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.  It was first published by 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…

0 Comments

Breaking down a marriage: How can it be done?

BREAKING DOWN A MARRIAGE: HOW CAN IT BE DONE? This is the first part of a series on the different ways divorce can be settled. This article was first published by OTP Law Corporation.Divorce is a harrowing process. Beyond the emotional trauma, there are typically a host of issues and complications, especially if there are children or substantial assets involved. These issues, big or small, need to be addressed before the divorce can be finalised.Sometimes, parties are able to come to an agreement on their own and thus result in an uncontested divorce. However, divorce will often be contested as spouses will usually not be able to totally agree on all aspects, especially for ancillary matters. In many cases, parties…

0 Comments

Voice of The Unmarried Mother Heard

Voice of The Unmarried Mother Heard Image Source: Google This article is written by Susan Tay of OPT Law Corporation and is published in conjunction with PracticeForte's Project Relocation Initiative. Relocation Case Analysis ULA v UKZ –Voice of The Unmarried Mother Heard This article is written by Susan Tay of OTP Law Corporation. This article is published in conjunction with PracticeForte’s Project Relocation initiative. I am a mother of a 9 year old son. His dad, an Irish man who was not married to me, lived with his wife and 2 kids in New Zealand. Until my son was about 3, his family did not know anything about me or our son. In fact, it was I who called his wife…

0 Comments

Mediation for Hague Convention and Relocation Cases

Mediation for Hague Convention & Relocation Cases - The Unfortunate Case of TSF v TSE Article By: Isabel Chew-Lau & Emelia Kwa If you want a grim illustration of how cross-border child cases can devolve, you need look no further than the recent Court of Appeal case of TSF v TSE. That case concerned an epic battle between parents for the custody of their child. It was a battle that spanned four years and two jurisdictions: Singapore and England. There, the parents had brought the child from England to Singapore when he was around a year old, to be looked after by his paternal grandparents while the mother completed her studies. Half a year later, the parents returned to Singapore, supposedly to…

0 Comments

Between A Rock And A Hard Place – Case Study of UFZ V UFY

Between A Rock & A Hard Place - Case Study of UFZ v UFY Article By: PracticeForte Advisory Affiliate Ms. Amy Lim Cross-border marriages are becoming increasingly common in a globalised world.  Unfortunately, when some of these marriages break down, an application may have to be made in Court if one parent wishes to relocate with the children.This gives rise to the proverbial “between a rock and a hard place” decision which the Court must make. Do they decide in favour of the parent seeking to (typically) return to a home country, thus leaving one parent behind? Or do they decide against the relocation, thus forcing a party who wishes to leave to stay behind in a place they may…

0 Comments

Hague Convention on International Child Abduction: The Other Side

Hague Convention On International Child Abduction - The Other Side of the Story Article By: PracticeForte Advisory Affiliate Ms. June Lim You may be familiar with the story of Singapore’s only Caucasian UBER driver: https://www.straitstimes.com/singapore/uber-mum-driven-to-make-kids-lives-easierAnna moved to Singapore from the UK with her family in 2010, becoming a Permanent Resident in 2013. Her marriage ended in 2015 due to her husband’s infidelity. Following a Hague Convention application in the UK in 2015, Anna was compelled to return to Singapore with her children.While Anna was fortunate to be able to secure a job with UBER due to her Permanent Residency status, she still struggled financially post-divorce. Although her husband paid maintenance that covered rent for her family’s apartment, her children’s local…

0 Comments

Mediation for *Hague and Relocation Cases

Mediation for *Hague Convention and Relocation Cases* Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation Cross-border family disputes: Hague and Relocation CasesSingapore has picked up a reputation as a metropolitan, expat-friendly city. In fact, 1 in 3 marriages in Singapore now involve at least one foreigner.No doubt this is a boon for multiculturalism. But when it comes to family disputes that involve children, a cross-border marriage could complicate matters. A breakdown of a cross-border marriage makes it much more likely that one parent wants to leave the country with the children. After all, foreign parents usually maintain a connection with their home countries which they gravitate when things take a turn for the worse.If the child…

0 Comments

On the Move – Parental Relocation in Singapore

On The Move Article By: PracticeForte Advisory Affiliate Firm Rajan Chettiar LLC I.                    IntroductionWith the advent of globalization, the number of cross-border marriages is on the rise. Singapore, in particular, is a typical destination country for cross-border marriages in Asia, with the proportion of marriages between a Singapore and a non-citizen spouse rising from 32.8% to 38.7% during the 1998-2008 period.[1] Correspondingly, the modern Singaporean family is more likely to be the product of a cross-border marriage, the breakdown of which would potential raise complex cross-border issues, such as applications for relocation. After divorce, a parent may want to bring his/her children overseas in search of a new life, or to dive back into the familiar comfort and support provided by…

0 Comments

Basic Guide To Mediation

Basic Guide To Mediation Article By: Emelia Kwa What is mediation?Mediation is focused on finding a solution that is agreed upon by all parties involved and which best addresses their concerns. This involves a neutral mediator who helps guide the parties towards reaching such a resolution.What is the process like?For mediation to work, both parties must be willing to attend the mediation session. The mediator will then give a brief introduction on the mediation process before deciding whether to continue the session with both parties present, or to hear each party individually.Joint Session with Both PartiesWhere both parties are present, the mediator will have each party explain what their concerns are and what outcome they are hoping to achieve. Parties…

0 Comments

Third Party’s Interest In Matrimonial Assets: The Case of UDA v UDB

Third Party's Interest In Matrimonial Assets: The Case of UDA v UDB This article is written by PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation with kind contributions and assistance from PracticeForte Advisory Affiliates Ms. Shirley Tay and Ms. Isabel Chew-Lau. Can the Family Justice Courts (FJC) divide a property in another’s name as if it is a matrimonial asset in a divorce?On 24 April 2018, 5 of our Apex Court’s judges sat in the case of UDA v UDB and another to make the ruling that is to determine proceedings relating to ownership disputes over third parties’ interests in alleged matrimonial assets and/or properties.There are two situations in particular:Where a spouse holds an asset in his name,…

0 Comments
  • 1
  • 2
Close Menu