What to Expect During Ancillary Matters Hearings

While the primary focus of a divorce proceeding is the dissolution of the marriage, there are often several ancillary issues that require legal resolution. These issues are dealt with during what is known as an “ancillary matters hearing.” This article provides an overview of what to expect during such hearings in Singapore, including the key aspects that are likely to be addressed and the process involved.

Ancillary Matters

Ancillary matters in the context of divorce proceedings refer to the various issues that must be addressed in addition to the legal termination of the marriage. These matters may include:

1. Division of Matrimonial Assets: This concerns the just and equitable distribution of assets acquired during the marriage.
2. Spousal Maintenance: Whether one spouse will be required to financially support the other after the divorce.
3. Child Custody, Care and Control: Decisions regarding who the child or children will live with, as well as the allocation of parental rights and responsibilities.
4. Access or Visitation: Arrangements for the non-custodial parent to maintain a relationship with the child.
5. Child Maintenance: The financial support to be provided for the children’s needs.

In the context of Singapore’s legal framework, these issues are typically addressed in a series of hearings, culminating in an ancillary matters hearing. The term “ancillary matters hearing” refers to the Court session during which the judge will make orders concerning these outstanding issues, after the divorce has been granted.

The Process Leading to Ancillary Matters Hearings

Before the ancillary matters hearing, both parties must have filed the necessary documents, including the Originating Application for Divorce and any supporting affidavits regarding the division of assets, spousal maintenance and the welfare of children, among other matters. If there are disputes over these issues, the matter will be scheduled for an ancillary matters hearing.

The process leading up to the ancillary matters hearing involves several steps:

1. Filing of Documents: Each party submits their respective claims and documents to the Court. This may include financial disclosure forms, affidavits detailing the parties’ financial circumstances, and proposals on child custody and support.
2. Case Management Conference: Before the actual ancillary matters hearing, the Court may schedule a case management conference. This is typically a brief hearing where the Court assesses the progress of the case, sets timelines for the submission of evidence, and attempts to resolve any procedural issues.
3. Pre-Hearing Negotiation: In many cases, the parties may attempt to resolve their disputes through mediation or negotiation, either with the assistance of their lawyers or through the Court’s Family Dispute Resolution (FDR) process. If these negotiations are successful, some or all of the ancillary matters may be settled without the need for a full hearing.
4. Ancillary Matters Hearing: If the issues remain unresolved after the pre-hearing phase, the case proceeds to the ancillary matters hearing, where both parties will present their arguments and evidence.

What Happens During an Ancillary Matters Hearing?

The ancillary matters hearing is an opportunity for both parties to present their case before a Family Court judge:

1. Courtroom Setting: The proceedings will take place in a family Court. While the process is still bound by rules and protocols, it aims to be as non-adversarial as possible, with a focus on achieving a fair resolution for all parties, especially children.
2. Representation: Both parties may be represented by lawyers. If either party is unrepresented, the judge will ensure that the proceedings are conducted fairly, providing some guidance on the process. However, legal representation is highly recommended for individuals navigating complex financial or child custody disputes.
3. Presentation of Evidence: During the hearing, both parties will have the opportunity to present evidence supporting their claims. This may include financial records, valuations of matrimonial assets, evidence of the parties’ roles in raising children, and any other documents that are relevant to the dispute. The Court will assess this evidence before making any decisions.
4. Witness Testimony: In some cases, the Court may permit witnesses to testify. For example, if there is a dispute regarding the care and control of children, the judge may hear testimony from social workers and child psychologists.
5. Legal Submissions: Lawyers for both parties will present their legal arguments based on the evidence at hand. They will cite relevant laws, precedents and other legal principles to advocate for their client’s position. The judge may also ask questions to clarify certain aspects of the case.
6. Mediation and Negotiation: At various stages during the hearing, the judge may encourage both parties to engage in mediation or settlement discussions. Mediation can be a valuable tool to facilitate a mutually agreeable outcome.

Issues Addressed at Ancillary Matters Hearings

Several critical issues are commonly addressed during ancillary matters hearings, such as:

1. Division of Matrimonial Assets: One of the most significant aspects of an ancillary matters hearing is determining how the assets accumulated during the marriage will be divided. The Court will consider factors such as the length of the marriage, the financial and non-financial contributions made by each spouse, and the needs of any children.
2. Spousal Maintenance: In certain cases, one spouse may be entitled to maintenance, either as a lump sum or in periodic payments. The Court will assess the financial needs and earning capacities of both spouses and decide whether spousal support is necessary.
3. Child Custody and Care: The welfare of the children is always the paramount consideration in custody disputes. The Court will decide who will have care and control of the children, whether joint custody is appropriate, and how parental responsibilities will be divided.
4. Child Maintenance: The Court will also determine the financial support required for the child’s upbringing, including their education, healthcare, and other needs. Both parents are expected to contribute to child maintenance based on their financial means.

The Outcome of the Ancillary Matters Hearing

After hearing the arguments and considering the evidence, the judge will issue orders relating to the ancillary matters. These orders may include:

• A division of the matrimonial assets;
• A spousal maintenance arrangement (if applicable);
• Custody, care, and control arrangements for any children; and
• Child maintenance orders.

In some cases, the judge may defer making a final decision if further information is needed or if the parties have been unable to settle all issues during the hearing. The Court may also schedule additional hearings if the case requires further deliberation.

Given the complexities involved, it is advisable to seek the advice of a divorce lawyer to navigate the divorce process effectively and ensure that all procedural and evidentiary requirements are met. Contact me today at 8039 9083 for a consultation.