Family

Legal wrangles over family matters are not only expensive and protracted, they can also take an emotional toll on the parties involved. Family disputes include divorce, division of family assets, spousal and children maintenance, custody of children (including international child abduction cases), inheritance, and wills and probate.

SMC has two schemes to help family members resolve domestic disputes amicably. They are the Family Mediation Procedure Rules and the Collaborative Family Practice (CFP).

Both Family Mediation Procedure Rules and CFP function primarily as alternatives to court litigation. They help reduce legal fees, time and resources spent in contesting legal issues in court. They also assist to create a safe, non-confrontational and informal environment for divorcing couples or disputing family members to reach the most suitable and favourable arrangements for their family as compared to a court decision arising from an acrimonious litigation.

Family Mediation Procedure Rules

Mediation is a voluntary process where a neutral third-party, the mediator, facilitates the disputants’ negotiation process for a private and amicable settlement.

Individuals who face problems with division of matrimonial or family assets, spousal maintenance, custody of children (including international child abduction cases), and wills and probate can apply for SMC’s Family Mediation Procedure Rules.

The Scheme seeks to encourage conciliation to end family discord, smooth out domestic conflicts and foster long-term family ties. The emotional turmoil faced by family members are also minimised while the costs are kept low.

Under this Scheme, SMC will appoint experienced mediators with family law expertise from its family panel.

SMC is also the service provider for family cases ordered by the Family Justice Courts (FJC) to attend private mediation. For more information on court-ordered mediation, follow the link to the FJC Practice Directions here.

Collaborative Family Practice

An alternative scheme for individuals with matrimonial discord is the Collaborative Family Practice (CFP), which is supported by the Family Justice Courts and Law Society of Singapore. CFP is a pre-action process and takes place before the start of any divorce or matrimonial proceedings. Both parties must also agree to participate in CFP before SMC can assist to take the matter forward.

Under the CFP scheme, specially trained CFP lawyers and family specialists such as financial advisors and child experts work with parties to negotiate an agreement that suits the family.

A unique feature of this process is that CFP lawyers cannot represent their clients in future litigation if the settlement is not reached. This gives a greater incentive for feuding parties and their lawyers to settle their disputes through the CFP process.

Unlike matrimonial disputes that end up in court, CFP is a much less stressful and less hostile process. The Family Justice Courts will prioritise these cases to have their agreements recorded and processed. It provides parties with a confidential and less formal avenue to negotiate issues peacefully, which can help maintain the well-being of any children involved.

For more information, please refer to the Collaborative Family Practice application form on the Documents & Forms page and Frequently Asked Questions (FAQs) page:

• Collaborative Family Practice FAQs

A comparison table of the different schemes can be found below: