UFN v UFM and another matter [2019] SGCA 54

Outcome: Appeal dismissed

Facts

1 The appellant appealed against the decision of the Family Division of the High Court, which granted the respondent leave to commence proceedings under Chapter 4A of the Women’s Charter (Cap 353, 2009 Rev Ed) to obtain financial relief following a divorce obtained in Indonesia.

Court’s Decision:

2 An applicant must first obtain leave to apply for financial relief under Ch 4A. The applicant must show that there is a foreign divorce, annulment or judicial separation recognised as valid in Singapore. He or she must also establish that the Singapore court has jurisdiction over the matter as required by s 121C: at [34].

3 Next, the applicant must show “substantial ground for the making of an application”. “Substantial ground” is made out if it would prima facie be appropriate for the Singapore court to grant relief, having regard to the s 121F factors and keeping in mind that the purpose of the leave application is to filter out hopeless, frivolous or unmeritorious cases. At this stage, not every factor in s 121F needs to be considered in the way that a court hearing the substantive application might do so: at [31] and [34].

4 If leave is granted, the court will hear the application for financial relief under s 121G at the next stage; in doing so, the court must conclude that it would be appropriate for the Singapore court to grant the relief, having regard to the s 121F factors: at [34].

The full text of the decision can be found here.