NAVIGATING YOUR WAY AROUND THE MPR 2005

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NAVIGATING YOUR WAY AROUND THE MPR 2005

• By DR Carolyn Woo and DR Davinia Aziz

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Overview

• Rules of Court Working Party recommended
  abolition of 2 modes
• originating petition
• originating motion
• Proceedings to be commenced only by
• writ of summons
• originating summons
• Purpose
• simplification and harmonisation of court
  processes
• Implementation
• in 2 phases
• phase 2 1 April 2006 for matrimonial proceedings

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Why Amend the MPR?

• To provide for the writ process for matrimonial
  proceedings
• Introduce a comprehensive set of procedural
  rules the MPR 2005, incorporating
• Forms (First Schedule)
• Fees (Second Schedule)

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Fresh Practice Directions

• Fresh Practice Directions will be issued to
  account for these changes,
• to be operative on 1 April 2006
• (A draft version of the Practice Directions is
  now available on the Family Court website
  http//www.familycourtofsingapore.gov.sg/ChangeToM
  odeCommencingMP.htm )

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Noteworthy Features of MPR 2005

• 1.Terminological changes
• 2. Re-ordering and renumbering of Rules
• 3.Commencement of proceedings
• Originating Summons for leave to file a writ for
  summons within 3 years of marriage
• Writ of Summons
• Statement of Claim
• Statement of Particulars
• Notice of Proceedings

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Noteworthy Features of MPR 2005

• Parenting Plan
• Matrimonial Property Plan
• 4. Other pleadings
• 5. Amendment
• 6. Interim Judgment/Final Judgment
• 7. Fees
• 8. Savings provision

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Noteworthy Features of Fresh Practice Directions

• Affidavit of Evidence in Chief for uncontested
  matrimonial proceedings -- additional requirement
  set out in Practice Directions
• Ancillary Matters Fact and Position Sheet

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Adaptation of the Writ Process

• Current petition process is largely similar to
  writ process e.g the pleading structure, entry of
  appearance, possible two stage process with
  multiple judgments
• Intention was to avoid substantial changes in the
  procedure of matrimonial proceedings
• Some changes had to be introduced to ensure
  consistency with the writ process, as well as
  streamline current processes

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The Overall Process
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The Overall Process
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Terminological Changes-- Parties

• Current
• Petitioner
• Respondent
• Co-Respondent
• Party Cited
• Person Named

• MPR 2005
• Plaintiff
• Defendant
• Co-Defendant
• Defendant in Counterclaim
• Person Named

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Commencement of ProceedingsOriginating Summons
for the Dissolution of Marriage

• Rule 4, MPR 2005
• Forms 1 and 2 terminological
• changes only
• Court retains discretion to direct an affidavit
  to be filed if necessary Rule 4(5)

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Commencement of Proceedings Writ of Summons for
the Dissolution of Marriage

• Rule 5, MPR 2005
• Writ new form (Form 3)
• Auto-generated
• Lists documents to be served with it, length of
  validity
• Contains endorsements currently found in the
  Notice of Proceedings (Respondent), endorsement
  as to address for service, and a statement of
  relief claimed

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Commencement of Proceedings Statement of Claim

• Rule 7, MPR 2005
• Standard form Statement of Claim
• Divorce/Judicial Separation (Form 6)
• Nullity (Form 7)
• Nullity and Alternatively for Divorce/Judicial
  Separation (Form 8)
• Presumption of death and divorce (Form 9)
• Rescission of Judgment of Judicial Separation (By
  Spouse Against Whom Judgment of Judicial
  Separation is Made) (Form 10)

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Commencement of Proceedings Statement of Claim

• Mirrors form of corresponding petitions
• Terminological changes of names of parties and
  pleadings
• Paragraphs on Persons to be Served and
  Petitioners Address for Service removed as they
  are now embodied in the Writ

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Commencement of Proceedings Statement of
Particulars

• Statement of Particulars (Form 11) to form part
  of Statement of Claim, setting out full
  particulars of facts pleaded, but not the
  evidence by which they are to be proved
• Affidavit in support of petition abolished
• To be signed by the plaintiff, if acting in
  person, or the plaintiffs solicitor as it is
  part of a pleading

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Documents to be filed with Petition under
existing Rules

• Affidavit in Support of Petition
• Notice of Proceedings (Respondent)
• Acknowledgment of Service
• Memorandum of Appearance
• Parenting Plan
• Matrimonial Property Plan

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Documents to be filed with Writ of Summons under
MPR 2005

• New Statement of Claim and Statement of
  Particulars
• Acknowledgment of Service
• Memorandum of Appearance
• Parenting Plan
• Matrimonial Property Plan
• New Instructions to the Defendant on submitting
  the CPF standard query to the CPF Board no longer
  has to be filed in court. It need only be
  delivered with the writ at the time of service

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Notice of Proceedings

• Notice of Proceedings (Respondent) deleted
• But a separate Notice of Proceedings for all
  other potential third parties to the proceedings
  (i.e. Co-Defendant, Defendant in Counterclaim is
  still required

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Parenting Plan

• Terminological changes only
• Annexes A B to the old Proposed Parenting Plan
  (By Petitioner) now separated to be Forms 29 and
  30 for clarity of reference
• Either the Defendant or his solicitor may sign
  the Defendants Agreement to Proposed Parenting
  Plan (By Plaintiff) (Form 29)

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Matrimonial Property Plan

• Terminological changes only
• Annexes A B to the old Proposed Matrimonial
  Property Plan (By Petitioner) now separated to be
  Forms 33 and 34 for clarity of reference
• Either the Defendant or his solicitor may sign
  the Defendants Agreement to Proposed Matrimonial
  Property Plan (By Plaintiff) (Form 33)
• Only the relevant page of Particulars of
  Arrangement for Housing (Form 35) is to be
  attached (where applicable)

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Other Pleadings

• Rules 18-19, MPR 2005
• Standard forms Defence and Counterclaim (Form
  12), Defence to Counterclaim/Reply/Reply and
  Defence to Counterclaim/Other Pleading (Form 13)
• Terminological changes only

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Other Pleadings

• Current
• Answer (and Cross-Petition)
• Reply (and Answer to Cross-Petition)
• (Reply to Answer to Cross-Petition)

• MPR 2005
• Defence (and Counterclaim)
• Reply (and Defence to Counterclaim)
• (Reply to Defence to Counterclaim)

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Other Pleadings Supplemental Petition

• Supplemental petition deleted as there is no
  equivalent in the writ process for a supplemental
  writ / pleading

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Other Pleadings

• Rule 18(5) and (6), MPR 2005
• New paragraphs to provide for entry of appearance
  and the filing of pleadings by a defendant in
  counterclaim or a person named in the
  counterclaim
• Rule 18(7), MPR 2005
• Expanded to provide for entry of appearance and
  the filing of pleadings by a person named in the
  defence
• New provisions serve to clarify procedure and
  encapsulate current practice

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Other Pleadings

• Rule 19(3), MPR 2005
• New paragraph to provide for last round of
  pleadings by the defendant, being a reply to
  defence to counterclaim, where a defence to
  counterclaim has been filed by a defendant in
  counterclaim or person named
• Flows from amendments to Rule 18

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Amendment

• Rule 22, MPR 2005
• The Supplemental Petition and Supplemental
  Affidavit in Support of Petition mechanism is
  abolished
• If parties wish to amend the ground or the
  particulars, they must proceed by seeking leave
  to amend the pleadings

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Interim Judgment, Final Judgment

• Standard forms maintained
• (Forms 23, 24 and 26)
• Terminological changes only
• Reminder
• Final Judgment will only be issued if all the
  ancillary matters are dealt with, unless court
  otherwise orders

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Final Judgment

• Rule 59(3), MPR 2005
• Application for final judgment may be filed 3
  months after the ancillary matters are dealt
  with, or 1 year from the interim judgment,
  whichever is later.

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Final Judgment

• You do not need to apply for leave to apply
  for interim judgment to be made final out of time
  if the last ancillary matters hearing was less
  than 3 months before
• even if interim judgment was given
• gt1 year before

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Fees

• Rule 65, MPR 2005
• See Second Schedule
• New schedule of fees applicable only to
  matrimonial proceedings commenced on or after 1
  April 2006
• Key feature is fixed fee chargeable for Writ of
  Summons, Statement of Claim and Statement of
  Particulars
• To ensure overall fees leading up to the
  uncontested divorce remain the same, set-down
  fees have been reduced to 63.00

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Savings Provision

• Rule 67, MPR 2005
• Current Rules shall continue to apply to
  proceedings under Part X commenced before 1 April
  2006

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Affidavit of Evidence in Chief for Uncontested
Matrimonial Proceedings-Additional Requirement in
Practice Directions

• Only additional document to be filed
• As the contents of the Statement of Particulars
  need not be affirmed by a plaintiff, in
  uncontested matrimonial proceedings, the
  plaintiff will be required to file a short AEIC
  for the purpose of the open court hearing
• AEIC is to confirm the contents of the statement
  of claim and statement of particulars
• To expedite the open court hearing

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Affidavit of Evidence in Chief for Uncontested
Matrimonial Proceedings-Additional Requirement in
Practice Directions

• Timeframe for filing AEIC together with or after
  the Request for Setting Down Action for Trial,
  but in any event, no later than 10 working days
  before the open court hearing
• Prescribed forms for both the plaintiff
  (proceeding on statement of claim) and defendant
  (proceeding on counterclaim) can be found in
  fresh Practice Directions

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Affidavit of Evidence in Chief for Uncontested
Matrimonial Proceedings-Additional Requirement in
Practice Directions

• As it is a simple AEIC, filing costs will be
  7.00
• Set-down fees were reduced by 7.00 to take this
  extra cost into account

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Ancillary Matters Fact and Position Sheet

• For hearing of contested ancillary matters,
  parties/solicitors shall file and exchange
  Ancillary Matters Fact and Position Sheet at
  least 5 working days before the hearing
• New prescribed form can be found in fresh
  Practice Directions

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Remember

• Petition filed before 1 April 2006
• Continue as petition even after 1 April 2006
• You continue to file Summons-In-Chambers -- even
  for variation applications
• You continue to extract Decrees Nisi and Decrees
  Nisi Absolute
• Writ filed after 1 April 2006
• All-new MPR 2005 applies
• You file Summons, not Summons-In-Chambers

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Please get copies of and read

• New Part X of Womens Charter (Cap.353)
• Womens Charter (Matrimonial Proceedings Rules)
  2005
• Supreme Court of Judicature (Transfer of Divorce,
  Matrimonial and Guardianship of Infants
  Proceedings to District Court) Order 2005

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Please get copies of and read

• Draft Practice Directions for matrimonial
  proceedings
• Summary of the Key Features of the Womens
  Charter (Matrimonial Proceedings Rules) 2005
• Strikethrough version of the rules which show
  2005 amendments
• All on www.familycourtofsingapore.gov.sg

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The End...GOOD LUCK!!
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Any Question?