Proposal for Inclusion of Registrar's Empowerment Clause in Court Orders to Facilitate Sale and Transfer of Matrimonial Assets
Ministry of Social and Family DevelopmentSpeakers
Summary
This question concerns Ms Carrie Tan’s proposal to include a Registrar's Empowerment clause in all matrimonial asset sale orders to prevent delays by uncooperative ex-spouses. Minister of State for Social and Family Development Ms Sun Xueling stated that default inclusion is inappropriate as most parties comply and the Court should not presume non-compliance without evidence. She highlighted that the Ministry uses a therapeutic justice approach to prioritize the interests of families rather than disempowering parties through adversarial positioning. Existing remedies allow parties to return to Court to vary orders or seek specific instructions if delays occur, ensuring the process remains fair. In such rare instances of willful delay, the Court may then issue a Registrar's Empowerment Clause to facilitate the sale or transfer of matrimonial assets.
Transcript
16 Ms Carrie Tan asked the Minister for Social and Family Development (a) whether the Ministry will consider having a Registrar's Empowerment clause included in all Court orders relating to the sale and transfer of matrimonial assets to prevent situations of housing limbo faced by divorcees whose ex-spouses refuse or willfully delay the sale and transfer of their matrimonial flat; and (b) if not, what are the considerations and reasons for not including the clause.
The Minister of State for Social and Family Development (Ms Sun Xueling) (for the Minister for Social and Family Development): Mr Speaker, Sir, in the vast majority of divorce proceedings, parties promptly comply with Court orders. It would be inappropriate for the Family Justice Court or Syariah Court to, without evidence, presume that one or both parties do not intend to comply. This is why the Court does not impose a Registrar's Empowerment Clause as a default option.
We are concerned about disempowering the parties to a matrimonial proceeding, which is also inconsistent with our intent to secure the best interest of the parties and their children. Instead, a therapeutic justice approach helps couples to move forward in a more positive way, rather than positioning parties as adversaries in Court.
In the rare case where one party refuses or wilfully delays the sale or transfer of the matrimonial assets, remedies already exist. The other party may return to Court and apply to vary the order. The Court may instruct the parties to address the underlying disagreement, such as for parties to accept the highest offer within a specific period. The Court may also then make a Registrar's Empowerment Clause.
Mr Speaker: Ms Carrie Tan, next question.