19. New section 52A

In the principal Act, after section 52, insert —“Provisions for orders consequent on foreign matrimonial proceedings52A.—

This section applies where a party to a foreign divorce or nullity of marriage has obtained the Court’s permission under section 35AB to make an application for any CCCA order or FR order.

The application for any CCCA order or FR order by the party (called in this section an applicant) must be made in accordance with rules made under section 145.

On an application for any CCCA order or FR order, the Court is to be satisfied before making any such order that it is appropriate in all circumstances of the case (including by having regard to the matters described in subsections (7) and (8)) to make any such order.

If the Court is satisfied in accordance with subsection (3), the Court may make any CCCA order or FR order that the Court could have made under section 51 or 52 in the like manner as if a decree or order of divorce or nullity of marriage had been made by the Court.

Any CCCA order or FR order made by the Court is to be treated as an order made under section 51 or 52 (as the case may be) that is enforceable in accordance with section 53.

If the Court is not satisfied in accordance with subsection (3), the Court may dismiss the application.

Without limiting subsection (3), the Court is to have regard to the following matters for an application for any CCCA order:

the connection which the parties to the marriage and a minor child of those parties have with Singapore;

the connection which the parties to the marriage and a minor child of those parties have with the foreign country in which the marriage was dissolved or nullified;

the connection which the parties to the marriage and a minor child of those parties have with any other foreign country;

any arrangement on custody of, care and control of, or access to a minor child of the parties to the marriage in consequence of the foreign divorce or nullity of marriage, by virtue of any agreement or the operation of the law of a foreign country;

where an order has been made by a court of competent jurisdiction in a foreign country on custody of, care and control of, or access to a minor child of the parties to the marriage — the extent to which the order has been complied with or is likely to be complied with;

any right which the applicant has, or has had, to apply for any order for custody of, care and control of, or access to a minor child of the parties to the marriage under the law of any foreign country, and if the applicant has omitted to exercise that right, the reason for that omission;

the extent to which any CCCA order is likely to be enforceable;

the length of time which has elapsed since the date of the foreign divorce or nullity of marriage;

whether there is any order by a court relating to the maintenance of a wife, or a minor child of the parties to the marriage, during the subsistence of the parties’ marriage.

Without limiting subsection (3), the Court is to have regard to the following matters for an application for any FR order:

the connection which the parties to the marriage have with Singapore;

the connection which the parties to the marriage have with the foreign country in which the marriage was dissolved or nullified;

the connection which the parties to the marriage have with any other foreign country;

any financial benefit which the applicant or a minor child of the parties to the marriage has received, or is likely to receive, in consequence of the foreign divorce or nullity of marriage, by virtue of any agreement or the operation of the law of a foreign country;

where an order has been made by a court of competent jurisdiction in a foreign country requiring the other party to the marriage to make any payment or transfer any property for the benefit of the applicant or a minor child of the parties to the marriage — the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with;

any right which the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any foreign country, and if the applicant has omitted to exercise that right, the reason for that omission;

the availability in Singapore of any property in respect of which any FR order in favour of the applicant could be made;

the extent to which any FR order is likely to be enforceable;

the length of time which has elapsed since the date of the foreign divorce or nullity of marriage.

Sections 43A, 43B, 43C, 51, 52 and 53 apply, with the necessary modifications, to any proceedings in connection with an application for any CCCA order or FR order and any such order made by the Court.”.