Collaborative Divorce

collaborative divorce This article is written by Rajan Chettiar (an affiliate of PracticeForte Advisory) and was first published the Asian Journal on Mediation. This article explores the use of collaborative practice as opposed to litigation to help divorcing couples to reach an out of court settlement. It discusses how a collaborative divorce would work and the roles of the people involved in the process. The article then makes a comparison between collaborative practice, mediation, and litigation in the context of divorce proceedings. By assessing the advantages and disadvantages of a collaborative divorce, this article makes a case for collaborative divorces. The article then examines the experiences of the US, Canada, Australia, and Hong Kong and discusses how collaborative practice can…

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Are Parents Always Liable for Their Children’s Maintenance?

Are parents always liable for their children's maintenance? This article was written by Eric Lip and Emelia Kwa, associates at OTP Law Corporation. Both passages below are a fictional re-telling of the facts of the case, to provide each party’s possible perspectives. UYT v UYU - Are parents always liable for their children’s maintenance?A son’s thoughts My parents divorced when I was 8 years old. Back then, they had decided that my dad wouldn’t have to support me financially. For the rest of my life, my mum was the one who single-handedly raised me and supported me, without any help from my dad. Over the years, my dad began life anew and remarried. I now have two step-brothers. My dad…

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A Thankful Attendee of the Cross-Border Mediation Masterclass

A Thankful Attendee of the Cross-Border Mediation Masterclass This article is written by Chloe Chua Kay Ee - National University of Singapore, Faculty of Law On 16 October 2019, a couple of friends and I attended the Cross-Border Mediation Masterclass jointly organised by PracticeForte, ALSA Singapore and SMU Law International Relations Club. As final year law students who are keen on going into family law, this 4-hour workshop was deeply enriching and beneficial to us. Furthermore, it managed to be what most typical law classes have failed to be, it was fun! The Masterclass could be broadly categorised into 2 categories – the seminars, which equipped us with the fundamentals of cross-border mediation and gave us insight into practical experiences,…

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Recognition of Foreign Divorce In The Philippines: What You Need To Know

RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES: WHAT YOU NEED TO KNOW This article is written by PracticeForte foreign affiliate member Apolinario L. Caymo II Many Filipinos divorced abroad make the mistake of remarrying without first going through the formalities required by Philippine law. While a divorce abroad dissolves that marriage in that country, this does not mean that the Filipino/Filipina divorcee automatically has the right to marry again under Philippine law. To avoid future inconveniences for divorced Philippine citizens, LEGAL One tackles the most common questions about judicial recognition of foreign divorce decrees. 1. Q: I am a Philippine citizen who obtained a divorce decree in a foreign country. Can I now legally marry under Philippine law? A: No.…

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Adopting the Peace Approach in the interest of the Child

Adopting the peace approach for the interest of the child This article is written by Nur Shukrina Bte Abdul Salam, an intern of OTP Law Corporation and Emelia Kwa, an associate of OTP Law Corporation When families go through disputes, be it over a divorce matter, an inheritance matter, or any other family-related conflict, it can get very acrimonious due to the personal nature of the issues. This is especially so when parties are involved in litigation, where parties perceive there to be a ‘winner’ and a ‘loser’. Consequently, parties go on the offensive to protect themselves. It is an incredibly stressful process that takes a toll on everyone involved, with little or no hope of peace between them, even…

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Litigation & Mediation: The Hybrid Method

litigation & mediation: the hybrid method This article is a follow-up to our series on the different ways divorce can be settled. This article was written by Daryl Er, an intern of OTP Law Corporation and Emelia Kwa, a trainee at OTP Law Corporation. The hybrid method refers to instances where litigation and mediation are used as two parallel tracks to resolve divorces. Here, lawyers are engaged for not only the litigation track but also to represent parties as their mediation advocates in mediation.At present, this hybrid method is already being used where parties have children below 21 years old. This is since after such parties have filed for divorce, they are required to go for mediation at the Child-Focused…

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Litigation

litigation This article is the third part of a series on the different ways divorce can be settled. This article was written by Daryl Er (an intern of OTP Law Corporation) and Emelia Kwa (a trainee of OTP Law Corporation). The last dispute resolution mechanism to be considered is litigation. This is the traditional legal process where parties engage lawyers to provide legal advice and advocate their position before the court, who will make the final decision.Litigation is the most conflictual and rigid of the four methods, as parties and their lawyers each have to craft legal arguments and present a case which puts them in their best light (usually while making the other party look their worst), in order…

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Collaborative Practice

collaborative practice This article is the second part of a series on the different ways divorce can be settled. This article was written by Daryl Er (an intern of OTP Law Corporation) and Emelia Kwa (a trainee at OTP Law Corporation. Article was first published on OTP Law Corporation's website:  www.otp.sg A third (the second being mediation) track towards dispute resolution would be collaborative practice.What is it?Collaborative practice (CP), like mediation, looks at the interests of the parties.  However, it differs greatly in the type of people involved, i.e. specially trained CP lawyers and potentially other family specialists (e.g. financial advisers, child experts, counsellors etc.) who will work with the parties to negotiate an agreement that suits the family. CP happens…

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Protected: Mediation helps divorcing parties focus on real needs

Mediation helps divorcing parties focus on real needs This is the first part of a series on the different ways divorce can be settled. This article was first published 23 May, 2018 by TODAY .Author: PracticeForte Advisory Affiliate Lat Mun Loon of Amicus ConsultingI read with interest the reports “Divorce made less bitter with new mediation process” (May 18) and “Amicable divorce options not popular” (May 19).As a mediator, I affirm the direction taken by the courts and the Singapore Mediation Centre. A divorce should be settled as amicably as possible for the benefit of the children as well as everyone else involved.While divorce is a legal and social issue, it must first be seen as a painfully emotional family matter.Clients…

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Caught Between The Devil And The Deep Blue Sea

Caught between the devil and the deep blue sea Interview & Article by: Emelia Kwa, a trainee at OTP Law Corporation. http://www.practiceforte.sg/wp-content/uploads/2019/10/WhatsApp-Video-2019-10-03-at-6.33.47-AM.mp4For more information on Project Restructure, give us a call at +65 62213009Published: 28 February, 2019 Interviewee’s name has been changed to protect the identity and privacy of all parties involved. “I don’t really know how I survived” are not the words you’d expect to hear from someone speaking about their marriage. However, in Peter’s case, what he expected to be a fairy-tale romance turned out to be a lot more complicated in reality. Peter’s story is not uncommon – every marriage has its challenges and couples may find themselves struggling to make sense of the difficulties and changes they…

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