JULAI FOO ING TZYY v AU BEE KUN
Catchwords
Family Law; Divorce; Petition for Dissolution of Marriage; Law Reform (Marriage and Divorce) Act 1976 (Act 164); ss 53, 54(1)(d), 57, 88, 89, 92, 93, 95, 106; Irretrievable Breakdown of Marriage as Sole Ground; Proof of Breakdown; Living Apart for Continuous Period of Two Years Immediately Preceding Petition; Requirement of Continuous Separation; Distinction between Physical Separation and Marital Separation; Necessity for Pleading Primary Facts; Insufficient Particulars of Separation; Failure to Identify Date or Continuity of Separation; Absence of Evidence of Resumption of Cohabitation; Inadequate Supporting Affidavit; Bare Adoption of Petition; Judicial Duty to Inquire into Facts under s 53(2); Undefended Petition Not Automatically Granted. Conciliation; Reference to Conciliatory Body; Marriage Tribunal; Certificate of Failed Reconciliation; s 106 as Procedural Pre-condition; Maintainability of Petition; Distinction between Procedural Compliance and Substantive Proof; Interplay between s 106 and ss 53–54; Certificate Not Proof of Irretrievable Breakdown; Failure of Reconciliation Insufficient to Establish Statutory Ground; Judicial Function Distinguished from Conciliatory Process. Pleading Requirements; s 57 Content of Petition; Principal Allegations of Breakdown; Minimum Pleading Threshold; Requirement to Plead Coherent Factual Narrative; Failure to Particularise Circumstances of Separation; Failure to Link Separation Period to Date of Filing; Absence of Temporal Precision; Petition Stated in General Terms; Conclusions Instead of Facts; Insufficient Factual Foundation. Matrimonial Home; Identification of Matrimonial Property; Failure to State Ownership or Tenure; Absence of Particulars as to Occupation; No Clarity on Rights or Interests; No Express Position Despite No Claim for Matrimonial Property; Risk of Uncertainty in Decree. Custody; Minor Child; s 88 Paramountcy of Welfare; s 89 Conditional Orders; Absence of Welfare Evidence; No Particulars of Residence, Schooling, Care Arrangements, Health, Emotional Circumstances; Failure to Provide Practical Proposals; Access; Vague and Uncertain Access Terms; “Reasonable Access” Insufficient; Lack of Specificity in Frequency, Duration, Handover and Holidays; Risk of Post-Judgment Conflict; Orders Must Be Workable and Enforceable. Child Maintenance; ss 92 and 93 Duty and Power to Maintain; Assessment Based on Means and Needs; Absence of Evidence of Respondent’s Means; Absence of Evidence of Child’s Needs; No Financial Particulars; Claim for Fixed Sum Unsupported; Duration of Maintenance; s 95 Limitation to Age of 18; No Evidence of Physical or Mental Disability; Claim Extending to Completion of First Degree Not Supported by Statute.
Judges (1)
Parties (2)
Judgment
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