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LIFE&FAMILY
172
November14
Singapore Law
Solicitor GLORIA JAMES from Gloria James-Civetta & Co has UK
and US training in family law mediation. She explains new changes
to Singapore’s divorce laws, what to expect in the mediation process
and why that process is so important.
Tell us about the collaborative divorce approach in Singapore.
Collaborative family practice (CFP) is an approach to negotiations in matrimonial
disputes that start before court proceedings. The aim is to assist couples to reach
an agreement and avoid the acrimony of the litigation process. If settlement is not
reached, CFP lawyers cannot represent their clients in future litigation.
What are the steps involved?
The divorcing couple must each engage one of 19 qualified CFP lawyers from a
panel provided by the Singapore Mediation Centre. Both parties and their respective
lawyers undertake and sign an agreement not to go to court and a collaborative
family practice contract. Most of the CFP negotiations are face-to-face meetings
between the couples and their respective lawyers. There is no appointed mediator,
which is unique. Meetings alternate between the two CFP lawyers’ offices.
Once settlement has been reached, the CFP lawyers each draw up the divorce
papers and terms of settlement (consent order). These are filed to court for approval.
The consent order becomes the interim judgment in the divorce proceedings, with
final judgment obtained after three months.
What changes to divorce procedures are in the wings?
From 1 October, all divorcing couples with children under 21 years old are required
to attend mandatory counselling before the start of any divorce proceedings. This
change to the Family Justice Act was instituted to highlight the importance of co-
parenting, the practical issues involved, and the effects of divorce proceedings on
a child. It allows couples to reconsider the path of divorce. In the current system,
multiple judges oversee a divorce, but this will roll back to just one judge under
the new system.
Should evidence of an
extramarital affair be kept?
Yes. The standard of proof of divorce
based on adultery is high, and mere
suspicion is not enough. Direct and
circumstantial evidence is required,
such as a private investigator’s report
or a confession. Indirect evidence such
as emails, text messages between the
suspected adulterer and the third party,
or the existence of a child who is not that
of the spouse may also be relied on to
prove adultery.
Does proof of adultery have any
bearing on the divorce process
and outcome?
Yes. The adulterer and the third party will
be penalised by having to pay the legal
costs of the divorce proceedings and the
private investigator’s costs (if any). The
adulterer may also have compromised
his or her position in parental care. A
child’s welfare is the court’s first and
paramount consideration.
Singapore courts favour joint custody,
and adultery does not affect the
adulterer’s custodial rights. However,
maintenance, and the division of the
matrimonial assets, is based on the
principle of what is “just and equitable”
under the Women’s Charter.
Family mediation practitioners
are endorsed by the court system;
what is their role in the mediation
process?
A lawyer with accreditation and
certification in both mediation and CFP
can be engaged by disputing parties
to sit as a family mediator to help them
resolve their disputes. They focus on
helping negotiate in a respectful and
cooperative manner to achieve an
outcome that is in the best interests of
all. The lawyer can also be engaged
to act as a CFP lawyer on one party’s
behalf.
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Gloria James-Civetta & Co.
5 Coleman Street
#03-05/06 Excelsior Hotel Shopping
Centre
6337 0469 | gjclaw.com.sg
Divorce and