{"id":38265,"date":"2013-10-20T12:11:30","date_gmt":"2013-10-20T12:11:30","guid":{"rendered":"https:\/\/glutenfreepleasure.com\/__proxy_domain\/www.singaporedivorcelawyer.com.sg\/?p=650"},"modified":"2025-06-23T14:10:05","modified_gmt":"2025-06-23T06:10:05","slug":"ancillary-matters-hearing","status":"publish","type":"post","link":"https:\/\/glutenfreepleasure.com\/__proxy_domain\/www.singaporedivorcelawyer.com.sg\/ancillary-matters-hearing\/","title":{"rendered":"Ancillary Matters Hearing"},"content":{"rendered":"

In the second stage of the divorce process, Ancillary Matters Hearings address issues such as child custody<\/a><\/strong>, control, and access<\/a><\/strong>, child and spousal maintenance<\/a><\/strong>, the division of the marital home<\/a><\/strong> and other matrimonial assets.<\/p>\n

In this article you will be guided through the stages of an ancillary hearing, from obtaining an interim judgment up until the final judgment.<\/p>\n

At the end of the first stage of the divorce, an interim judgment for the divorce is granted. The court will then fix a date for an Ancillary Matters Pre-Trial Conference (\u201cAPTC\u201d)<\/em>. <\/p>\n

The APTC is a prelude to hearings for a determination of the ancillary matters<\/a><\/strong>.<\/p>\n

What are Matrimonial Assets?<\/h2>\n

They include assets acquired by one or both parties during the marriage, assets used by one or both parties or their children, or even assets acquired before the marriage but substantially improved in quality during the marriage. <\/p>\n

Assets received as gifts or inheritance<\/a><\/strong>, are generally not considered as matrimonial assets unless they have been substantially improved by the other party.<\/p>\n

The first notice from the Family Court will also provide you with directions to file the FORM 35 i.e. Affidavit of Assets and Means (referred to as the 1st AOM).<\/p>\n

Read more: Gifts In The Division Of Matrimonial Assets<\/a><\/strong><\/p>\n

Ancillary Matters Pre-Trial Conference<\/h2>\n

The FIRST APTC<\/strong> is conducted by a Deputy Registrar. It is attended in chambers; meaning that the hearing is closed to the public and only the divorce lawyers<\/a><\/strong> attend the hearing. <\/p>\n

The judge will ask if parties have filed and exchanged their 1st AOM<\/em>. The judge will also direct parties to exchange proposals and consider if the matter come be dealt with at mediation. If yes, a date will be set for parties to attend Mediation with their lawyers.<\/p>\n

Rad more: Existing Litigation vs Ancillary Matters<\/a><\/strong><\/p>\n

Mediation<\/h2>\n

If mediation is successful<\/em><\/strong>, the terms of settlement will be recorded and thereafter the order of court will be extracted. The Final Judgment shall be extracted after 3mths of Interim Judgment.<\/p>\n

If mediation fails<\/em><\/strong> and there is no settlement, parties return for a SECOND APTC<\/strong> and they will be directed to file and exchange their 2nd AOM<\/em>. <\/p>\n

A THIRD APTC<\/strong> is held and a status updated is given to the court. Directions are further given. Parties can have a final say and they can file and exchange their 3rd AOM<\/em>.<\/p>\n

Read more: All you need to know about Divorce Mediation in Singapore<\/a><\/strong><\/p>\n

Summons Application-Discovery-Expunging<\/h2>\n

During the interim period of the exchange of the Affidavits, parties can take out summons application on interrogatories; discovery; and even to the extent to expunge the other party\u2019s affidavits i.e. on parts that are offending.<\/p>\n

Once there are no more summons applications or AOMs filed, at the FINAL APTC, the judge will direct parties to file their Ancillary Matters Facts and Position Sheet, Checklist and Declaration of Assets.<\/p>\n

If the net value of matrimonial assets is above S$1.5 million, the hearing is held in the High Court. Otherwise, it is heard in the Family Court.<\/div>\n

At the FINAL APTC<\/strong>, the Ancillary Matters hearing date will be given with directions for parties to file their written submissions to the Court ahead of the hearing.<\/p>\n

Ancillary Matters Hearing<\/h2>\n

During the ancillary matters hearing, the court will consider various factors to achieve a fair result whilst dividing contested assets. <\/p>\n

These include:<\/p>\n