2 in 3 divorces in Singapore uncontested in 2023 after launch of simplified track in 2015

Source: Straits Times
Article Date: 08 Nov 2024
Author: Theresa Tan

Mediation, counselling effective in taking the sting out of divorce proceedings: Chief Justice

Only a minority of divorcing couples fight their case in a contested hearing in court, which shows that mediation and counselling have been effective in taking the sting out of divorce proceedings, said Chief Justice Sundaresh Menon.

In 2023, two in three divorce cases, or 66 per cent, were filed on the simplified track for divorce proceedings, where both husband and wife agree on all issues related to the divorce and ancillary matters, such as child custody and maintenance. This is up from 24 per cent in 2015, when the simplified track was launched, said the Chief Justice at the Asian Family Conference at Marina Bay Sands Expo and Convention Centre on Nov 7. The event was organised by the Ministry of Social and Family Development and Singapore University of Social Sciences.

He said that compared with the non-simplified track, the simplified track is designed to be a much quicker and less costly process where the couple do not need to attend court hearings, adding that it has been a “resounding success”.

For cases “that do not proceed on the simplified track, only about 8 per cent of the total number of divorce applications proceed to a contested hearing”, he said.

Chief Justice Menon described the introduction of the simplified track as the most notable change when it comes to procedural reforms, where processes are designed to encourage and maximise the chances for those involved to resolve their issues amicably.

In his 30-minute speech, he spoke about the unique nature of family justice, which deals with “deeply personal issues that lie at the heart of what we value and hold most dear and which generate powerful emotions that may overwhelm rational thinking and behaviour”.

Family cases are also unlike the typical civil cases where the parties involved can “walk away” from one another after the dispute has been settled. Hence, the issues cannot be resolved by one-off remedies such as monetary damages in civil cases, but require sustainable solutions as family members are involved, he said. Besides, research has shown that the conflict between parents arising from divorce proceedings may result in long-term consequences for the children.

The Chief Justice noted that Singapore’s family justice system aims to help those involved find sustainable and mutually acceptable solutions to their legal issues. And as much as possible, it also hopes to address – with the help of multidisciplinary teams such as those involving counsellors and other social service professionals – the causes that had led to these problems in the first place.

To this end, the Family Justice Courts (FJC) has adopted therapeutic justice, which Chief Justice Menon described as the most significant and consequential change in the family justice system.

Therapeutic justice is a non-adversarial process that seeks to solve problems and help parents learn to manage their conflicts and engage in co-parenting.

Looking ahead, Chief Justice Menon called for greater collaboration between family courts around the world and highlighted the need to improve the accessibility of family justice. For the latter point, this is needed as there is a significant number of people who do not hire a lawyer to represent them in family disputes, among other reasons.

Hence, the FJC started initiatives such as the simplified track for divorces, and individuals filing under the simplified track can also generate and file the documents needed for their divorce through an online platform. And as more divorces involve a Singaporean and a foreigner, this has led to more family issues with a cross-border element. The percentage of divorces involving at least one foreign spouse increased from 33 per cent in 2011 to 41 per cent in 2018, he said.

To bring about greater collaboration, the courts have to articulate the common values and aspirations that will shape the development of international family justice, and communicate and cooperate with other courts and stakeholders, he said.

For example, in 2021, a working group of the Council of Asean Chief Justices adopted a non-binding protocol that enables communication between designated points of liaison for cross-border disputes involving children in the Asean region. These designated contact points can arrange for mediation to resolve the dispute, Chief Justice Menon added.

Eden Law Corporation managing director June Lim said that for a divorce filed under the non-simplified track that leads to a contested hearing, it would take at least a year from the time the divorce is filed to the hearing in court where a judge would decide on matters relating to the divorce.

And this would involve multiple visits to the lawyer’s office, preparation of affidavits and other evidence, which adds to the legal fees. Lawyers will also have to present their arguments at the court hearing, which could span a few sessions. The couple also have to be present at their divorce trial.

However, it takes only a fraction of the time and cost to file under the simplified track, and as little as just one visit to the lawyer’s office to discuss the divorce, so that the lawyer can then file for the divorce.