Louis delivered his budget cut on Helping Divorcees with a New Home at Committee of Supply 2017.

Louis: Next, it cannot be easy to go through a divorce, especially when children are involved. I am sure the biggest worry for any parent is whether they can provide their children with a roof over their heads. We do have the ASSIST programme, but I hope we can allow them to start the housing application upon getting the interim judgment of divorce since it is uncommon for the proceedings to not continue. This will help ensure that the children are not left homeless after the divorce is finalised, and ease the transition into the next chapter of their lives.

Mr Lawrence Wong (The Minister for National Development): Several Members − Ms Kuik Shiao-Yin, Mr Louis Ng, Ms Rahayu Mahzam and Miss Cheryl Chan − also asked about how we are helping vulnerable groups, including divorcees and single unwed parents.

We are fully committed to helping them with their housing needs and making sure no one falls through the cracks.

If they are unable to afford a flat and do not have alternative housing options, HDB will assist them with a rental flat, and we are continuing to build more rental flats to meet these needs. In the last three years, HDB has helped nearly 2,000 single parents with a public rental flat. And by single parents, we mean divorcees with children, as well as unwed mothers with children. This is about 27% of all households who were allocated a public rental flat during that time.

Every case that HDB receives is unique, and our officers will review each case very carefully. If necessary, they will work together with the local social service agencies − the SSO, the Family Service Centre social workers − to assess the family's situation, and they will exercise flexibility for those in difficulties.

Louis: Thank you, Sir. Firstly, can the Minister confirm whether exceptions have been made for the ASSIST programme where the divorcees can start their application when they get the Interim Judgement of divorce?

Dr Koh Poh Koon: With regards to Interim Judgement for divorce case − before the Final Judgement has been imposed, I think it will be hard to decide at that point in time, who gets full care and control of the child. Therefore, it is very hard at that point in time to allow application for a flat. Also, sometimes the judge also determines who gets the matrimonial home, or the two parties may decide the way they want to split the assets. Therefore, until the judgement is finalised, and assets are well split, it is very hard to then allow the applicants to apply for a flat.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for National Development (a) whether divorcees with joint custody of their children may apply for subsidised public housing without their ex-spouse's consent; (b) if so, how many of such applications have been approved each year in the last three years; and (c) under what criteria are these applications approved.

Mr Lawrence Wong (MND): Within the first three years of divorce, divorcees with joint custody may apply for a subsidised flat without their ex-spouse's consent, provided they are awarded sole care and control of all the children from the marriage, and all their children are aged below 18 at the time of the divorce.

Divorcee parents who do not fulfil the aforementioned conditions and are unable to obtain their ex-spouse's consent may be granted flexibility on a case by case basis. In the last three years, HDB granted more than 200 requests to waive the consent requirement, on grounds such as financial hardship and lack of family support.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for National Development how does HDB determine what qualifies as over-crowding in HDB flats and whether Minimum Space Standards, or similar objective criteria, can be published to improve transparency.

Mr Lawrence Wong (MND): Mr Speaker, as HDB flats primarily serve to meet the housing needs of flat owners and their family members, there is no limit imposed on the number of family members who can live together in an HDB flat.

However, HDB imposes an occupancy cap on flats which are rented out to unrelated persons. This is to minimise the disamenities caused by overcrowding and to maintain a conducive living environment in our public housing estates.

HDB reviews the occupancy cap from time-to-time to ensure that it remains relevant. Currently, the cap is four persons for 1- and 2-room flats, six persons for 3-room flats, and nine persons for 4-room and larger flats.

From 1 May 2018, the occupancy cap for 4-room and larger flats will be reduced to six persons in line with the rule for private residential properties, and these rules are published on HDB InfoWeb. Appropriate action will be taken against the flat owners if the number of tenants exceeds the occupancy cap.  

Louis: I thank the Minister for the reply. Will the Minister consider using this maximum number of occupants allowed in a flat that is being rented out as the same criteria to be applied when the single unwed parent or a divorcee is considered whether they can live with their parents or family members as an alternative accommodation?

I am suggesting this as this would make sense if the family wanted to rent out the flat and they are not allowed to because they have met the maximum number of occupant limits and would be considered overcrowded. Then, surely the same family cannot provide accommodation to their child or siblings who are single, unwed or divorced.  

Mr Lawrence Wong: Mr Speaker, as I had mentioned earlier, the cap on flats is applied only for flats which are rented out to unrelated parties. There is presently no occupancy cap on families living together in their own HDB flats and that should be the standard we apply similarly, whether or not it is a family or it is a single unwed parent. 

Louis: I also asked in the PQ about the minimum space standard and can Minister clarify why we are not going to publish this minimum space standard? This is what is actually being done in the EU and Canada already.  

Mr Lawrence Wong: Mr Speaker, I think we should look at this in context and perspective. Different countries have different standards. Not all countries have a minimum space standard, and even those that do, use these standards as guidelines. These are not necessarily legislated in some of the countries that Mr Ng mentioned.

In Singapore's context, all of us know that space is limited and we have to optimise space to the best of our abilities. What we do for HDB flats, is we publish the size for the different flat typologies – 1-room, 2-room, 3-room, 4-room – all of different flat sizes. The floor space for each of these HDB unit types are made public and families can choose which ones they would like to apply for.  

Louis: Just one last question. We talk about over-crowded and I cannot see a reason why whether a person is related or not would determine whether the place is over-crowded. If there are nine people staying in there who are related, it would still be over-crowded – even if the nine people were unrelated. So, can the Minister clarify why there is this point about whether they are related or not, in terms of deciding whether it is over-crowded?

Mr Lawrence Wong: Mr Speaker, as I had mentioned earlier, we do not prescribe minimum standards of space for Singaporean families, who purchase their own flats. It may be a family with five children, three children, four children, what flat type you wish to choose is entirely up to you. The different flat types are made available. There are generous grants given, and then you decide what flat you choose. That is a policy that has served us well and will remain. The occupancy standard applies for rental and that standard applies really to minimise over-crowdedness and to maintain the residential character of the HDB estate as one meant primarily for families to live and stay in. That is why there is this occupancy cap and it is applied to unrelated persons. 

Source: Hansard (Parliament of Singapore)

Louis delivered his budget cut on Waiving Ex-spousal Consent for Housing at Committee of Supply 2018.

Louis: Sir, going through a divorce is not emotionally easy for both parents and their children. And it makes matters worse when they have to worry about whether they have a home to live in after the divorce.

In response to the Public Petition I filed, MND has stated that "a range of Government agencies work together to ensure that no child is without adequate housing, regardless of whether his or her parents are single or married".

But the problem arises when parents do not have sole care and control of all the children and all the children are aged below 18 at the time of the divorce. They will need to get their ex-spouse’s consent to apply for subsidised public housing. This consent requirement is difficult since their relationship is clearly strained. I also note that sole care and control is now seldom awarded.

I do understand that in the last three years, HDB granted more than 200 requests to waive the consent requirement but I hope that Minister can consider waiving this requirement altogether for all divorcees.

Mr Lawrence Wong (MND): One issue that divorcees may face is the time bar for purchase of subsidised flats. I think Mr Louis Ng mentioned this just now. This is a rule put in place in 1997, whereby during the time bar, a divorced couple can only own one subsidised flat between them. So both sides have to agree on who should be allowed to buy the subsidised flat. This is what we call the "mutual consent" agreement or requirement. The time bar was set at five years initially, and we have reduced it to three years. Since 2012, we have waived the mutual consent requirement for the parent with sole care and control of young children to buy a subsidised flat, in order to prioritise their housing needs. This has helped the majority of divorced couples with children, but there are others still subject to the time bar.

We have reviewed the matter and we have decided to remove the time bar completely. We hope that this will help divorced persons provide a more conducive living environment for their children, and go some way to help families through an already difficult period of transition.

We will continue to do our best to help these and other groups, including single unwed parents with children. We already exercise considerable flexibility for such appeals – as I have elaborated upon in previous sessions – and we will continue to do so. We look at each case carefully and consider what is in the best interest of the child, and if necessary, we will assist the parents, or the parent and child, in purchasing a flat.

Louis: Sir, three questions. But first, let me say a big "thank you" to my now favourite Minister – Minister Lawrence. Can I confirm that the removal of the mutual consent requirement is with immediate effect? Second, does it apply to people who were divorced before the announcement today?

Mr Lawrence Wong: Thank you, Mr Ng. The implementation details will be put up by HDB. I think the timelines and who will be eligible will be all made clear so I do not want to dwell on that now in terms of the time bar. But we do want to do it soon and we want to make sure that as many people will benefit from this lifting of the time bar as possible.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for National Development what are the eligibility conditions for divorcees with shared care and control of their children to purchase a subsidised HDB flat.

Ms Sun Xueling (for the Minister for National Development): Divorcees with children under their legal custody, care and control may form a family nucleus, by listing their children as essential occupiers in their flat application. Those awarded shared care and control of their children share the right to list the children in their flat application. This is rare, as care and control is usually awarded to one parent.

As any individual can only be listed in one HDB flat application, we require parents with shared care and control to seek their ex-spouse's agreement before listing the child in a flat application. This ensures fairness to both parties, as HDB is not in a position to determine which parent should exercise the right to list the child. Nonetheless, those who cannot reach an agreement with their ex-spouse may approach HDB to discuss their options.

Louis: I thank Senior Parliamentary Secretary for the reply. I have two clarifications. I understand that the shared care and control is actually a Court ruling so that the children following a divorce will be able to live with both parties. But then our housing policies now penalise them for having this shared care and control, instead of sole care and control. I am wondering if MND can work with the courts so that we can align our policies so that the judgment that is obtained can actually be enforced and be feasible. 

The second clarification is that HDB had initially said the they have removed the time bar because they realised that it caused friction between both parties because they cannot decide on who will get the subsidised housing. They also said they had removed the time bar in the best interest of the children involved in the divorce. But now that we are back to the ex-spousal consent on who can list the children as occupiers, are we not back to square one again? And would Senior Parliamentary Secretary agree that this would again lead to friction between both parties, because they now have to again decide on who will get the subsidised housing?

Ms Sun Xueling: I thank the Member for his question. Now, time bar aside, divorced couples with shared care and control of their child, as I have mentioned, are still required to obtain their ex-spouse's written agreement before they apply for a flat. This is because both parents have equal rights to buy a flat with their child, and HDB is not in a position to determine which parent should exercise the right. This is also to be consistent and fair to all HDB flat owners and households, where each person can only be listed in one HDB flat. But for those who face challenges in reaching an agreement, HDB will exercise flexibility, if they face financial difficulties or lack family support. We will ensure that parents with shared care and control have options to provide housing for themselves and their children. 

So, we recognise that each of the family's circumstances are different and it is best to take an approach where flexibility can be exercised to meet the specific circumstances and needs. 

Louis: One last clarification or suggestion. Can I suggest that at least we waive this ex-spousal consent, for children to be listed as occupiers, if the other party has moved on. Following the divorce, they now own a private property or they own a subsidised housing, which means that they have re-married. Can the ex-spousal consent then be waived for the other party? I know of cases where both refused to sign and both ended up renting homes, because that is the whole reason why they divorced in the first place. They could not agree on things. So, can we at least waive ex-spousal consent for these cases?

Ms Sun Xueling: I thank the Member for his feedback. As I have said, we will look at each case on a case-by-case basis. In the specific case that he has mentioned, if the party does not own the property after the divorce, comes to HDB and satisfies the needs-based approach that we mentioned, then we will work with him to ensure that he has housing options. 

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for Social and Family Development for each of the years from 2015 to date, what is the respective breakdown of the number and percentage of divorce cases where shared care and control of the children is awarded.

Mr Desmond Lee (MSF): There were 119 and 161 divorce cases where shared care and control was awarded in 2015 and 2016¹ respectively, which were 3.0% and 4.1% of the total number of divorces with care and control orders made for the respective years².

As any individual can only be listed in one HDB flat application, we require parents with shared care and control to seek their ex-spouse's agreement before listing the child in a flat application. This ensures fairness to both parties, as HDB is not in a position to determine which parent should exercise the right to list the child. Nonetheless, those who cannot reach an agreement with their ex-spouse may approach HDB to discuss their options.

¹ Data on care and control from 2017 are not yet available.  
² Figures are by the year of final judgment granted (under the Women’s Charter) and year of divorce registered (under the Administration of Muslim Law Act).  

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for National Development whether the Ministry will consider waiving the requirement for ex-spousal consent on who can list the children as occupiers in a HDB flat application if the ex-spouse has already purchased a private property or a HDB flat following the divorce.

Mr Lawrence Wong (MND): Parents with shared care and control have equal right to list their children in their flat application. Hence, the requirement for one parent to obtain agreement from the other is in place because we respect the right of each parent to purchase a HDB flat with their children.  

While we encourage parents to resolve matters in the best interest of their children, we understand the concern that reaching mutual agreement might be difficult in some divorces. In such situations, HDB adopts a needs-based approach and exercises flexibility on a case by case basis. In particular, if the ex-spouse has purchased another property, we will indeed take that into consideration in our assessment of the case.  

Source: Hansard (Parliament of Singapore)

Louis delivered his budget cut on Waiving Mutual Consent for Divorcees at Committee of Supply 2019.

Louis: Sir, parting ways with someone you used to love or perhaps still love may not be an easy process. When a child is involved, it could get even harder. Going through a divorce is an emotionally draining period and our policies might make it more acrimonious, especially for the lower income. 

Couples know that if they get shared care and control of their child, they will have to fight each other for subsidised public housing. If one party gets sole care and control, then he or she is guaranteed subsidised public housing. Is it in the best interest of the child for their parents to have a more acrimonious divorce? If shared care and control is a court judgment, should not our housing policies make it possible to enforce the judgement to protect the best interests of the child?

Will the Minister consider waiving the mutual consent requirement when shared care and control is awarded by the court, especially in cases where parties are only able to afford subsidised public housing?

Source: Hansard (Parliament of Singapore)

Ms Sun Xueling: Mr Louis Ng and Er Dr Lee Bee Wah asked whether we can better support divorcees in their housing transition, especially those with children. Mr Ng also asked whether we can help young single unwed parents to rent a flat from HDB more expeditiously.

Last year, we lifted the time bar on divorcees to facilitate their housing transition after divorce. However, some still face difficulties due to acrimony between both parties. Some cannot take action on their matrimonial flat because their ex-spouses are uncooperative and do not adhere to the Court Order. Parties whose ex-spouses are uncooperative may seek legal help to resolve the issue, for example by applying to the relevant Court to vary the Court Order to empower the Registrar to sign on behalf of the uncooperative party.

There are also those awaiting their Final Judgment of divorce. They may be worried about their next housing arrangement, and hoping to apply for a flat earlier. This is understandable. HDB will now allow divorcing parties to apply for a new flat from HDB if they have an Interim Judgment and have settled the ancillary matters on their matrimonial property, and the custody, care and control of their children. This means they no longer have to wait until the Final Judgment in order to apply for a flat. They will just need to obtain the Final Judgment before collecting their keys, and ensure that they are still eligible for the flat that they booked. We hope this will give divorcing parties some peace of mind as they go through an emotionally difficult period.

A final group, as Mr Ng mentioned, are those with shared care and control of their children, who require agreement from their ex-spouse to buy a subsidised flat with their children listed. In such cases, both parents have a shared and equal right to list their children in their flat. That is why we start by encouraging parents to agree on the listings in the best interests of their children. But we understand that there may be difficulties sometimes, and so if there are indeed difficulties, HDB will look at the case more closely, and will be prepared to exercise flexibility to help protect the interests of the children.  

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for Law for each year in the past five years (a) what is the absolute number and the percentage of divorcees who failed to comply with court orders to sell their matrimonial flats within the stipulated time; and (b) what was the average and median time it took beyond the stipulated time to sell the flat.

Mr K Shanmugam (MinLaw): We have checked, and have been informed that the time taken to complete the sale of such matrimonial flats, upon divorce, and whether there was compliance with time limits set in Court Orders is not tracked by any agency. The terms of the Court Orders, and whether any extension of time is needed by the parties, is a matter between the parties, unless the parties inform the Housing and Development Board (HDB) of the same. 

Parties may apply to Court for an extension of time to sell the flat. Parties can sell their HDB flat as long as they are able to reach an agreement in doing so, and HDB will process the sale accordingly. It also depends on the terms of the Court Orders.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for Social and Family Development whether the Ministry will consider requiring divorce rulings that award shared care and control to also state which party is allowed to list the child as an essential occupier in their application to buy a subsidised HDB flat.

Mr Desmond Lee (MSF): Section 126 of the Women's Charter allows the Court to make a care and control order subject to any conditions as it thinks fit to impose, including the place where the child is to reside. Any condition included by a judge or by the parents, if they have reached an agreement, must be in the best interests of the child as well as necessary for their circumstances.

We have considered the suggestion for all care and control court orders to state which parent is allowed to list the child as an "essential occupier" for the purposes of applying for a HDB flat. However, we do not intend to make this a mandatory requirement. 

Both parents have a shared and equal right to list their children in their flat. We want to encourage parents to work out suitable arrangements between themselves, bearing in mind what would be in their children's best interests. It is not ideal for them, in a situation where they have shared care and control, to seek or rely on Court orders to list down all matters pertaining to their children, including housing. 

That said, some parents may face genuine difficulties in reaching an agreement. In such cases, HDB will review the matter and will be prepared to exercise flexibility to protect the interests of the children.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for Social and Family Development for 2017 and 2018 respectively, what is the respective breakdown of the number and percentage of divorce cases where shared care and control of the children is awarded.

Mr Desmond Lee (MSF): We are working with the Family Justice Courts and the Syariah Court to collate the data and will share this when ready.

Source: Hansard (Parliament of Singapore)

Louis delivered the following budget cuts at Committee of Supply 2020.

Waiving Mutual Consent Requirement

Louis: Last year, I met Gina (not her real name) who is a divorcee. She originally had sole care and control of her son but it was eventually changed to shared care and control. 

She has successfully applied for an HDB flat when she had sole care and control but it was later rejected at the key collection stage as the care and control was changed to a shared one. She was unable to obtain mutual consent from her ex-husband even though he was already staying in a private property and did not need an HDB flat. 

It has been years since the divorce and, due to various other circumstances, she is still renting a place to stay in. Her ex-husband continues to stay in the private property. 

I feel this is terribly unfair. I thank MND for reaching out to help her and I hope MND will consider waiving the requirement for ex-spousal consent on who can list the children as occupiers in an HDB flat application if the ex-spouse has already purchased a private property or an HDB flat following the divorce.

Mr Lawrence Wong: For divorcees, we understand and recognise that their housing transitions can be stressful. To ease this process, we now allow divorcees to apply for flats earlier, once their Interim Judgment has settled matters concerning the children and matrimonial flat. But some concerns still remain. For example, Mr Louis Ng spoke about divorcees who are awarded shared care and control of a single child but are unable to agree on who can list the child in their flat application. We understand that such agreement is not always possible, especially if the divorce was acrimonious. When this happens, HDB will be prepared to consider waiving the mutual agreement requirement, if there is clear evidence that one party has already moved on.

Source: Hansard (Parliament of Singapore)

Louis: The second clarification is back to the divorcees with shared care and control. I am very thankful that we will exercise flexibility for those where one party has already has private housing. But could I ask further whether we can waive the mutual consent if both parties that have shared care and control are low income, meaning that both cannot really afford to buy from the open market and would need subsidised HDB flats?

Mr Lawrence Wong: Mr Chairman, the short answer is yes, we are very reasonable people and we want the best for the child. So, in a case where indeed, both have divorced, they have one child, it is shared care and control and each individual wants subsidised housing, today, the rule does not allow the child's name to be together with both parents. But if they both need subsidised housing, on a case-by-case basis, if they are indeed lower income, they cannot afford to buy a home themselves, we will look at these cases and we will see what we can do to extend flexibility to them.

Source: Hansard (Parliament of Singapore)

Specifying Essential Occupier in Divorce

Louis: Sir, last year I asked the Ministry to consider requiring divorce rulings to specify which parent can list their child as an essential occupier in HDB flat applications. The reply was that parents with shared care and control arrangements have equal rights to list their child as an essential occupier and they should come to a mutually agreeable decision themselves.

That is ideal but the reality is that a divorcing couple might find it hard to cooperate on an issue as contentious as housing. Divorce rulings already decide on custody, care and control and division of matrimonial assets, which are equally contentious. Why not housing?

Can MSF clarify what each parent awarded care and control is expected to provide in terms of housing for the child? Is a parent's ability to provide housing a factor in awarding care and control to that parent? 

For the welfare of the child, can MSF require divorce rulings that award shared care and control to also state which party is allowed to list the child as an essential occupier in their application to buy a subsidised HDB flat?

Mr Desmond Lee: Mr Louis Ng asked whether MSF could require divorce rulings to specify which parent can list their child as an essential occupier when applying to buy an HDB BTO flat. I think the Member asked the same question yesterday during MND's COS and also got his answer.

Sir, it is better for couples to work out arrangements between themselves. It involves their children and they will be co-parents for the lives of their children as they grow up. This is where the initiatives I just described – the portal, online counselling – could help them work out the best care arrangements for their children.

Having said that, the Member is right that not all divorces are amicable. HDB is prepared to consider waiving the mutual agreement requirement if there is clear evidence that one party has already moved on. And the Courts ultimately have the power to make care and control orders and impose conditions. Parties may return to Court for detailed rulings, if necessary.

Source: Hansard (Parliament of Singapore)

Number of Court Applications Involving Spouse Refusing to Comply with Court Orders on Sale of Matrimonial Home in the Past Five Years

Louis asked the Minister for Law for each year of the past five years (a) what is the number of court applications involving a spouse who refuses to comply with court orders pertaining to the sale of the matrimonial home; (b) for these applications, what is the average and mean duration of the application from the date of the initial order requiring the sale of the matrimonial home; (c) what is the average and mean number of previous applications also involving such non-compliance by the spouse; and (d) if such data is not currently collected, whether the Ministry will consider collecting such data.

Mr K Shanmugam (MinLaw): Currently, the data referred to in (a), (b), and (c) are not collected.

In relation to (b), the time between the making of the initial order and the enforcement or variation of that order depends on the facts of the case, including the terms of the initial order, the circumstances of that case, and when the party concerned decides to make the application. 

We will explore with the Courts if they are able to collect such data.

Source: Hansard (Parliament of Singapore)

Number of Cases Requiring an Assistant Registrar to Sign Documents for Sale of Matrimonial Property due to Refusal by Spouse to Sign Sale Documents

Louis asked the Minister for Law for each year of the past five years (a) how many cases has an Assistant Registrar been required to sign on documents for the sale of the matrimonial property because of refusal by the spouse to sign the sale documents; (b) for these applications, what is the average and mean duration of the Assistant Registrar's signing from the date of the initial order requiring the sale of the matrimonial home; (c) what is the average and mean number of previous applications also involving such non-compliance by the spouse to sign the sale documents; and (d) if such data is not currently collected, whether the Ministry will consider collecting such data.

Mr K Shanmugam (MinLaw): Currently, the data referred to in (a), (b), and (c) is not collected.

In relation to (b), the time between the Registrar's signing of documents to effect the surrender, sale, or transfer of the matrimonial property and the making of the initial court order depends on the facts of the case, including the actual terms of the initial court order. Where the application is approved, the relevant documents are signed on the same day.

We will explore with the Courts if they are able to collect such data.

Source: Hansard (Parliament of Singapore)

(Supplementary Question) Louis: Thank you, Sir. I think the "Children in Between" programme is an important one. But as the Minister of State has just shared, the problem really is that the take-up rate is so low. So, I am just wondering whether MSF will consider making this programme mandatory, just like how we make the parenting programme mandatory as well.

Ms Sun Xueling (for the Minister for Social and Family Development): I thank the Member for the suggestion. We will look into it. I guess, in any situation, we also have to consider the family dynamics. But I think it is a worthy suggestion the Member has made and MSF will study it. Thank you.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for Social and Family Development for each year in the past five years, what is the respective breakdown of the number and percentage of divorce cases where shared care and control of the children was awarded.

Mr Masagos Zulkifli B M M (MSF): The data on care and control outcomes for civil divorces is currently not coded for ready retrieval. As such, there is a need to read each divorce judgment, which is written in free text, in order to determine the care and control outcome, and then to extract, codify and verify the data for each case.

There are about 27,000 cases for divorces finalised from 2016 to 2020. While we have been working closely with the Family Justice Courts to ensure that such data is extracted, the process is time-consuming and manpower-intensive due to the large volume of cases.

We seek the Member’s understanding that MSF is unable to provide the statistics at this point in time as the data extraction process is on-going. We will share the statistics when ready.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for National Development in the last five years, how many notices has HDB issued to flat owners to repossess their flats because of owners' refusal to comply with court orders to transfer or sell a flat upon divorce.

Mr Desmond Lee (MND): In the last five years, HDB did not issue any notices to repossess flats due to the owners not complying with divorce court orders regarding the treatment of the flat. 

In general, HDB only takes compulsory acquisition action as a last resort. As the divorce court orders are issued to the divorced parties, flat owners who disagree on the treatment of the matrimonial flat set out in the divorce court order can seek further legal recourse with the Court.

Source: Hansard (Parliament of Singapore)

Proposal to Require Divorce Rulings Awarding Shared Care and Control to State which Party is Allowed to List Child as Essential Occupier in Application to Buy Subsidised HDB Flat 

Louis asked the Minister for Social and Family Development whether in the children's best interests, the Ministry will consider requiring divorce rulings that award shared care and control to also state which party is allowed to list the child as an essential occupier in their application to buy a subsidised HDB flat as the ability to list the child has a direct impact on each parent's eligibility to purchase a HDB flat.

Mr Masagos Zulkifli B M M (MSF): We have considered the suggestion to require the court order to state which parent is allowed to list the child as an “essential occupier” for the purposes of applying for a HDB flat, in shared care and control cases. After careful consideration, we do not intend to make this a requirement. Orders pertaining to a child are made with the overarching principle of the child’s best interests. When determining issues pertaining to a child’s welfare, the court order focuses on the rebuilding and restoration of relationships, and for parents to focus on a shared future, instead of specific orders laying down conditions such as the one referred to.  

As far as possible, we want to encourage divorced parents to work through issues co-operatively and harmoniously, outside of the court system. This is especially pertinent in cases where there is shared care and control of the child as it is not ideal for parents with shared care and control to seek or rely on court orders to lay down all matters and details pertaining to care of their children and arrangements after divorce. Instead, they should be working on co-parenting co-operatively, in the child’s best interest. 

Nonetheless, we recognise that there may be cases where parents are unable to reach an agreement despite their best efforts. In such cases, they can approach HDB to discuss their options. On a case-by-case basis, HDB is prepared to exercise flexibility by waiving the requirement for the ex-spouse’s consent, in the interest of ensuring that the child has a stable housing arrangement. 

Source: Hansard (Parliament of Singapore)

Application for Purchase or Rental of HDB Flat by Applicants Having Shared Custody of Children

Louis asked the Minister for National Development for each year in the past 10 years (a) how many applications with applicants having shared care and control of their children were received by HDB to purchase or rent a flat respectively; and (b) of these, what is the number of applications that were (i) rejected as applicants were unable to obtain mutual consent from their ex-spouse to list their children for the application and (ii) approved without requiring the mutual consent of their ex-spouse.

Mr Desmond Lee (MND): Divorcees with shared care and control of their children have an equal right to list the children in their application to buy or rent an HDB flat. As any individual is only allowed to be listed in one HDB flat application, we require divorced parents to come to an agreement before either party lists their child in a flat application. 

Similar to other families, divorced parents who have obtained their ex-spouse’s agreement to list their children in the flat application may buy or rent an HDB flat if they meet the prevailing eligibility conditions. HDB does not specifically track the number of such applications. 

Those who are unable to reach an agreement with their ex-spouse can approach HDB to discuss their options. HDB will review each case and is prepared to exercise flexibility based on individual circumstances, such as financial hardship and lack of family support, to ensure that both parties have options to provide housing for themselves and their children. 

From January 2016 to September 2021, HDB received 20 appeals from divorcees without ex-spousal consent to buy an HDB flat with their children, of which 13 were approved (see Table 1). HDB also approved seven such cases to rent a flat from HDB from January 2018 to September 2021 (see Table 2). Data on such appeals to buy or rent an HDB flat in prior years is not available, as HDB did not specifically track such appeals previously. 

Source: Hansard (Parliament of Singapore)

Proposal for Blanket Waiver on Need for Ex-spousal Consent to List Children as Occupiers in HDB Flat Applications

Louis asked the Minister for National Development whether the Ministry will waive the requirement for ex-spousal consent on who can list the children as occupiers in a HDB flat application if the ex-spouse has already purchased a private property or a HDB flat following the divorce rather than reviewing this on a case-by-case basis.

Mr Desmond Lee (MND): Divorcees with shared care and control of children have an equal right to list their children in their flat application. At the same time, any individual is only allowed to be listed in one HDB flat application. We therefore require divorced parents to come to an agreement before either party lists their child in a flat application. This ensures fairness to all parties, as HDB is not in a position to determine which parent should exercise the right to do so. 

For cases where the ex-spouse has bought a private property or HDB flat after the divorce, they may still wish to list the child in a future flat application. As such, HDB will have to consider the circumstances of each case individually, and will not be able to waive the mutual agreement requirement as a blanket policy.  

We understand that is not always possible for divorced parties to reach an agreement on who can list the child in a flat application, especially if the divorce was acrimonious. Those who are unable to reach an agreement with their ex-spouse can approach HDB to discuss their options. HDB will review each case and is prepared to exercise flexibility to ensure that both parties have options to provide housing for themselves and their children.

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for Social and Family Development (a) whether the Ministry is observing an increase in the number of divorce cases where shared care and control is awarded; and (b) whether the Ministry has looked into the studies that show that shared care and control is a better option for the benefit of the children as compared to sole care and control. 

Mr Masagos Zulkifli B M M (MSF): Over the past five years, there has been an increase in the number of civil divorce cases where shared care and control was awarded, from 161 cases in 2016 to 256 cases in 2020. This translates to an increase in the proportion of civil divorces with shared care and control orders made, from 5.6% in 2016 to 9.5% in 2020.

Regarding studies on shared care and control, an overseas scan of Western jurisdictions that have considered or legislated shared care and control, also referred to as "shared parenting time", found that there is no consensus on whether such an arrangement benefits the child. For example, in 2018, a study by Elizabeth Keogh, Bruce Smythe and Alexander Masardo found that in Australia, which legislated default "shared parenting time" since 2006, shared-time arrangements may work well for children where separated parents are able to cooperate and communicate in ways that avoid or contain conflict. This increases the longevity and quality of the relationship between the child and both parents, encouraging parents to maintain or establish a meaningful relationship in all aspects of the child’s life¹.

However, the same study found there are also risks arising from shared-time arrangements, especially where (i) there are high levels of entrenched interparental conflict; (ii) where a parent has safety concerns; or (iii) where the child is an infant or very young. Where there are high levels of ongoing conflict, shared-time arrangements may be more damaging because children are likely to be “caught and used” in conflicts. Where there are safety concerns arising from issues, such as family violence, mental health, alcohol or substance abuse, child well-being could also be negatively affected in a shared-time arrangement.

Lastly, the appropriateness of shared-time arrangements for infants and young children remains highly contested². An earlier study by the Australian Institute of Family Studies in 2009 showed that children in shared-time arrangements fared slightly better than those who were mainly in the care of one parent and spent some time with the non-resident parent on some measures, but the differences were small and largely disappeared after controlling for demographics and other characteristics³. 

In terms of local studies, MSF’s 2020 Study on Co-Parenting Styles ("Co-Parenting Study") found that the cooperative co-parenting style is associated with positive child outcomes, such as less child behavioural and emotional problems and better school learning behaviour, compared to parallel co-parenting and single parenting. Cooperative co-parenting is characterised by parents who communicate frequently and collaborate with each other regarding their children’s matters and make major decisions about their children together. Parallel co-parenting is characterised by parents who tend not to communicate with each other and seldom make major decisions about their children together, but both continue to be involved in their children’s lives.

Lastly, single parenting is characterised by parents who do not communicate with each other and only one parent is heavily involved in their children’s lives.

Our finding corroborates those from overseas which show that children who experienced cooperative co-parenting exhibit fewer behavioural problems. The cooperative co-parenting style was, however, independent of whether there was sole or shared care and control.

Hence, there are no conclusive findings on the benefits of shared care and control both locally and overseas. Instead, research shows that cooperative co-parenting is associated with better outcomes for children and MSF will continue to support and encourage divorced parents to practise cooperative co-parenting to serve the best interests of their children.

Note(s) to Question No(s) 67:
¹ Elizabeth Keogh, Bruce Smyth and Alexander Masardo, "Law Reform for Shared-Time Parenting after Separation", [2018] 30 Singapore Academy of Law Journal 518, at p 537.  
² Keogh (2018), at p 538 – 542.  
³ Rae Kaspiew, Matthew Gray, Ruth Weston, Lawrie Moloney, Kelly Hand and Lixia Qu, "Evaluation of the 2006 family law reforms", December 2009, Australian Institute of Family Studies, p 259 – 273.  

Source: Hansard (Parliament of Singapore)

Louis asked the Minister for Social and Family Development (a) whether the Ministry has conducted a study on whether cooperative co-parenting is easier with sole care and control or shared care and control; (b) if so, what are the results of the study; (c) whether the Ministry intends to conduct such a study if it has not done so; and (d) if not, why not.

Mr Masagos Zulkifli B M M (MSF): In 2020, MSF conducted a Study on Co-Parenting Styles (Co-Parenting Study), which found that the co-operative co-parenting style is associated with positive child outcomes such as fewer child behavioural and emotional problems and better school learning behaviour compared to parallel co-parenting and single parenting.

The Co-Parenting Study did not cover whether it is easier to practise co-operative co-parenting with sole or shared care and control. However, the study found that among those who practise the co-operative co-parenting style, 80% were awarded sole care and control and 19% were awarded shared care and control. 

There are no conclusive findings on the benefits of shared care and control both locally and overseas. Hence, MSF does not intend to conduct a study specifically on whether co-operative co-parenting is easier with sole or shared care and control. Instead, MSF will continue to support all divorced parents to practise co-operative co-parenting in the best interests of their children, regardless of whether they were awarded sole or shared care and control.

Source: Hansard (Parliament of Singapore)