There has been an increased pattern of cross-border marriages and international divorces. The Law Reform Committee in 2009 noted that the number of marriages between Singaporeans and foreigners has been rising. Prior to 2011, where there is a foreign decree declaring the termination of a marriage, local courts could not deal with the ancillary issues such as division of matrimonial assets or maintenance for the former spouse. The Co urt had limited powers to divide matrimonial assets under s 112 of the Women’s Charter (Cap 353, 2009 Rev Ed) and to order maintenance under s 113 of the Women’s Charter because these powers were “ancillary” to its jurisdiction to grant a divorce, nullity or judicial separation. This was a significant lacuna in the law. 

However, statutory amendments to the Women’s Charter have since been effected to provide for the gap in this area of the law. The Women’s Charter (Amendment) Act 2011 (Act 2 of 2011) extended the powers in various sections of the Women’s Charter to marriages which have been dissolved, annulled, or where the parties to a marriage have been legally separated by means of judicial or other proceedings in a foreign country recognised as valid under Singapore law. A new section, s 121B of the Women’s Charter, provides that parties in the aforementioned situations may apply for financial Relief under the new Chapter 4A of the Women’s Charter. The void has been filled by these provisions. 

The main goal of the new Chapter 4A is to provide the court with powers to grant financial relief even when the marriage has been terminated by foreign matrimonial proceedings and the foreign court has ordered not to grant any relief, or the relief granted is (in the court’s opinion) inadequate or unfair. This section fills the lacuna left by the ancillary character of post-divorce financial reliefs which resulted in the Singapore court previously having no power to grant them. Nevertheless, the court has opined that it should be cautious in re-opening the case and adjudicating the foreign order to be unfair. It should be noted that due respect for comity of nations is important, and the court should be aware of the possibility of the fact that applicants might be trying to get a second bite of the cherry. 

In order to prevent abuse, certain safeguards have been set in place. Thus, the applicant must first seek permission to apply for this relief, and permission may be denied if the parties do not have sufficient connections with Singapore, or if the applicant has not demonstrated substantial grounds for relief, or Singapore is not the appropriate venue to provide such relief.

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