Chapter 4A —Financial relief consequential on foreign matrimonial proceedings
—(1) In this Chapter, unless the context otherwise requires —
“applicant” means the person who applies for an order for financial relief;
“country” includes a territory;
“judicial or other proceedings” includes acts which constitute the means by which a divorce, an annulment of marriage or a legal separation may be obtained in a country and which are done in compliance with the law of that country;
“matrimonial asset” has the same meaning as in section 112(10);
(2) This Chapter shall only apply to proceedings, decrees, orders or judgments commenced, made or given, as the case may be, on or after the date of commencement of section 12 of the Womenʼs Charter (Amendment) Act 2011.
121B. Where —
a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, by means of judicial or other proceedings in a foreign country; and
the divorce, annulment or judicial separation is entitled to be recognised as valid in Singapore under Singapore law,
either party to the marriage may apply to the court in the manner prescribed in the rules made by the committee constituted under section 139 for an order for financial relief under this Chapter.
121C. The court shall have jurisdiction to hear an application for an order for financial relief only if —
one of the parties to the marriage was habitually resident in Singapore for a continuous period of one year immediately preceding the date of the application for leave under section 121D or was so resident for a continuous period of one year immediately preceding the date on which the divorce, annulment or judicial separation obtained in a foreign country took effect in that country.
—(1) No application for an order for financial relief shall be made unless the leave of the court has been obtained in accordance with the rules made by the committee constituted under section 139.
(2) The court shall not grant leave unless it considers that there is substantial ground for the making of an application for such an order.
(3) The court may grant leave under this section notwithstanding that an order has been made by a court of competent jurisdiction in a foreign country requiring the other party to the marriage to make any payment or transfer any matrimonial asset to the applicant or a child of the marriage.
(4) Leave under this section may be granted subject to such conditions as the court thinks fit.
—(1) Where leave is granted under section 121D and it appears to the court that the applicant or any child of the marriage is in immediate financial need, the court may make an interim order for —
a man to make financial provision for his wife or former wife, as the case may be, or any child of the marriage; or
a parent to make financial provision for any child of the marriage.
(2) An interim order under subsection (1) may be made for such term, being a term beginning not earlier than the date of the grant of leave and ending with the date of the determination of the application for an order for financial relief, as the court thinks reasonable.
—(1) Before making an order for financial relief, the court shall consider whether in all the circumstances of the case, it would be appropriate for such an order to be made by a court in Singapore, and if the court is not satisfied that it would be appropriate, the court shall dismiss the application.
(2) The court shall, in particular, have regard to the following matters:
the connection which the parties to the marriage have with Singapore;
the connection which those parties have with the country in which the marriage was dissolved or annulled or in which judicial separation was obtained;
the connection which those parties have with any other foreign country;
any financial benefit which the applicant or a child of the marriage has received, or is likely to receive, in consequence of the divorce, annulment or judicial separation, by virtue of any agreement or the operation of the law of a foreign country;
in a case where an order has been made by a court of competent jurisdiction in a foreign country requiring the other party to the marriage to make any payment or transfer any property for the benefit of the applicant or a child of the marriage, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with;
any right which the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any foreign country, and if the applicant has omitted to exercise that right, the reason for that omission;
the availability in Singapore of any matrimonial asset in respect of which an order made under section 121G in favour of the applicant could be made;
the extent to which any order made under section 121G is likely to be enforceable; and
the length of time which has elapsed since the date of the divorce, annulment or judicial separation.
—(1) On an application by a party to a marriage for an order for financial relief, the court may make any one or more of the orders which it could have made under section 112, 113 or 127(1) in the like manner as if a decree of divorce, nullity or judicial separation in respect of the marriage had been granted in Singapore.
(2) Sections 112(2) to (10), 114 to 121 and 127(2) shall apply, with the necessary modifications, and as appropriate, to an order made under subsection (1).