Since its overhaul in 2014, the Singapore Family Justice System has undergone significant reforms aimed at protecting family relationships, reducing conflict, and prioritising the welfare of children. The creation of a specialised set of Family Justice Courts ensures that matrimonial disputes are handled with sensitivity, focusing on resolution rather than adversarial litigation.

This article explores the structure, guiding principles, and unique processes of Singapore’s family law framework, particularly in the context of divorce, child custody, and maintenance matters, with a spotlight on the system’s adoption of Therapeutic Justice.

Overview of the Family Justice Courts

The Family Justice Courts of Singapore comprise:

• The Family Division of the High Court
• The Family Courts
• The Youth Courts

These courts address a wide spectrum of matters including:

• Divorce and separation
• Custody and guardianship
• Family violence and protection orders
• Maintenance disputes
• Probate and mental capacity applications

Each court plays a distinct role, Youth Courts focus on juvenile matters, while complex or high-value divorce cases are heard at the Family Division of the High Court.

The Therapeutic Justice Model

A significant development in Singapore’s family law landscape is the adoption of the Therapeutic Justice (TJ) model, now a guiding philosophy in the Family Justice Courts. Introduced following the Family Justice Reform Committee’s recommendations in 2019, this model redefines how disputes are approached.

Key aspects include:

• Judges actively managing cases to minimise conflict and promote resolution
• Encouraging parties to participate in counselling and mediation
• Designing processes that support emotional healing and relational repair
• Promoting child-centric outcomes through collaborative parenting plans

This shift reflects the view that family disputes are not merely legal issues but deeply personal challenges that require empathetic handling and future-focused solutions.

Key Features of the Family Justice System

Judge-Led Process

Singapore adopts a judge-led approach, where the presiding judge actively manages proceedings to keep them focused and efficient, reducing unnecessary conflict.

Simplified Court Processes

The courts offer:

• User-friendly forms
• Standard templates for affidavits
• Plain language guidance

Complex or urgent matters may be docketed to a single judge to ensure consistency.

A Child-Centric Focus

The welfare of the child remains the court’s paramount concern. The system supports this through:

• Child Representatives appointed in contentious custody matters
• Parenting Coordinators to guide effective co-parenting
• Welfare and psychological reports to assess the child’s needs

Children’s voices are respected where appropriate, and court proceedings aim to protect them from emotional distress.

The Two-Stage Divorce Process in Singapore

Stage 1: Termination of Marriage

The court evaluates if legal ground exists for divorce. Facts include:

• Adultery
• Unreasonable behaviour
• Desertion
• Separation (with or without consent)
• Divorce by Mutual Agreement

Stage 2: Ancillary Matters

Once divorce is granted, the court addresses:

• Division of matrimonial assets
• Child custody, care and control
• Spousal and child maintenance

Each issue is evaluated based on the family’s unique context and what best serves the welfare of the child.

Maintenance and Protection from Family Violence

Under the Women’s Charter, financial maintenance can be awarded to a spouse and children. The courts assess factors such as:

• Income and earning capacity
• Reasonable living expenses
• Standard of living during marriage

Victims of family violence—defined broadly to include threats, harassment, and emotional harm—may seek Personal Protection Orders to ensure safety.

Mediation and Alternative Dispute Resolution

The Family Justice System strongly encourages non-adversarial resolutions:

Court and Private Mediation

Mediation may take place:

• Pre-divorce (private or Singapore Mediation Centre)
• During divorce, especially at the Child Focused Resolution Centre (CFRC)
• Post-divorce, for variations or enforcement

Collaborative Family Practice (CFP)

A voluntary process where both parties agree not to litigate. Trained lawyers help resolve disputes in structured meetings with a focus on cooperation and children’s wellbeing.

4-Way Negotiations

A practical alternative involving both parties and their lawyers working collaboratively to reach a mutually agreeable settlement.

Division of Matrimonial Assets

Asset division under Section 112 of the Women’s Charter follows the principle of just and equitable distribution. Courts evaluate:

• Direct contributions (e.g., income used to purchase assets)
• Indirect contributions (e.g., caregiving, homemaking)
• Needs of the children and post-divorce financial independence

Structured judicial reasoning ensures both parties’ contributions are fairly assessed.