[WEBINAR] Family Conference 2020

Session 4: Recognition and Enforcement of Foreign Judgments Relating to Financial Reliefs in Matrimonial Proceedings

Moderator

Yap Teong Liang – Director, T L Yap Law Chambers LLC

Panellists

Engelin Teh, SC – Managing Director, Engelin Teh Practice LLC

Dr Michael Hwang, SC – Director, Michael Hwang Chambers LLC

Tim Amos, QC – Barrister, Mediator and Head of Chambers, QEB Queen Elizabeth Building, London

With international divorces become increasingly common, the question arises as to whether a foreign judgment relating to financial reliefs such as maintenance and property orders can be enforced in Singapore. While the Maintenance Order (Reciprocal Enforcement) Act (Cap 169) provides for the recognition and enforcement of foreign maintenance orders, there is no statutory equivalent in relation to foreign property orders. How then can the division of matrimonial properties situated in Singapore be divided in a foreign divorce? This “gap” in the law was filled by the introduction of Chapter 4A of Part X of the Women’s Charter in 2011. Our panel will be sharing their views on the recent case of UFN v UFM [2019] SGCA 54, where the Court of Appeal considers for the first time the application of Chapter 4A and how the provisions should be applied. This panel will also discuss if the enforcement of foreign orders for financial reliefs in matrimonial proceedings can be achieved through the application of common law or the Reciprocal Enforcement of Foreign Judgments Act (Cap 169). Finally, in the event of a Singapore divorce, how would the courts of England and Wales deal with a Singapore judgment on financial reliefs? This session will consider issues including whether the term “maintenance” in an enforcement context includes enforcing orders of a capital nature (including pension shares) and considerations of maintenance “needs” as distinct from sharing of marital acquest or other property-based right. There will also be a short excursus on the impact of the UK leaving the EU on the effective reciprocal enforcement of divorce decisions and related maintenance decisions.