Women's Charter (Matrimonial Property Plan) Rules 1998

No. S 579

Women’s Charter

(Chapter 353)

Women’s Charter (Matrimonial Property Plan) Rules 1998

In exercise of the powers conferred on us by section 139 of the Women’s Charter, we, the Judges of the Supreme Court, hereby make the following Rules:

Citation, commencement and application

1.—(1) These Rules may be cited as the Women’s Charter (Matrimonial Property Plan) Rules 1998 and shall come into operation on 1st December 1998.

(2) These Rules shall apply only in respect of petitions under Part X of the Act which are filed on or after 1st January 1999.

Definitions

2. 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 under Part X of the Act in respect of their marriage is granted;

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

“CPF standard query” means a list of questions which parties to a marriage are required to ask the Central Provident Fund Board prior to the making and filing of a proposed matrimonial property plan;

“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;

“HDB standard query” means a list of questions which parties to a marriage are required to ask the Housing and Development Board prior to the making and filing of a proposed matrimonial property plan;

“Housing and Development Board” means the Housing and Development Board established under the Housing and Development Act;

“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 under Part X of the Act in respect of their marriage is granted.

Filing and service of agreed matrimonial property plan or proposed matrimonial property plan

3.—(1) Where a petition is intended to be filed under Part X of the Act and the petition discloses that there is an HDB matrimonial asset to be divided if the petition is granted, the petitioner shall, at the time the petition is filed, also file with the court —

(a)	an agreed matrimonial property plan in Form 1 as set out in the Schedule together with the written replies from the Housing and Development Board and the Central Provident Fund Board under paragraph (4); or
(b)	if the petitioner is unable for any reason to reach an agreement on a matrimonial property plan with the other party to the marriage, the proposed matrimonial property plan in Form 2 as set out in the Schedule, with the petitioner’s portion duly completed, together with the written replies from the Housing and Development Board and the Central Provident Fund Board under paragraph (5).

(2) Where at any time after the filing of the petition under Part X of the Act 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) (a) or (b) with the 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) Where at the time of filing the petition or after the filing of the petition a proposed matrimonial property plan is filed instead of an agreed matrimonial property plan, and the parties to the marriage subsequently enter into an agreed matrimonial property plan, the petitioner shall file the agreed matrimonial property plan with the court in Form 1 as set out in the Schedule —

(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.

(4) Prior to the filing of an agreed matrimonial property plan under paragraph (1) (a), (2) or (3), the petitioner shall serve a copy of the agreed matrimonial property plan on the Housing and Development Board and the Central Provident Fund Board, which shall, within one month of service, give a written reply to the petitioner as to whether they have any objection to the agreed matrimonial property plan and if there is any objection, the nature of the objection.

(5) Prior to the filing of a proposed matrimonial property plan under paragraph (1) (b) or (2), the petitioner shall serve —

(a)	the HDB standard query on the Housing and Development Board; and
(b)	the CPF standard query on the Central Provident Fund Board,

and the Housing and Development Board and the Central Provident Fund Board shall, within one month of service, give a written reply to the petitioner which contains the answers to the standard query.

(6) Where no written reply has been given by the Housing and Development Board or the Central Provident Fund Board within the time specified in paragraph (4) or (5), the petitioner may proceed with the filing of the petition without the written reply.

(7) Unless otherwise directed by the court, a petitioner who has filed the documents under paragraph (1) shall serve a copy of the documents personally on the respondent.

(8) Unless otherwise directed by the court, a petitioner who has filed the documents under paragraph (2) or (3) shall serve a copy of the documents on the respondent.

(9) A respondent who has been served with a proposed matrimonial property plan under paragraph (7) or (8) shall, within 2 months of service, reply to the proposed matrimonial property plan by filing with the court —

(a)	the proposed matrimonial property plan served on the respondent pursuant to paragraph (7) or (8), with the respondent’s portion duly completed; and
(b)	the written reply from the Central Provident Fund Board under paragraph (10).

(10) Prior to the filing of a proposed matrimonial property plan under paragraph (9), the respondent shall serve a copy of the CPF standard query on the Central Provident Fund Board which shall, within one month of service, give a written reply to the respondent which contains the answers to the standard query.

(11) Where no written reply has been given by the Central Provident Fund Board within the time specified in paragraph (10), the respondent may proceed with the filing of the proposed matrimonial property plan without the written reply.

(12) Unless otherwise directed by the court, the respondent shall serve a copy of all documents filed under paragraph (9) on the petitioner.

(13) Unless otherwise directed by the court, service of any document under paragraphs (8) and (12) shall be effected by delivering the document to the person to be served, or by leaving it at, or by sending it to him by pre-paid registered post to, his last known address.

Amendment of agreed matrimonial property plan

4.—(1) Either party to a marriage may amend or rescind an agreed matrimonial property plan filed with the court under rule 3 (1) (a), (2) or (3) by filing —

(a)	an amended agreed matrimonial property plan; or
(b)	a proposed matrimonial property plan, with the petitioner’s or the respondent’s portion, as the case may be, duly completed.

(2) Subject to paragraph (4) (b), prior to the filing of an amended agreed matrimonial property plan under paragraph (1) (a), the petitioner or the respondent, as the case may be, shall serve a copy of the amended agreed matrimonial property plan on the Housing and Development Board and the Central Provident Fund Board, which shall, within one month of service, give a written reply to the petitioner or the respondent, as the case may be, as to whether they have any objection to the proposed amendments, and if there is any objection, the nature of the objection.

(3) Subject to paragraph (4), the written replies of the Housing and Development Board and the Central Provident Fund Board under paragraph (2) shall be filed with the amended agreed matrimonial property plan.

(4) Where —

(a)	no written reply has been given by the Housing and Development Board or the Central Provident Fund Board within the time specified in paragraph (2); or
(b)	the written replies to the CPF standard query and the HDB standard query have previously been filed with the court,

the petitioner or the respondent, as the case may be, may proceed with the filing of the amended agreed matrimonial property plan without filing the written replies.

(5) Subject to paragraph (7) (b), prior to the filing of a proposed matrimonial property plan under paragraph (1) (b), the petitioner or the respondent, as the case may be, shall serve —

(a)	the HDB standard query on the Housing and Development Board; and
(b)	the CPF standard query on the Central Provident Fund Board,

and the Housing and Development Board and the Central Provident Fund Board shall, within one month of service, give a written reply to the petitioner or the respondent, as the case may be, which contains the answers to the standard query.

(6) Subject to paragraph (7), the written replies of the Housing and Development Board and the Central Provident Fund Board under paragraph (5) shall be filed with the proposed matrimonial property plan.

(7) Where —

(a)	no written reply has been given by the Housing and Development Board or the Central Provident Fund Board within the time specified in paragraph (5); or
(b)	the written replies to the CPF standard query and the HDB standard query have previously been filed with the court,

the petitioner or the respondent, as the case may be, may proceed with the filing of the proposed matrimonial property plan, without filing the written replies.

(8) Unless otherwise directed by the court, the party who has filed a copy of an amended agreed matrimonial property plan or a proposed matrimonial property plan under paragraph (1), shall serve a copy of the document, together with the replies of the Housing and Development Board and the Central Provident Fund Board, if any, on the other party to the marriage.

(9) A party to the marriage who has been served with a proposed matrimonial property plan under paragraph (8) shall, within 2 months of service or such other period as the court may direct, reply to the proposed matrimonial property plan by filing with the court —

(a)	the proposed matrimonial property plan served on the petitioner or the respondent, with the petitioner’s or the respondent’s portion, as the case may be, duly completed; and
(b)	a written reply from the Central Provident Fund Board under paragraph (11).

(10) Where —

(a)	no written reply has been given by the Central Provident Fund Board within the time specified in paragraph (11); or
(b)	a written reply from the Central Provident Fund Board to the CPF standard query has previously been filed with the court,

the petitioner or the respondent, as the case may be, may proceed with the filing of the proposed matrimonial property plan without the written reply.

(11) Prior to the filing of a proposed matrimonial property plan under paragraph (9), the petitioner or the respondent, as the case may be, shall serve a copy of the CPF standard query on the Central Provident Fund Board which shall, within one month of service, give a written reply to the petitioner or the respondent containing the answers to the standard query.

(12) Unless otherwise directed by the court, a party who has filed a proposed matrimonial property plan and the written reply from the Central Provident Fund Board under paragraph (9) shall serve a copy of all documents on the other party to the marriage.

(13) Unless otherwise directed by the court, service of documents referred to in paragraphs (8) and (12) shall be effected by delivering the document to the person to be served, or by leaving it at, or by sending it to him by pre-paid registered post to, his last known address.

Amendment of proposed matrimonial property plan

5.—(1) Either party to a marriage may amend a proposed matrimonial property plan filed with the court under rule 3 (1) (b), (2) or (9), 4 (1) (b) or (9) by filing an amended proposed matrimonial property plan.

(2) Unless otherwise directed by the court, a party who has filed an amended proposed matrimonial property plan under paragraph (1) shall serve a copy of the document on the other party to the marriage.

(3) Unless otherwise directed by the court, service of documents referred to in paragraph (2) shall be effected by delivering the document to the person to be served, or by leaving it at, or by sending it to him by pre-paid registered post to, his last known address.

CPF standard query and HDB standard query

6. The CPF standard query and the HDB standard query shall be in such form as the Registrar may require.

Application for dispensation and for time to be abridged, etc.

7. The court may, in an appropriate case —

(a)	dispense with the filing of the written reply of the Housing and Development Board or the Central Provident Fund Board; or
(b)	abridge the time within which the Housing and Development Board or the Central Provident Fund Board shall give a written reply,

under rules 3(4), (5) and (10) and 4(2), (5) and (11).

Making of orders under section 112 of the Act

8. The court may, in making an order under section 112 of the Act, adopt the whole or any part of the agreed matrimonial property plan or proposed matrimonial property plan as amended under rule 4 or 5, as the case may be, either with no modification or with such modification as the court thinks fit.

Application of Rules of Court

9.—(1) Subject to the provisions of these Rules and of any written law, the Rules of Court shall apply, with the necessary modifications, to the filing and service of a document under these Rules.

(2) Rules 9(4) and (5), 10(1) and 13 of the Women’s Charter (Matrimonial Proceedings) Rules (R 4) shall apply to the service of a copy of an agreed matrimonial property plan, a proposed matrimonial property plan or any other document as they apply to the service of a copy of a petition.

(3) Rule 13 of the Women’s Charter (Matrimonial Proceedings) Rules (R 4) shall apply to the service of any document referred to in rules 3(7), (8) and (12), 4(8) and (12) and 5(2) as it applies to the service of any document under the Women’s Charter (Matrimonial Proceedings) Rules.

Forms

10. The Forms as set out in the Schedule shall be used with such variations as the circumstances of the particular case require.

Made this 23rd day of November 1998.

YONG PUNG HOW

Chief Justice.

LAI KEW CHAI

Judge.

JUDITH PRAKASH

Judge.

[27U/94; AG/LEG/SL/353/98/1 VOL. 1]

(To be presented to Parliament under section 139(3) of the Women’s Charter).

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