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Full-Text Articles in Law
Void Marriages, Maintenance, And Matrimonial Assets: Adp V Adq [2012] Sgca 6, Siyuan Chen
Void Marriages, Maintenance, And Matrimonial Assets: Adp V Adq [2012] Sgca 6, Siyuan Chen
Siyuan CHEN
Do Singapore courts have jurisdiction under the Women’s Charter to order maintenance and the division of matrimonial assets when a marriage has been declared void? This was the novel issue presented in ADP v ADQ, and the Court of Appeal answered in the affirmative.
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen
Siyuan CHEN
In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology “as a rough check” to his discretionary powers in determining a “just and equitable” division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.
Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen
Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen
Siyuan CHEN
Is marriage an institution (of public morality) or a contract (of private ordering)? In Toh Seok Kheng, the High Court concluded that it was unable to declare a “sham marriage” void just because the motives behind the marriage seemed improper. In ADP, the High Court held that since a void marriage meant there was no marriage to begin with, the “wife” was not entitled to maintenance, and there could not have been any “matrimonial assets” to be divided, unless she had a strong “moral” claim. This piece considers how the aforementioned moral-contractual dichotomy emerges in these cases.
Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen
Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen
Siyuan CHEN
When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …
An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen
Siyuan CHEN
Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.
The Power Of The Court To Change An Order For The Division Of Matrimonial Assets, Siyuan Chen
The Power Of The Court To Change An Order For The Division Of Matrimonial Assets, Siyuan Chen
Siyuan CHEN
Section 112 of the Women’s Charter1 is the main provision that governs the power of a court to order division of matrimonial assets; relevant for present purposes is sub-section 4 in particular, which states: “The court may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made.” The Court of Appeal had the opportunity to discuss this rather controversial sub-section in AYM v AYL.2
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen
The Fundamental Question When Applying The Welfare Principle: "Who Will Be The Better Parent Or Guardian"?, Siyuan Chen
Siyuan CHEN
The welfare principle – that is, when making a custody-related decision, the best interests of the child form the first and paramount consideration – is probably one of the cardinal principles of family law in many common law jurisdictions. While the welfare principle is generally considered a wide concept with no exhaustive definition or list of factors, it is submitted that there is an important question – sometimes neglected or misunderstood – that should actually feature most prominently when applying the welfare principle, particularly when joint or no order custody orders seem impossible. The question is simply that of “who …
Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon
Void Marriages, Maintenance, And Matrimonial Assets, Siyuan Chen, Nicholas Poon
Siyuan CHEN
No abstract provided.
Book Review Of Marital Agreements And Private Autonomy In Comparative Perspective, Siyuan Chen
Book Review Of Marital Agreements And Private Autonomy In Comparative Perspective, Siyuan Chen
Siyuan CHEN
This book takes a comparative approach to how 14 jurisdictions from around the world deal with pre-nuptial and post-nuptial marital agreements, particularly in relation to financial relations.