

(7) In the case of a respondent, co-respondent or person not named as a party in the original petition, the supplemental petition or amended petition shall be accompanied by —

(a)	a notice of proceedings in Form 14;
(b)	a copy of an acknowledgment of service in Form 16; and
(c)	a copy of a memorandum of appearance in Form 18,

and rules 10, 11 and 12 shall apply to supplemental petitions and amended petitions as they apply to original petitions.

Answer and cross-petition, etc.

18.—(1) A respondent who has entered an appearance to a petition and who wishes to defend all or any charges made therein shall, within 14 days after the expiration of the time limited for the entry of such appearance, file an answer to the petition in Form 10.

(2) A co-respondent or person named who has entered an appearance to a petition and who wishes to defend all or any charges made therein shall, within 14 days after the expiration of the time limited for the entry of such appearance, file an answer to the petition in Form 10.

(3) A respondent who has entered an appearance to a petition and who wishes to petition for a decree of divorce, judicial separation or nullity of marriage shall, in addition to defending all or any charges made in the petition, file an answer to the petition together with a cross-petition in Form 10 within the time specified in paragraph (1).

(4) Rules 7, 10, 11, 12 and 14 in relation to a petition shall apply to a cross-petition, save that where a cross-petition alleges that the petitioner has committed adultery, the person with whom the adultery is alleged to have been committed shall be named as a party cited and not as a co-respondent.

(5) Rule 7 shall apply to an answer where the answer alleges that the petitioner has committed adultery or has been guilty of an improper association (other than adultery) with a person named as it applies to a petition.

(6) A respondent who has been served with a proposed parenting plan under rule 8 may, within 14 days after the expiration of the time limited for the entry of appearance, and if the court so directs, shall, within the time specified by the court, file a parenting plan in Form 27 to set out his or her agreement to the proposed parenting plan or set out his or her proposed arrangements for the welfare of every dependent child.

(7) A respondent who has been served with a proposed matrimonial property plan under rule 9 shall, within 14 days after the expiration of the time limited for the entry of appearance, make the CPF standard query to the Central Provident Fund Board, which shall give its written answers to the standard query within such time and in such manner as the Registrar may require.

(8) A respondent who has received a reply to the CPF standard query under paragraph (7) shall, within 14 days of receipt —

(a)	file in court his or her proposed arrangements in respect of the HDB matrimonial asset in Form 29, together with the particulars in Form 30; or
(b)	if the respondent is in agreement with the proposed matrimonial property plan served on him, send his agreement in Form 29, together with the particulars of the HDB matrimonial asset in Form 30, to the opposite party or his or her solicitors.

(9) A parenting plan filed under paragraph (6) and a matrimonial property plan filed under paragraph (8) shall be served on the petitioner within 24 hours after it is filed.

(10) When the time limited for entry of appearance has expired and no appearance has been entered, then the time for filing an answer, with or without a cross-petition, shall be deemed to have expired notwithstanding that the period of 14 days has not elapsed.

Reply and other pleadings

19.—(1) The petitioner may file a reply, and where applicable, a reply and answer to the cross-petition within 14 days from the service of the answer or the answer and cross-petition, as the case may be.

(2) Where a reply and answer to the cross-petition has been filed, the respondent may file a reply to the answer to the cross-petition within 14 days from the service of the reply and answer to the cross-petition.

(3) No subsequent pleading shall be filed without the leave of the court.

(4) All pleadings other than a petition and an answer, with or without a cross-petition, shall be in Form 11.

Contents of answer and subsequent pleadings

20.—(1) Where an answer, reply or subsequent pleading contains more than a simple denial of the facts stated in the petition, answer or reply, as the case may be, the pleading shall set out with sufficient particularity the facts relied on but not the evidence by which they are to be proved.

(2) Every answer or subsequent pleading shall be signed by the solicitor for the party filing the same, or by that party if he is acting in person.

Amendment of originating summons, etc.

21. Any originating summons, summons, pleading or other document may be amended without leave before service, or with leave after service, subject to any direction as to re-service and as to consequential amendment of pleadings already filed.

Particulars

22.—(1) Any party may by letter require any other party to furnish particulars of any allegation or other matter pleaded and if the other party fails to furnish the particulars within a reasonable time, the party requiring the particulars may apply for an order that particulars be given.

(2) All particulars, whether given in pursuance of an order or otherwise, shall be filed within 24 hours of being furnished to the party requiring them.

Delivery of subsequent pleadings

23. A copy of every pleading (other than a pleading that is required to be served under rule 10 or 11) shall, within 24 hours after it is filed, be served on the opposite parties or their solicitors.

Discovery

24.—(1) A party to any proceedings under Part X of the Act may by leave deliver interrogatories in writing for the examination of an opposite party.

(2) A copy of the interrogatories proposed to be delivered shall be lodged in the Registry of the Supreme Court and a further copy shall be served with the summons.

(3) Interrogatories shall, unless otherwise ordered, be answered by affidavit to be filed within 10 days.

(4) A party to any proceedings under Part X of the Act may apply for an order of discovery of documents by an opposite party and such opposite party may be ordered to make such general or limited discovery on oath as the Registrar shall think fit.

Medical examination

25.—(1) In proceedings for nullity of marriage on the grounds of impotence or incapacity, the petitioner shall, after an answer has been filed, or if no answer has been filed or appearance entered to the proceedings, after the expiration of the time allowed for filing an answer or entering an appearance, as the case may be, apply to the Registrar for the determination of the question as to whether Medical Inspectors should be appointed to examine the parties.

(2) Upon any such application, the Registrar shall, if in the circumstances of the case he considers it expedient to do so, appoint a Medical Inspector, or if it appears to him necessary 2 Medical Inspectors, to examine the parties and to report to the court the result of the examination.

(3) At the hearing of any such proceedings, the court may, if it thinks fit, appoint a Medical Inspector or 2 Medical Inspectors to examine any party who has not been examined or to examine further any party who has been examined.

(4) The order endorsed with notice of the time and place of the examination shall be served upon the respondent, and service shall be effected and proof of service shall be given in the manner provided for by rules 10 and 12 in the case of service of a copy of a petition on a respondent.

(5) Where the respondent has appeared by a solicitor, service may be effected on the solicitor in the manner provided for by rule 13.

(6) The examination shall, if either party so requires, be held at the office of the Medical Inspector appointed or, as the case may be, of one of the Medical Inspectors appointed or at some other convenient place selected by him or them and in every other case shall be held at such place as the Registrar shall direct.

(7) The Medical Inspector or Inspectors shall call upon the solicitors for the parties to identify the parties to be examined by him or them, and after identification, the parties and their solicitors shall sign their names and the paper bearing such signatures shall be signed by the Medical Inspector or Inspectors and annexed to the report.

(8) On a petition for nullity of marriage on the ground that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage, either party may apply for the appointment of Medical Inspectors to examine the parties.

(9) Upon such application, the Registrar shall appoint a Medical Inspector, or if it appears to the Registrar to be necessary 2 Medical Inspectors, and either of the parties shall be at liberty to submit himself for examination to the Medical Inspector or Inspectors so appointed.

(10) Paragraphs (6) and (7) shall apply to any such examination and the Medical Inspector or Inspectors shall report to the court the result of any examination made by him or them.

(11) Every report made in pursuance of this rule shall be filed and either party shall be entitled to be supplied with a copy thereof upon payment of the prescribed fee.

Evidence

26.—(1) Subject to paragraph (2), unless the court otherwise directs, Order 38 of the Rules of Court (Cap. 322, R 5) in relation to an action commenced by writ shall apply, with the necessary modifications, to the trial or hearing of a petition.

(2) Unless the court otherwise directs, Order 38 of the Rules of Court in relation to a cause or matter begun by originating summons shall apply, with the necessary modifications, to the hearing of an application under rule 4 and an application for ancillary relief in a petition.

(3) Any party may apply for the appointment of an examiner or for a commission or for letters of request to examine a party or witness in any proceedings under Part X of the Act and for leave to give the depositions taken on examination in evidence at the trial or hearing, and Order 39 of the Rules of Court shall apply to the examination.

(4) Nothing in any order made under this rule shall affect the power of the Judge at the trial or hearing to refuse to admit evidence tendered in accordance with any such order if in the interests of justice he should think fit to do so.

Trial of issues

27. A Judge may direct, and a petitioner and any party to proceedings under Part X of the Act who has entered an appearance may apply to a Judge for directions for, the separate trial of any issue of fact or any question as to the jurisdiction of the court.

Setting down for trial

28.—(1) The petitioner shall set the cause down for hearing by filing a notice in Form 20 within 14 days after the expiry of the time for the filing of the last pleading or such time as the court may direct.

(2) Notice of trial shall be given to each party in the cause who has entered an appearance.

(3) If the petitioner fails to set the cause down within the time specified in paragraph (1) or within such extended time as the court or a Judge allows, any party defending the cause may set it down for trial or hearing and within 24 hours of having done so, shall give the petitioner and all other parties in the cause who have entered an appearance notice of his having done so.

(4) Except with the consent of all parties or by leave of the Judge, no cause shall be tried or heard until after the expiration of 10 days from the date of setting down.

Right of respondent to be heard

29. After entering an appearance, a respondent may, without filing an answer, be heard in respect of any question as to costs and any question of custody of or access to any child of the marriage.

Form of decree and order

30.—(1) A decree shall be in Form 21 or 23 and shall be issued by the Registrar upon the application of either party to the marriage.

(2) A sealed or other copy of any decree of the court may be issued to any person requiring it on payment of the prescribed fee.

(3) An order of court, other than an order for an injunction, shall be in Form 24 and shall be signed by the Registrar.

Rehearing

31. An application for rehearing shall be made by way of appeal to the Court of Appeal.

Intervention by Attorney-General

32.—(1) When the Attorney-General desires to show cause against making absolute a decree nisi, he shall —

(a)	enter an appearance in the proceedings in which such decree has been pronounced;
(b)	within 14 days thereafter, file his plea setting forth the grounds upon which he desires to show cause; and
(c)	within 24 hours of filing his plea, deliver a copy thereof to the person in whose favour such decree has been pronounced or to his solicitor.

(2) Where such plea alleges a petitioner’s adultery with any person named, the Attorney-General shall, unless otherwise directed by the court, serve each such person with a copy of his plea omitting such part thereof as contains any allegation in which the person so served is not named.

(3) Such copy shall be accompanied by a notice in accordance with Form 14, a form of acknowledgment of service in accordance with Form 16 and a memorandum of appearance in accordance with Form 18 so far as the same are applicable, and shall be served and service shall be effected in the manner provided for in the case of a copy of a petition on a co-respondent by rules 10 and 11.

(4) Except as hereinafter provided, these Rules shall apply to all subsequent pleadings and proceedings in respect of such plea as if the plea were an original petition.

(5) If no answer to the plea of the Attorney-General is filed within the time limited or if an answer is filed and has been struck out or not proceeded with, the Attorney-General may apply immediately by motion to rescind the decree nisi and dismiss the petition.

(6) If any of the charges contained in the plea of the Attorney-General is not denied in the answer thereto, the party in whose favour the decree nisi has been pronounced shall set down the intervention for trial or hearing and, within 24 hours after setting down the intervention, shall give to the Attorney-General notice of his having done so.

(7) If default is made in setting down and giving notice to the Attorney-General as aforesaid, the Attorney-General may apply immediately by motion to rescind the decree and dismiss the petition.

(8) If all the charges contained in the plea of the Attorney-General are denied in the answer thereto, the Attorney-General shall set down the intervention for trial or hearing and, within 24 hours after setting down the intervention, shall file and give to the other parties to the intervention notice of his having done so.

Intervention by person other than Attorney-General

33.—(1) When any person, other than the Attorney-General, desires to show cause against making absolute a decree nisi, he shall —

(a)	enter an appearance in the cause in which the decree nisi has been pronounced;
(b)	within 14 days thereafter, file an affidavit setting forth the facts upon which he relies; and
(c)	within 24 hours of filing the affidavit, deliver copies thereof to the party or the solicitor of the party in whose favour the decree has been pronounced.

(2) The party in the cause in whose favour the decree nisi has been pronounced may, within 14 days after delivery of the affidavits as aforesaid, file an affidavit in answer and, within 24 hours after filing, deliver copies thereof to the person showing cause or to his solicitor.

(3) If any such affidavits are so filed and delivered, the person showing cause may, within a further 14 days, file and deliver copies of affidavits in reply.

(4) No affidavits shall be filed in rejoinder to the affidavits in reply without leave.

Decree absolute

34.—(1) An application by a spouse to make absolute a decree nisi pronounced in his favour may be made on any day after the expiration of the period fixed by the court for making the decree absolute.

(2) Upon the filing of the application, the Registrar shall cause a search of the court records to be satisfied —

(a)	that no appeal against the decree is pending;
(b)	that no order has been made by the Court of Appeal extending the time for appealing against that decree or if any such order has been made, that the time so extended has expired; and
(c)	that no appearance has been entered, or if appearance has been entered, that no affidavits have been filed within the time allowed for filing, by or on behalf of any person wishing to show cause against the decree being made absolute.

(3) An application referred to in paragraph (1) shall not be made —

(a)	before the hearing of all applications for ancillary relief has been concluded; or
(b)	after the expiration of one year from the date of the decree nisi or the expiration of 3 months from the date of the last hearing of the application for ancillary relief in the petition or answer, whichever is the later,

without the leave of the court.

(4) Upon the filing of the application, the court may make the decree absolute.

(5) An application by a spouse to make absolute a decree nisi pronounced against him shall be by summons on not less than 4 days’ notice.

(6) On any such application, the court may make such order as it thinks fit.

(7) A certificate, in accordance with Form 22 that the decree has been made absolute, shall be issued by the Registrar.

(8) The certificate shall be authenticated by affixing thereto the seal of the Registry of the Supreme Court.

Application by petitioner or respondent for ancillary relief

35.—(1) Any application by a petitioner or by a respondent who files an answer claiming relief for —

(a)	an order for maintenance; or
(b)	an order for the division of matrimonial assets,

shall be made in the petition or answer, as the case may be.

(2) Notwithstanding anything in paragraph (1), an application for ancillary relief which should have been made in the petition or answer may be made subsequently —

(a)	by leave of the court, either by summons or at the trial; or
(b)	where the parties are agreed upon the terms of the proposed order, without leave, at the trial.

(3) An application by a petitioner or respondent for ancillary relief, not being an application which is required to be made in the petition or answer, may be made by summons.

Application for ancillary relief after order of Magistrate’s Court

36. Where an application for ancillary relief is made while there is in force an order of a Magistrate’s Court for maintenance of a spouse or child, the applicant shall file a copy of the order on or before the hearing of the application.

Evidence on application for maintenance or division of assets

37.—(1) Where a husband or wife is served with a petition in which maintenance or an order for division of assets is claimed and enters an appearance, he or she shall, within 14 days after the expiration of the time limited for appearance, file an affidavit setting out full particulars of his or her property and income.

(2) If an affidavit is filed by a party under this rule, the other party shall, within 14 days after delivery of the affidavit, file an affidavit in reply thereto.

Evidence on application for division of assets or avoidance of disposition order

38.—(1) Where an application is made for an order for the division of assets, or an avoidance of disposition order, the application shall state briefly the nature of the division and shall, unless otherwise directed, be supported by an affidavit by the applicant stating the facts relied on in support of the application.

(2) The affidavit in support shall contain, so far as is known to the applicant, full particulars of —

(a)

in the case of an application for a transfer or settlement of property —

(i)	the property in respect of which the application is made; and
(ii)	the property to which the party against whom the application is made is entitled either in possession or reversion;

(b)

in the case of an application for an order for a variation of settlement order —

(i)	all settlements, whether antenuptial or postnuptial, made on the spouses; and
(ii)	the funds brought into settlement by each spouse; and

(c)

in the case of an application for an avoidance of disposition order —

(i)	the property to which the disposition relates; and
(ii)	the persons in whose favour the disposition is alleged to have been made, and in the case of a disposition alleged to have been made by way of settlement, the trustees and the beneficiaries of the settlement.

(3) Where an application for a division of assets or an avoidance of disposition order relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (2) —

(a)	state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number; and
(b)	give particulars, so far as is known to the applicant, of any mortgage of the land or any interest therein.

(4) An application under this rule together with a copy of the supporting affidavit shall be served on the following persons as well as on the respondent to the application:

(a)	in the case of an application for an order for a variation of settlement order, the trustees of the settlement and the settlor if living;
(b)	in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made; and
(c)	in the case of an application to which paragraph (3) refers, any mortgagee of whom particulars are given pursuant to that paragraph, and such other persons, if any, as the Registrar may direct.

(5) Any person served with notice of an application to which this rule applies may, within 14 days after service, file an affidavit in answer.

Evidence on application for variation order

39.—(1) An application for an order under section 118 or 119 of the Act shall be supported by an affidavit by the applicant setting out full particulars of his property and income and the grounds on which the application is made.

(2) The respondent to the application may, within 14 days after service of the affidavit, file an affidavit in answer.

Custody and access to children

40.—(1) The petitioner or the respondent spouse or guardian or any person who has obtained leave to intervene in the suit for the purpose of applying for custody or who has the custody or control of any child of the marriage under an order of the court, may after entering an appearance to the petition for this purpose, apply at any time either before or after final decree to a Judge for an order relating to the custody or education of the child or for directions that proper proceedings be taken for placing the child under the protection of the court.

(2) A petitioner may at any time after filing a petition under Part X of the Act and a respondent spouse may at any time after entering an appearance apply for access to any child of the marriage.

Information as to other proceedings relating to children

41. On any application under these Rules relating to any child of a marriage, there shall be filed a statement as to the nature of any proceedings relating to any such child that may be in progress in any court in Singapore or elsewhere.

Attachment and committal

42. An application for attachment or committal shall be made to a Judge, and any person attached or committed may apply to a Judge for his discharge.

Enforcement of orders

43.—(1) In default of payment to any person of any sum of money at the time appointed by an order of the court for the payment thereof, a writ of execution shall be sealed and issued as of course upon an affidavit of service of the order and of non-payment.

(2) A decree or an order requiring a person to do an act thereby ordered shall state the time within which the act is to be done.

(3) The copy to be served upon the person required to obey the decree or order shall be endorsed with a notice in accordance with Order 45, rule 7(4) of the Rules of Court (Cap. 322, R 5) and shall be served personally on that person or delivered to his solicitor, and the original or a copy thereof issued by the court shall be produced to the person or solicitor at the time of service.

(4) Where a party who has been ordered to lodge damages in court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Judge at any time to vary the order by directing the payment of the damages to an individual to be specified in the application.

(5) The Judge, if satisfied that in the circumstances it is just and equitable to do so, may vary the order for lodgment of damages accordingly upon an undertaking by that individual to lodge the damages in court or otherwise deal with the damages and when received as the Judge may direct, except that if the application is made after decree absolute the Judge may, if satisfied as aforesaid, dispense with the undertaking.

(6) Where a party who has been ordered to pay costs into court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Registrar to vary the order by directing payment to an individual to be specified in the application.

(7) The Registrar, if satisfied that in the circumstances it is just and equitable to do so, may vary the order accordingly, except that, if the application is made before decree absolute, the order shall only be made upon the individual undertaking to pay the costs into court as and when received.

Motion

44.—(1) Unless a Judge otherwise directs, and subject to these Rules, 5 clear days notice of any motion, other than an ex-parte motion, to be made to the court shall be served on all parties who may be affected by the proposed order.

(2) A copy of the notice so served shall be filed in the Registry of the Supreme Court, and the affidavits to be used in support of the motion and original documents referred to therein or intended to be used at the hearing of the motion shall at the same time be lodged in the Registry of the Supreme Court.

(3) Copies of all such affidavits or documents shall be delivered upon request to the parties who are entitled to be heard upon the motion.

Security for wife’s costs

45.—(1) At the hearing of an application for a commission or for letters of request or for the appointment of a special examiner to examine a party or witness who is outside the jurisdiction of the court, or at any time after such examination is granted, a wife who is a petitioner or who has entered an appearance to a petition may apply for security for her costs of and incidental to the examination.

(2) At any time after notice of trial has been given and prior to the hearing of the cause, a wife who is a petitioner or has filed an answer may apply for security for her costs of the cause up to the hearing and of and incidental to such hearing.

(3) Where an application for security has been made under this rule, the Registrar shall ascertain what is a sufficient sum of money to cover the costs of the wife, and if, after taking all the circumstances into account, including the means of the husband and the wife, he considers the husband should provide security for all or some of the wife’s costs, he may order the husband to pay the sum so ascertained, or some portion of it, into court, or to give security therefor within such time as he may fix and may direct a stay of the proceedings until such order is complied with.

(4) The bond taken to secure the costs of a wife under this rule shall be given to the Registrar and shall be filed and shall not be delivered out or sued upon without leave of the Registrar.

Costs against co-respondent, etc.

46. Costs directly referable to a decree nisi or decree absolute shall not be awarded against a co-respondent or party cited who has not filed an answer unless the court, after having given that party the opportunity to make submissions on the matter, otherwise orders.

Electronic filing and service of documents

47. Order 63A of the Rules of Court (Cap. 322, R 5) shall apply to the filing, service, lodgment, conveyance, delivery, issuance and signing of documents under these Rules.

Saving

48. Notwithstanding the revocation of the Women’s Charter (Matrimonial Proceedings) Rules (R 4, 1998 Ed.), the Women’s Charter (Parenting Plan) Rules (R 7, 1998 Ed.) and the Women’s Charter (Matrimonial Property Plan) (R 8, 2000 Ed.), the revoked Rules.

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