Singapore legislation

Clause 38

New Part 10A

The Women’s Charter is amended by inserting, immediately after section 139, the following Part:“PART 10AAMICABLE SETTLEMENT OF DISPUTESDivision 1 — PreliminaryInterpretation of this Part139A. In this Part, unless the context otherwise requires —“counselling” does not include any counselling that is part of a programme for children as defined in section 132A;“family support programme” means any programme or activity that seeks to address or resolve any relationship issue or relationship problem —

(a)

between spouses or former spouses;

(b)

between siblings; or

(c)

between parent and child;“proceedings” does not include criminal proceedings.Evidence of things done, etc., under Division 3 or 4 not admissible139B. Evidence of —

(a)

anything said or done;

(b)

any document prepared; or

(c)

any information provided,in the course of or for the purpose of —

(d)

any attempt at reconciliation under section 139F; or

(e)

any mediation, counselling or family support programme undertaken under Division 4,is not admissible in any court.Division 2 — Conciliation officersAppointment of conciliation officers139C.—

(1)

The Minister may appoint a public officer to be a conciliation officer for the purposes of this Act.(2) Notice of an appointment under subsection (1) must be published in the Gazette.Settlement of differences between husband and wife by conciliation officers139D.—

(1)

Either or both parties to a marriage may ask a conciliation officer for advice and assistance on any differences between them.(2) A conciliation officer may, by written notice, require either or both parties to a marriage to meet the conciliation officer (either in person or otherwise) to settle any differences between them.(3) A party required to meet a conciliation officer under subsection (2) is legally bound to —

(a)

do so; and

(b)

answer, to the best of the party’s ability, any question by the conciliation officer in relation to the differences that have arisen in the marriage.Division 3 — Opportunity for reconciliation in certain proceedingsProceedings to which this Division applies139E. This Division applies to the following proceedings:

(a)

proceedings for divorce or judicial separation;

(b)

proceedings, brought by a party to a subsisting marriage, under section 56, 65, 66 or 69.Court to consider, and may facilitate, reconciliation139F.—

(1)

The court hearing the proceedings must from time to time consider whether the parties might reconcile, having regard to —

(a)

the nature of the case;

(b)

the evidence; and

(c)

the parties’ attitude.(2) If the court considers that there is a reasonable possibility that the parties might reconcile, the court may do all or any of the following things to facilitate a possible reconciliation:

(a)

adjourn the proceedings;

(b)

if the parties consent, interview the parties in chambers (with or without their solicitors);

(c)

nominate a conciliation officer or some other suitable person or organisation to assist the parties;

(d)

advise the parties to attend a family support programme.(3) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice given under subsection (2)(d) is not a contempt of court.Resumption of proceedings139G.—

(1)

If proceedings are adjourned by a court under section 139F(2)(a) —

(a)

a party may make a request for the proceedings to resume, but only if at least 14 days (or any longer period specified by the court) have elapsed; and

(b)

the proceedings are to resume as soon as practicable after the request is made.(2) If the proceedings resume, a judge who interviewed the parties under section 139F(2)(b) must not (except at the request of the parties to the proceedings) —

(a)

continue to hear the proceedings; or

(b)

determine the proceedings.Division 4 — Mediation, counselling and family support programmesMediation by consent139H.—

(1)

This section applies to any proceedings under this Act.(2) The court may —

(a)

consider the possibility of a harmonious resolution; and

(b)

if the parties consent, refer the parties and their children (if any) for mediation by a person —

(i)

agreed to by the parties; or

(ii)

in default of agreement, appointed by the court.Mediation, counselling and family support programmes in matrimonial proceedings involving prescribed persons139I.—

(1)

This section applies to a case —

(a)

where proceedings are brought under Part 10; and

(b)

the parties —

(i)

have one or more children below 21 years of age; and

(ii)

fall within a prescribed class of persons.(2) Without limiting any other power of the court, the court —

(a)

must, subject to subsection (3), make either or both of the following orders:

(i)

an order for the parties or their children (or both) to attend mediation;

(ii)

an order for the parties or their children (or both) to attend counselling; and

(b)

may, at any stage of the proceedings and if the court considers that doing so is in the interests of the parties or their children, advise all or any of the following persons to attend a family support programme:

(i)

the parties;

(ii)

their children;

(iii)

any person falling within a prescribed class of persons.(3) The court may dispense with the orders under subsection (2)(a) if the court considers that mediation or counselling would not be in the interest of the parties or their children, as the case may be.(4) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2)(b) is not a contempt of court.(5) If any order or advice under subsection (2) (other than advice to a person mentioned in subsection (2)(b)(iii)) is not complied with, the court may —

(a)

stay the proceedings until the order or advice has been complied with;

(b)

order any party responsible for the non‑compliance to pay the costs of the proceedings; or

(c)

make any other order it sees fit.Mediation, counselling and family support programmes in other proceedings139J.—

(1)

This section applies to a case where —

(a)

proceedings are brought under this Act; and

(b)

section 139I does not apply.(2) Without limiting any other power of the court, the court may, if it considers that doing so is in the interests of the parties and their children (if any) —

(a)

advise the parties or their children (or both) to attend mediation;

(b)

advise the parties or their children (or both) to attend counselling; or

(c)

advise all or any of the following persons to attend a family support programme:

(i)

the parties;

(ii)

their children (if any);

(iii)

any person falling within a prescribed class of persons.(3) Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2) is not a contempt of court.(4) If any advice under subsection (2) (other than advice to a person mentioned in subsection (2)(c)(iii)) is not complied with, the court may —

(a)

stay the proceedings until the advice has been complied with;

(b)

order any party responsible for the non‑compliance to pay the costs of the proceedings; or

(c)

make any other order it sees fit.”.

Read in full context — Women’s Charter (Amendment) Bill →