Timelines for the Ancillary Matters in Divorce Cases — Best Practices Guide

The article sets out the timelines pertaining to ancillary matters cases.

It is important that the ancillary matters are resolved quickly and efficiently, for the sake of both parties to the divorce, as well as any children they may have. It is therefore vital that parties are mindful of, and adhere to, the timelines set by the court when preparing their cases for the ancillary matters hearing. This Guide has been written, in consultation with the Law Society’s Family Practice Committee, in order to set out the best practices, in this regard.

This Guide sets out:

•     the timelines which lawyers should adhere to when preparing the case for the ancillary matters hearing (see the table below);

•     certain principles which should be followed regarding the contents of the ancillary matters affidavits (see para 1 below); and

•     what the court may do to ensure that the said timelines are adhered to (see para 3 below).

As far as possible, lawyers ought to adhere to the timelines and principles set out in this Guide. The court, however, retains the discretion to set whatever timelines, and to make whatever orders are in its view necessary, in order to ensure an equitable and expeditious resolution of the ancillary matters. The court will have regard to the facts and circumstances of each case in making its orders.

Note: Content of the Ancillary Matters Affidavits

 (a) First round of affidavits:

      the affidavit should contain all relevant information on the filing party’s income and assets (where maintenance and/or matrimonial assets are in issue), as well as set out the party’s position on all the ancillary matters in issue.

(b)  Second and further round of affidavits:

(i)   the contents of the affidavit should be confined to replying to issues raised in the other party’s previous affidavit. No fresh issues should be raised.

(ii)  at the APTC, the party applying to file a further affidavit should be able (if asked) to specify exactly which paragraphs of the other party’s previous affidavit he wishes to reply to.

2    Fixing of Ancillary Matters Hearing Dates

Once the deputy registrar at the APTC has ascertained that the case is ready for trial, the matter will be fixed for hearing within one month of the date of the final APTC (however, those cases where the gross value of the matrimonial assets is $1.5m or more will be transferred to the High Court for hearing, pursuant to the Supreme Court of Judicature (Transfer of Matrimonial, Divorce and Guardianship of Infants Proceedings to District Court) Order 2003).

3    Keeping to the Timelines

 (a) Costs orders

      Costs orders may be made against a party who causes an adjournment of an APTC, if the court is of the view that he has failed to comply with the relevant court orders and/or failed to conduct his case with due expedition:

(i)   quantum of costs awarded would usually be an average of $150-$250 for each adjournment. The costs awarded to a party who attends the APTC via Justice Online would usually be the same as for a party who attends the APTC in person; and

(ii)  costs orders may be made for the first breach of the relevant court order, unless there are good reasons for the breach.

(b) Unless orders

      If the ancillary matters affidavit is not filed on time, or if, in the view of the court, the parties have not conducted the case with due expedition, the ancillary prayers may be struck out. The parties may then have to apply by way of a Summons-in-Chambers to restore the prayers, or to appeal against the striking out order.

Deputy Registrar Lim Hui Min

Family Court