Women’s Charter |
Women’s Charter (Matrimonial Proceedings) Rules |
R 4 |
G.N. No. S 854/2005 |
REVISED EDITION 2006 |
(5th June 2006) |
[5th June 2006] |
Citation and application |
1.—(1) These Rules may be cited as the Women’s Charter (Matrimonial Proceedings) Rules.
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Definitions |
Application of Rules of Court |
3.—(1) Subject to these Rules and 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.
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Application for leave to file writ |
4.—(1) An application under section 94 of the Act for leave to file a writ for divorce before 3 years have passed since the date of the marriage shall be made by originating summons in accordance with Form 1.
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Commencement of proceedings, etc. |
5.—(1) All proceedings for divorce, presumption of death and divorce, judicial separation, nullity of marriage, or rescission of a judgment of judicial separation shall be commenced by filing a writ in Form 3.
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Duration and renewal of writ, etc. |
6.—(1) For the purposes of service, a writ is valid in the first instance for 12 months beginning with the date of its issue.
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Statement of claim |
7.—(1) The plaintiff shall file, together with a writ —
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Parenting plan |
8.—(1) Where a writ for divorce, presumption of death and divorce, judicial separation or nullity of marriage discloses that there is any dependent child of the marriage, the plaintiff shall file, together with the writ —
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Matrimonial property plan |
9.—(1) Where a writ for divorce, judicial separation or nullity of marriage discloses that there is an HDB matrimonial asset to be divided, the plaintiff shall file, together with the writ —
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Co-defendant and person named in statement of claim |
10.—(1) Subject to paragraph (2), where a statement of claim alleges that the defendant has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a co-defendant in the action unless —
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Service of writ, etc. |
11.—(1) Unless the court directs otherwise —
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Service out of jurisdiction |
12.—(1) Any writ, originating summons, summons or other document in proceedings under Part X of the Act may be served out of the jurisdiction without leave and, except as aforesaid, the procedure with regard thereto shall conform as nearly as may be to the procedure in the like case under the Rules of Court (Cap. 322, R 5).
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Proof of service |
13. Unless the court directs otherwise, and except where service has been dispensed with under rule 15, a writ shall not proceed to trial or hearing unless the defendant, every co-defendant and every person named in the statement of claim who is required under rule 10(3), or whom the court has directed under rule 10(4), to be served with the writ —
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Service of other documents |
14.—(1) Except as provided in these Rules, Order 62, Rule 6 of the Rules of Court (Cap. 322, R 5) shall apply to the service of any document in proceedings under Part X of the Act.
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Dispensation with service |
15.—(1) The court may, in an appropriate case, dispense with the service of any writ, originating summons, summons or other document on any person.
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Entry of appearance |
16.—(1) A defendant, co-defendant or person named in a statement of claim who has been served with a writ may enter an appearance in the proceedings and defend it by a solicitor or in person.
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Consent to grant of judgment of divorce |
17.—(1) Where, before the hearing of an action for divorce alleging that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the defendant consents to a judgment being granted, the defendant wishes to notify the court that he consents to the grant of a judgment, he must do so by filing his written consent in court.
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Defence and counterclaim, etc. |
18.—(1) A defendant who has entered an appearance in the proceedings and who wishes to defend all or any of the allegations made in the statement of claim shall, within 14 days after the expiration of the time limited for the entry of such appearance, file a defence in Form 12.
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Reply and other pleadings |
19.—(1) The plaintiff may file a reply or a reply and defence to counterclaim within 14 days from the service of the defence or the defence and counterclaim, as the case may be.
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Contents and delivery of defence and subsequent pleadings |
20.—(1) Where a defence, reply, defence to counterclaim or pleading subsequent to a reply contains more than a simple denial of the facts stated in the statement of claim, defence, counterclaim 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.
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Particulars |
21.—(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.
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Amendment of writ, originating summons, pleadings, etc. |
22.—(1) A writ, statement of claim or statement of particulars may be amended without leave before service but only with leave after service.
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Withdrawal and discontinuance |
23.—(1) A party who has entered an appearance in any action under Part X of the Act may withdraw the appearance at any time with the leave of the court.
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Discovery, inspection of documents and interrogatories |
24.—(1) Orders 24, 26 and 26A of the Rules of Court (Cap. 322, R 5) shall apply, with the necessary modifications, to any defended proceedings commenced by writ or originating summons under Part X of the Act, except in relation to any claim for ancillary relief in those proceedings.
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Discovery in respect of ancillary relief |
25.—(1) Subject to paragraph (9) and rule 35, the court may, at any time, on the application of any party to an action or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application, or any class of documents so specified or described, is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it.
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Duty to give discovery continues throughout proceedings |
26. After the making of any order under rule 25, the party required to give discovery under the order shall remain under a duty to continue to give discovery of all documents falling within the ambit of the order until the proceedings in which the order was made are concluded. |
Inspection of documents in respect of ancillary relief |
27.—(1) Any party to an action or matter shall be entitled at any time to serve a notice, in such form as the Registrar may direct, on any other party in whose pleadings or affidavits reference is made to any document, requiring the other party to produce that document for the inspection of the party giving the notice and to permit him to take copies thereof.
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Order for production of documents for inspection |
28.—(1) If a party who is served with a notice under rule 27(1) —
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Production of business books |
29.—(1) Where the production of any business books for inspection is applied for under rule 28, the court may, instead of ordering the production of the original books for inspection, order a copy of any entries therein to be supplied and verified by an affidavit of some person who has examined the copy with the original books.
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Restriction on use of privileged document, inspection of which has been inadvertently allowed |
30. Where a party inadvertently allows a privileged document to be inspected, the party who inspected it may use it or its contents only if the leave of the court to do so is first obtained. |
Interrogatories in respect of ancillary relief |
31.—(1) A party to any proceedings under Part X of the Act may serve interrogatories on any other party to the proceedings, in such form as the Registrar shall direct, setting out in respect of each interrogatory the reasons for requesting the interrogatory.
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Objections and insufficient answers to interrogatories |
32.—(1) Where a person objects to answering any interrogatory on the ground of privilege, he may take the objection in his answer.
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Discovery and interrogatories against other person |
33.—(1) An application after the commencement of proceedings for an order for the discovery of documents to be given, or for an order for interrogatories to be answered, by a person who is not a party to the proceedings shall be made by summons.
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Order for determination of issue, etc., before discovery, inspection or interrogatories |
34. Where, on an application for an order for discovery, inspection or interrogatories, it appears to the court that any issue or question in the action or matter should be determined before any discovery of documents or inspection is, or answers to interrogatories are, given by the parties, the court may order that issue or question to be determined first. |
Discovery, inspection and answers to interrogatories to be ordered only if necessary |
35. On the hearing of any application for an order under rule 25, 26, 27, 28, 29, 30, 31, 32 or 33, the court may, if satisfied that discovery, inspection or answers to interrogatories are not necessary, or not necessary at that stage of the action or matter, dismiss or, as the case may be, adjourn the application, and shall in any case refuse to make such an order if and so far as it is of the opinion that the discovery, inspection or answers to interrogatories are not necessary either for disposing fairly of the cause or matter or for saving costs. |
Order for production to court |
36.—(1) At any stage of the proceedings in any action or matter the court may, subject to rule 37, order any party to produce to the court any document in his possession, custody or power that falls within one of the following descriptions:
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Failure to comply with order for discovery, inspection or interrogatories, etc. |
37.—(1) If any party fails to comply with any provision in rules 25, 26, 27, 28, 29, 30, 31, 32, 33 and 36, or with any order made under those rules, or both, as the case may be, then, without prejudice to rule 28(1), the court may make such order as it thinks just.
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Revocation and variation of orders |
38. Any order made under rules 25, 26, 27, 28, 29, 30, 31, 32, 33 and 36 (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the court made or given at or before the trial of the action or matter in connection with which the original order was made. |
Document disclosure of which would be injurious to public interest: Saving |
39. Rules 25, 26, 27, 28, 29, 30, 31, 32, 33 and 36 shall be without prejudice to any rule of law which authorises or requires the withholding of any document or information on the ground that the disclosure of that document or information would be injurious to the public interest, or against the interests of justice. |
Medical examination |
40.—(1) In an action for nullity of marriage on the grounds of impotence or incapacity, the plaintiff shall, after a defence has been filed, or if no defence has been filed or appearance entered to the proceedings, after the expiration of the time allowed for filing a defence 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.
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Examination of children |
41.—(1) After proceedings have been commenced under Part X of the Act, a party shall not, without the leave of the court, cause a child to be examined or assessed by any psychologist, psychiatrist, counsellor or other social work professional or mental health professional for the purpose of the preparation of expert evidence for use in the proceedings for ancillary relief involving the custody and welfare of the child.
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Evidence |
42.—(1) Subject to paragraph (2), unless the court directs otherwise, 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 an action commenced by writ under Part X of the Act.
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Trial of issues |
43. A Judge may direct, and a plaintiff 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. |
Mode of trial |
44.—(1) A trial of any proceedings for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be, shall be heard and determined in open court.
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Setting down for trial |
45.—(1) The plaintiff shall set the action down for hearing by filing a notice in Form 22 within 14 days after the expiry of the time for the filing of the last pleading or within such other time as the court may direct.
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Right of defendant to be heard |
46. After entering an appearance, a defendant may, without filing a defence, be heard in respect of any question as to costs and any question of custody of or access to any child of the marriage. |
Intervention by Attorney-General |
47.—(1) When the Attorney-General desires to show cause against making final an interim judgment, he shall —
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Intervention by person other than Attorney-General |
48.—(1) When any person, other than the Attorney-General, desires to show cause against making final an interim judgment, he shall —
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Application by plaintiff or defendant for ancillary relief |
49.—(1) Any application by a plaintiff, or by a defendant who files a defence claiming relief, for —
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Application for ancillary relief after order of Magistrate’s Court |
50. 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. |
Filing of Affidavit of Assets and Means |
51.—(1) Where a defendant is served with a writ in which maintenance or an order for division of matrimonial assets is claimed and enters an appearance, the defendant shall, if the court so orders, file an Affidavit of Assets and Means in such form as the Registrar may direct, within such period as the court directs.
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Evidence in proceedings for division of matrimonial assets or avoidance of disposition |
52.—(1) The affidavit filed in support of proceedings for the division of matrimonial assets or an avoidance of disposition shall contain, so far as is known to the deponent —
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Application for order to vary order on ancillary relief |
53.—(1) An application to vary an order made in proceedings for ancillary relief shall be made by way of summons.
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Evidence on application for variation order |
54.—(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.
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Custody of and access to children |
55.—(1) The plaintiff or the defendant spouse or guardian, or any person who has obtained leave to intervene in the action, 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 (where applicable) to the writ for this purpose, apply at any time either before or after final judgment 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.
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Information as to other proceedings relating to children |
56. 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 that child which may be in progress in any court in Singapore or elsewhere. |
Appeal |
57. An appeal shall be made to the Court of Appeal. |
Form of judgment and order |
58.—(1) A judgment shall be in Form 23 or 24 and shall be issued by the Registrar upon the application of either party to the marriage.
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Final judgment |
59.—(1) An application by a party to make final an interim judgment pronounced in his favour may be made on any day after the expiration of the period fixed by the court for making the judgment final.
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Enforcement of orders |
60.—(1) Subject to the provisions of these Rules and of any other written law, a judgment or order may be enforced in accordance with the provisions in the Rules of Court (Cap. 322, R 5) for the enforcement of judgments and orders.
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Attachment and committal |
61. An application for attachment or committal shall be made to a Judge, and any person whose assets are attached or who is committed may apply to a Judge for the discharge of the order for attachment or committal. |
Security for costs |
62.—(1) On the application of a party to proceedings under Part X of the Act, if, having regard to all the circumstances of the case, the court thinks it just to do so, the court may order any other party to the proceedings to give such security for the applicant’s costs of the proceedings, at any stage of the proceedings, and up to any stage of the proceedings, as the court thinks fit.
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Costs against co-defendant, etc. |
63. Costs directly referable to an interim judgment or final judgment shall not be awarded against a co-defendant or defendant in counterclaim who has not filed a defence unless the court, after having given that party the opportunity to make submissions on the matter, otherwise orders. |
Electronic filing and service of documents |
64. 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. |
Fees in matrimonial proceedings |
65.—(1) The fees chargeable in respect of matrimonial proceedings under the Act shall be as specified in —
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Fees on appeals in matrimonial proceedings |
66. The fees chargeable in respect of appeals to the Court of Appeal in matrimonial proceedings shall be as specified in items 126 to 130 of Appendix B of the Rules of Court. |
Savings |
67. Notwithstanding the revocation of the Women’s Charter (Matrimonial Proceedings) Rules (R 4, 2004 Ed.) and the Women’s Charter (Matrimonial Proceedings — Fees) Rules (R 5, 2004 Ed.), the revoked Rules shall continue to apply to proceedings under Part X of the Act commenced before 1st April 2006 as if those Rules had not been revoked. |