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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An interview with PF’s Co-Founder Susan Tay

Interview with PF's co-founder Susan Tay who is a Director at OTP Law Corporation This article was first published by PracticeForte advisory affiliate OTP Law Corporation. "It’s been 3 years since I conducted an interview with Ms Susan Tay on practice, pupilage (or TCs), and pro bono. Since then, I’ve joined OTP Law Corporation as a trainee and now, an associate. This interview looks at the changes since then, and our reflections". On Training EK: OTP Law Corporation went from having 1 trainee last year to having 3 this year. What was one lesson (or two) that you’ve learnt from having to mentor 3 trainees at one go? ST: I think it is like having 1 child as opposed to…

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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 to avoid unnecessary litigation: The Case of Goh Rosaline v Goh Lian Chyu and another

Adopting the peace approach to avoid litigation: the case of Goh Rosaline v Goh Lian Chyu and another This article is a follow-up to our previous article on the Peace Approach and Children,. This was written by Nur Shukrina Bte Abdul Salam, an intern of OTP Law Corporation. Apart from helping children go through the divorce process and reducing acrimony, the peace approach also reduces unnecessary litigation. This is done by diverting conflicts that can be settled through alternative dispute resolution (“ADR”) to the relevant channels. Courts can thus allocate their resources more efficiently and avoid being treated as a “boxing ring”, i.e. a place where sort out small differences between them whenever they wish. In our view, one such…

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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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Cybersecurity

cyber law in singapore: cybersecurity This article is written by Eric Lip, a trainee at OTP Law Corporation Part 1 of this article discussed how the cyber threats are captured under offence-creating laws, especially that under the Computer misuse Act.In Part 2, we turn to look at legislation that touches on the protection against such cyber threats, and the key legislations that businesses and organisations have to navigate: the Cybersecurity Act, the Personal Data Protection Act (the “PDPA”) and various sectoral regulations such as the regulation for banks by the Monetary Authority of Singapore (“MAS”).Cybersecurity ActThe Cybersecurity Act was passed on 5 February 2018 and there are four key objectives of the Cybersecurity Act:To provide a framework for the regulation…

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Cyber law in Singapore: A Quick Overview

CYBER LAW IN SINGAPORE: A QUICK OVERVIEW This article is written by Eric Lip, a trainee at OTP Law Corporation Cyber law in Singapore: A Quick Overview (Part 1 of 2)The latest annual report by the Cyber Security Agency of Singapore (“CSA”) highlighted a worrying trend of increasing major cyber attacks as well as cyber-crime. Cyber-crimes now account for close to a staggering one-fifth of all crimes committed in Singapore.[1]The risks and threats in cyberspace are varied and laws are constantly evolving to tackle new threats. At present, there are 4 key pieces of legislation on this topic:i.  The Cybersecurity Act;ii.  The Personal Data Protection Act;iii.  The Computer Misuse Act; andiv.  Sectorial regulations, such as the MAS regulations for banks,…

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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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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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