This library guide collates relevant resources relating to ancillary matters concerning the division of matrimonial assets in a divorce. Ancillary matters also include other issues such as custody, care and control of children, and maintenance, but the focus here will be on division of matrimonial assets.
The law of division of matrimonial assets is statutory in origin, and its application is generally made ancillary upon the main application for divorce, judicial separation or nullity of marriage. Such powers of the Court to order for the division and sale of matrimonial assets upon termination of marriage lie under Part X, s 112 of the Women's Charter (Cap 353, 2009 Rev Ed). Both civil courts and the Syariah Court have concurrent jurisdiction over the division of matrimonial property for Muslim spouses, though the latter follows similar statutory guidelines found in AMLA's s 52(14).
The general principle underpinning the power of division is suggested by the author as a 'deferred community of property':
Two major issues arise with respect to the division of matrimonial assets:
(10) In this section, “matrimonial asset” means —
(a) any asset acquired before the marriage by one party or both parties to the marriage —
(i) ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or
(ii) which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
(b) any other asset of any nature acquired during the marriage by one party or both parties to the marriage,
but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.
Source: Leong Wai Kum, Elements of Family Law, 3rd Ed (2018))
Ancillary Matters (including Divison of Matrimonial Assets)
Family Justice Courts - Divorce
According to the Family Justice Courts of Singapore, ancillary matters form the second stage of divorce proceedings.The first stage pertains to the termination of marriage through divorce proceedings (read more). An overview of the second stage is provided.
In sum, the applicant will:
Explains the process to reaching settlement in relation to the divorce and ancillary matters such as nafkah iddah, mutaah, custody of children and division of matrimonial property.
FAQs on Muslim Divorce (Syariah Court)
Answers to steps for an application for Muslim divorce and other family-related matters. See in particular the section on Ancillaries.
1. Family Justice Courts (FJC)
The Family Justice Courts (FJC) are established pursuant to the Family Justice Act in 2014 and restructured the family justice system by bringing together all family-related work under a specialised body of courts.
Add: Divorce Registry, Level 3, Family Justice Courts @ Havelock, No. 3 Havelock Square. Singapore 059725
Contact: Write To Us
Tel: (65) 6435 5398 (Writ for Divorce) ; (65) 6435 5473 (Originating Summons)
2. Legal Aid Bureau
The Legal Aid Bureau advances access to justice for applicants with limited means, including providing legal representation and advice, as set out in the Legal Aid and Advice Act.
Add: Ministry of Law Services Centre, 45 Maxwell Road, #07-11 The URA Centre (East Wing), Singapore 069118
Contact: Contact Us@OneMinLaw
Tel: 1800 2255 529 (1800-CALL-LAW)
3. Family Mediation Services
4. Syariah Court of Singapore
The Syariah Court has jurisdiction over judicial proceedings relating to Muslim marriages and divorce, and ancillary matters, pursuant to s 35 of the Administration of Muslim Law Act.
Add: Family Link @ Lengkok Bahru 8, Lengkok Bahru, #03-01 Singapore 159052
Tel: (65) 63548371 (Hotline)
Refer to the following statutes and related subsidiary legislation on Singapore Statutes Online:
Practice Directions and Circulars
Refer to the Family Justice Courts: Legislation page for a list of Rules, Practice Directions, Circulars and amendments.
Leong, Wai Kum. Singapore : LexisNexis, 2018.
Ong, Debbie Siew Ling. Singapore : Academy Publishing, 2015.
Valerie Thean JC, editor-in-chief. Singapore : Sweet & Maxwell/Thomson Reuters, 2016.
Leong, Wai Kum. Singapore : Institute of Southeast Asian Studies, 2011.
Randolph Khoo and Hoon Shu Mei, Drew & Napier LLC (published in Practical Law)
Singapore : Syariah Law Forum Organising Committee, National University of Singapore, 2017.
Created by the Law Society Pro-Bono Services
Chapter III contains information on:
Published by the Law Society of Singapore, this book contains detailed guidance to volunteer lawyers.
The family law section contains information on divorce, nullity and ancillary matters.
If a password is required for access, NUS Law students may request it from the Centre for Pro Bono & Clinical Legal Education (email@example.com).