PART IIA
ACTIVITIES TO BE ATTENDED BEFORE MAKING
APPLICATION TO COURT FOR DIVORCE
[S 639/2018 wef 22/10/2018]
Prescribed party
8A.  For the purposes of section 46A of the Act and in this Part, “prescribed party” means a party to a marriage where at least one party to the marriage intends to file, or files, an application for a divorce in accordance with the Muslim law, on or after 22 October 2018.
[S 639/2018 wef 22/10/2018]
Prescribed activity
8B.—(1)  For the purposes of section 46A of the Act and in this Part, “prescribed activity” means —
(a)a marriage counselling programme; or
(b)both a marriage counselling programme and a parenting programme.
(2)  For the purposes of section 46A of the Act and in this Part, the applicable prescribed activity is —
(a)in relation to a prescribed party who does not have any dependent child of the parties — a marriage counselling programme; or
(b)in relation to a prescribed party who has at least one dependent child of the parties — both a marriage counselling programme and a parenting programme.
[S 639/2018 wef 22/10/2018]
Time for attending applicable prescribed activity
8C.  For the purposes of section 46A(1) of the Act —
(a)a prescribed party who wishes to make an application for a divorce in accordance with the Muslim law must attend the applicable prescribed activity before filing that application, but not earlier than 6 months before the date on which that application is filed; and
(b)a prescribed party who is a defendant in proceedings for a divorce in accordance with the Muslim law must attend the prescribed activity —
(i)if the prescribed party wishes to make a cross-application in those proceedings — before filing the cross-application; and
(ii)in any event —
(A)not earlier than 6 months before the date on which the originating summons in those proceedings is filed; and
(B)not later than 21 days after the date on which the originating summons in those proceedings is served on the prescribed party.
[S 639/2018 wef 22/10/2018]
Excluded party
8D.  A prescribed party is exempt from section 46A(1) of the Act, and is consequently an excluded party for the purposes of section 46A of the Act and this Part, if the prescribed party —
(a)lacks capacity within the meaning of section 4 of the Mental Capacity Act;
(b)suffers from any critical illness or terminal illness that renders it impracticable or impossible for the prescribed party suffering from that illness, or both that prescribed party and the other party to the marriage, to attend or complete the applicable prescribed activity;
(c)suffers from any physical disability or infirmity (such as any visual, auditory or speech impairment) that renders it impracticable or impossible for the prescribed party suffering that disability or infirmity, or both that prescribed party and the other party to the marriage, to attend or complete the applicable prescribed activity; or
(d)reconciles with the other party to the marriage during the period of iddah.
[S 639/2018 wef 22/10/2018]
Application under section 46A(4) of Act to be allowed to apply for divorce
8E.—(1)  An application by a prescribed party under section 46A(4) of the Act to be allowed to apply for a divorce in accordance with the Muslim law must be made by originating summons in Form 6A.
(2)  The applicant must file the originating summons together with a supporting affidavit —
(a)stating the particulars of the parties to the proceedings;
(b)stating the applicant’s reasons for not attending the applicable prescribed activity; and
(c)exhibiting a copy of each document relied on in support of the application.
(3)  Unless the Court otherwise directs, the originating summons and the supporting affidavit must be served on the respondent at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) relating to the originating summons.
(4)  The Court may allow the applicant to make an application for a divorce in accordance with the Muslim law on such terms as the Court thinks fit.
[S 639/2018 wef 22/10/2018]
Application under section 46A(4) of Act to be allowed to make cross-application for divorce
8F.—(1)  An application by a prescribed party under section 46A(4) of the Act to be allowed to make a cross-application in proceedings for a divorce in accordance with the Muslim law must be made by summons in those proceedings.
(2)  The applicant must file the summons together with a supporting affidavit —
(a)stating whether the applicant was informed, or was aware, that the applicant was required to attend the applicable prescribed activity;
(b)stating the applicant’s reasons for not attending the applicable prescribed activity;
(c)exhibiting a copy of each document relied on in support of the application; and
(d)if the summons is filed more than 2 months after the originating summons in the proceedings was served on the applicant, stating the applicant’s reason for not filing the summons within those 2 months.
(3)  Unless the Court otherwise directs, the summons and the supporting affidavit must be served on the plaintiff in the proceedings mentioned in paragraph (1) at least 7 days before the date of the first pre-trial conference or first hearing (whichever is earlier) in those proceedings.
(4)  The Court may allow the applicant to make a cross-application in the proceedings mentioned in paragraph (1) on such terms as the Court thinks fit.
[S 639/2018 wef 22/10/2018]