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…

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Protection from Online Falsehood and Manipulation Act 2019: What is its impact on legitimate businesses?

Protection from Online Falsehoods and Manipulation Act 2019: What is its impact on legitimate businesses? This article is written by Mr Lim Seng Siew of OTP Law Corporation and Eric Lip, a trainee of OTP Law Corporation. Ever since the Protection From Online Falsehoods and Manipulation Bill 2019 (“the Bill”) was tabled in Parliament on 1st April 2019, significant comments have been levelled at the potential stifling of free speech. Much ink has been spilled over this. You can search the internet to understand this issue better. There is even a video with Michelle Chong and Minister of Law explaining the Bill.As of 9 May 2019, the Bill has been passed after a two-day debate on the matter to now…

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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.sgA third (the second being mediation) track towards dispute resolution would be collaborative practice. COLLABORATIVE PRACTICEWhat 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…

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Mediation and Civil Disputes

Mediation and Civil Disputes This article was written by Daryl Er (an intern of OTP Law Corporation) and Emelia Kwa (a trainee at OTP Law Corporation). This article was published by OTP Law CorporationWe have previously covered what mediation entails in our Basic Guide to Mediation. Having covered many instances where mediation could have been helpful in family cases, we decided to turn the focus a bit onto how mediation can be helpful in civil litigation matters.What do you mean by civil litigation?These are usually cases that start by a writ of summons or originating summons.Where does one go for mediation then?In addition to private mediators, there are two places you can consider when considering mediation for your civil dispute:The State…

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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.Published: 28 February, 2019Interviewee’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 are going through. However, as Peter’s case demonstrates, being aware of when to seek help…

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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…

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The ABCs of Trusts

The ABCs of Trusts Image Source: Google This article is written by Emelia Kwa, trainee of OTP Law Corporation Despite being such an important part of our legal affairs, the concepts behind trusts can be rather intimidating to understand. We hope that this guide will be able to kick start your understanding of trusts.Who’s who? The settlor is the person who created the trust. He may or may not be the trustee of the trust as he can appoint someone else to be the trustee.The trustee is the person who has the legal right to control how the asset (e.g. property) of the trust in question is handled.The beneficiary is the person who benefits from the trust (i.e. he will…

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An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay On Being Paper-Less

An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay from OTP Law Corporation on Being Paper-Less. The interview was conducted by our technology collaborator, Ms Serena Lim of Bizibody Technology Pte Ltd, this interview can be viewed as part of a workshop by Singapore Academy of Law LIFTED titled Legal Workplace Productivity Solutioning.Registration for the online training module is at  https://lifted.teachable.com/p/using-technology-to-run-a-productive-law-practice .

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The Split After The Split – Part 2

The Split After The Split - Part 2 Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation. Explaining Fair and Equitable Division of Matrimonial Assets-Global Assessment Method for Long, Single-Income MarriageJust when we thought the law is fairly settled after ANJ v ANK [2015] SGCA 34, our apex court concludes in a recent case of TNL v TNK [2017] SGCA 15 that the approach in ANJ will not work for a single income family as it tends to favour the working spouse over the non-working spouse. In the ANJ approach, financial contributions are given weight in both steps. To recollect, the steps stated in the ANJ approach are as follows:1st Step, work out the proportion of direct contributions (cash paid directly toward the acquisition of assets)2nd Step, work…

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