Report of the Law Reform Committee on Ancillary Orders after Foreign Divorce or Annulment

• Main Authors: SINGH, Aqbal, ONG, Debbie, TAN, Yock Lin, YEO, Tiong Min
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2009
• Subjects: Divorce; marriage; Annulment; Asian Studies; Family Law; Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/1654; https://ink.library.smu.edu.sg/context/sol_research/article/3606/viewcontent/P_ID_53175_LRConAncillaryOrdersForeignDivorceorAnnulment_July2009_.pdf
• Institution: Singapore Management University

A matrimonial order of divorce, nullity or legal separation is often followed by ancillary orders relating to division of matrimonial property, custody of children and maintenance. Under Singapore law, many of the court’s powers in respect of these types of orders depend on the court having jurisdiction to pronounce on the status of the marriage. If an order made by a foreign court is recognised to have annulled or dissolved the marriage, then it is not possible for the Singapore court to assume jurisdiction in respect of the marriage; there is no marriage to speak of anymore. The legal consequence is that the court will lack certain crucial powers to grant ancillary orders. The size of the problem caused by this lacuna in the law depends on a number of factors.