Contempt Of Court In Divorce: Punishments And Consequences

by 21 October 2024Knowledge & Insights

Contempt of Court in Divorce proceedings is a serious matter that ensures Court orders are respected, and the legal process is upheld. Compliance with these orders is crucial, as failure to do so can harm all parties involved, including children.

This article explores what constitutes contempt of Court in Divorce cases, the punishments for such actions, and the consequences that can arise from non-compliance.

Understanding the significance of following Court orders is essential for maintaining fairness and protecting the interests of everyone affected by the Divorce.

What Is Contempt Of Court?

Contempt of Court generally refers to actions or omissions that undermine the authority, dignity, or functionality of the Court. In Singapore, contempt of Court is governed by the Administration of Justice (Protection) Act (AJPA), a comprehensive law that consolidates and clarifies the rules related to contempt.

At its core, contempt of Court involves any behaviour that defies, disrespects, or obstructs the administration of justice during Court proceedings.

Contempt of Court in Divorce often arises when a party fails to comply with Court orders related to issues like child support, spousal support, or the division of assets outlined in a Divorce decree.

When one spouse does not follow these legally binding orders, it can lead to contempt charges, which the Court may address to ensure compliance and uphold justice.

There are two primary types of contempt: civil and criminal. Both are crucial in maintaining the integrity of the legal process, particularly in Divorce cases.

Civil Contempt

Civil contempt typically involves disobeying a Court order by one of the parties involved in legal matters, particularly during Divorce proceedings. The main objective of civil contempt is to enforce compliance with the Court’s orders rather than to punish the offending party.

For example, if a Court orders a spouse to pay child support or spousal support and the spouse fails to do so, this non-compliance can lead to a charge of civil contempt.

Consider a scenario where a Court orders Mr Tan, a business owner, to submit financial documents during a Divorce case. Despite having the means to comply, Mr Tan chooses not to provide the required documents, thereby disobeying the Court’s directive.

The other party involved in the Divorce proceedings can file for contempt of Court. During the hearing, the judge may find Mr Tan in civil contempt for not adhering to the original order.

The Court may impose fines or even jail time on Mr Tan, although these penalties can be avoided if he eventually complies with the Court’s directive. This approach aims to compel Mr Tan to follow the Court’s orders, ensuring that the legal process is respected.

Criminal Contempt

On the other hand, criminal contempt involves actions that scandalise the Court or obstruct the administration of justice in a way that could harm public confidence in the legal system.

This form of contempt is more severe than civil contempt because it threatens the very foundation of justice and order. Criminal contempt may include acts such as disrupting Court proceedings, publishing materials that could prejudice a fair trial, or disrespecting the Court during a hearing.

For example, imagine a defendant named John in a Divorce case involving allegations of embezzlement. The Court orders John to preserve all digital evidence related to the case. However, John deliberately deletes a crucial email thread that implicates him in the crime despite the Court’s order.

This act of destroying key evidence constitutes criminal contempt, as it disrespects the Court’s authority and obstructs justice. The judge may impose fines or other severe penalties, including imprisonment, to address this breach of Court laws.

The AJPA lists four main types of conduct that constitute contempt of Court in Singapore. These are:

  1. Scandalising the Court
  2. Interfering with the administration of justice
  3. Disobedience of Court orders
  4. Sub judice contempt (or prejudicing/interfering with an ongoing Court case)

 

#1. Scandalising The Court

Scandalising the Court is a form of contempt in Singapore, where actions or statements undermine public confidence in the judiciary. This type of contempt is covered under Section 3(1)(a) of the AJPA.

It occurs when someone intentionally publishes material or performs acts that impute improper motives to the Court or question the integrity, propriety, or impartiality of the judiciary.

The critical concern here is whether a reasonable person encountering such statements would perceive a risk to public confidence in the administration of justice.

In the context of a Divorce in Singapore, scandalising the Court can occur if one party makes baseless accusations against the judge or the legal system. For instance, if a spouse involved in Divorce proceedings publicly claims that the judge is biassed or corrupt without any evidence, this could be seen as scandalising the Court.

Such statements can harm the public’s trust in the fairness of the Court proceedings, which is crucial for maintaining the integrity of the justice system. Even if the person did not intend to scandalise the Court, they could still be held in contempt under the AJPA.

 

#2. Interfering With The Administration Of Justice

Interfering with the administration of justice is another serious form of contempt in Singapore. It involves actions that disrupt the legal process and hinder the fair execution of Court proceedings. According to Sections 3(1)(c), (d), and (e) of the AJPA, this type of contempt can occur in several ways.

For example, it is an offence to intentionally interfere with another person’s ability to appear in Court, knowing that this person is a party, witness, or judge in ongoing Court proceedings. It is also contemptuous to insult, interrupt, or obstruct a judge during Court proceedings.

In Divorce cases, interference can include tampering with evidence, intimidating witnesses, or attempting to influence the judge’s decision.

For instance, if one spouse tries to bribe a witness to give false testimony during a Divorce settlement, this act would directly obstruct the administration of justice.

Similarly, if a person disrupts the Court proceedings by causing a scene during a hearing, it can also be considered contempt for interfering with the justice process.

The law is clear that any act that poses a real risk to the administration of justice is punishable, ensuring that the legal system remains fair and just for all parties involved.

 

#3. Disobedience Of Court Orders

Disobedience of Court orders in Singapore refers to the intentional failure to comply with legal directives issued by the Court.

This is addressed under Section 4 of the AJPA, which makes it an offence for a person to knowingly disobey or breach any judgment, decree, direction, order, writ, or other Court process. Additionally, breaching any undertaking given to a Court also falls under this category of contempt.

In the context of Divorce proceedings, disobedience of Court orders can manifest in several ways. Common instances include failing to pay Court-ordered child support or spousal support, ignoring custody arrangements, or not adhering to property division orders outlined in the Divorce decree.

For example, if a party fails to pay child support as mandated by the Court, this act constitutes civil contempt. Similarly, if a person refuses to comply with a restraining order, they directly challenge the Court’s authority and the rule of law.

Disobedience does not need to be public to be punishable. Even private non-compliance with Court orders can lead to significant legal consequences. Compliance with Court orders is fundamental to maintaining the integrity of the legal process, ensuring that justice is served for all parties involved.

 

#4. Sub judice Contempt (Or Prejudicing/Interfering With An Ongoing Court Case)

Sub judice contempt in Singapore involves actions or statements that prejudice or interfere with the outcome of an ongoing Court case. This is governed under Section 3(1)(b) of the AJPA, which prohibits individuals from intentionally publishing material that prejudges a pending issue in Court proceedings.

Such actions can create a real risk of interfering with the course of justice, potentially influencing the final judgment or swaying public opinion inappropriately.

In Divorce cases, sub judice contempt can occur if sensitive details of the case are publicised while proceedings are still ongoing.

For instance, sharing information about child custody disputes or financial arrangements on social media or in public forums can prejudice the Court’s decision-making process. This kind of public commentary can create undue pressure on the judge and impact the fairness of the trial.

Additionally, under Section 5 of the AJPA, making unauthorised audio or video recordings of Court proceedings is considered contempt of Court. Such recordings can disrupt the legal process, intimidate participants, or be used to undermine the administration of justice.

The strict enforcement of this rule helps to preserve the decorum of the Court and protect the rights and privacy of all parties involved in the proceedings.

 

3 Defences To Contempt Of Court

When accused of contempt of Court, there are certain defences available in Singapore that can protect individuals from penalties.

These defences provide justifications that, under specific circumstances, may excuse actions that would otherwise be deemed contemptuous. Here, we explore three key defences that can be invoked in such situations.

#1. Fair Criticism (Contempt By Scandalising The Court Only)

Fair criticism is a valid defence against contempt by scandalising the Court in Singapore. As outlined in Explanation 1 to Section 3(1) of the AJPA, this defence permits individuals to critique the Court or its decisions, provided the criticism is based on a rational and accurately stated basis.

In Divorce cases, a party might express dissatisfaction with a Court ruling or the legal process. If the criticism is fair and respectful, it may be protected under this defence.

However, it’s crucial to ensure that the critique does not aim to undermine the judiciary’s authority or erode public confidence in the judicial system. The key limitation here is that the criticism must be reasonable and not intended to attack the Court’s integrity.

#2. Fair And Accurate Report Made In Good Faith

Another defence against contempt of Court is the fair and accurate reporting of Court proceedings, as provided under Section 14 of the AJPA. This defence protects those who publish reports of Court proceedings, as long as they do so in good faith and without sensationalism or bias.

For example, a journalist reporting on a Divorce case must ensure that their account is factual, balanced, and devoid of any intention to mislead or sensationalise the proceedings.

The Court considers various factors to determine whether the report was made in good faith, including the presence of a reasonable basis for the report, the temperate manner in which it was expressed, and the attitude of the individual towards the judge and Court.

Reports that allege corruption or misconduct of a judge are also protected under this defence, provided they are made in good faith and disclose sufficient grounds for investigation.

Additionally, filing actions, applications, or pleadings against a judge, such as seeking a judge’s disqualification, is not considered contempt if done in good faith.

#3. Innocent Publication

The defence of innocent publication applies when someone publishes material without knowing that it would constitute contempt of Court.

Under Section 18 of the AJPA, this defence protects individuals who exercise editorial control over a publication, provided the material was published without their authority, consent, or knowledge, and without any lack of due care on their part.

In the context of Divorce proceedings, this defence might apply if someone inadvertently shares information about an ongoing Court case without realising that it could influence the outcome or prejudice the proceedings. However, this defence does not apply to the author or originator of the content.

 

When Might A Person Be Punished For Contempt Of Court In Divorce?

In Divorce cases, certain actions or behaviours can lead to a person being punished for contempt of Court. Contempt of Court occurs when an individual intentionally disobeys or breaches a legally binding Court order or decree issued during Divorce proceedings.

Section 4(1)(a) of the AJPA defines contempt of Court as intentionally disobeying or breaching any judgment, decree, direction, order, writ, or other process of a Court. In the context of Divorce, this can include disobeying:

  • Maintenance orders: Failing to pay spousal or child support as directed by the Court.
  • Property orders: Not complying with Court orders to sell or transfer properties.
  • Division of matrimonial assets: Ignoring orders related to the division of shared assets.
  • Non-financial orders: Disregarding child custody, access, or other non-financial directives.

If you or your ex-spouse disobey any such Court orders, the disobeying party may be found guilty of contempt of Court.

For example, intentionally disobeying a maintenance order can result in fines and/or imprisonment for up to one month for each month of unpaid maintenance, as per Section 71 of the Women’s Charter.

Similarly, refusal to comply with access orders, such as denying the other parent their Court-granted visitation rights, can lead to fines of up to $20,000 and/or imprisonment for up to 12 months.

Apart from standard Court orders, the Family Justice Court may issue additional orders to protect the welfare of children involved in the Divorce. For instance, a Court order might prohibit parents from involving their children in the litigation.

If a parent breaches this order by manipulating the children against the other parent, they could face serious consequences.

In one reported case, a mother was sentenced to one week’s imprisonment for contempt of Court after breaching a Court order by involving her children in Divorce proceedings and allowing them to be influenced by a third party.

 

Legal Process For Determining Contempt

When a person is accused of contempt of Court in a Divorce case, the legal process involves several steps to determine whether they are guilty. This process includes:

  1. Filing: The party alleging contempt must file a motion with the Court outlining the specific Court order that has been breached.
  2. Court hearing: A hearing is scheduled where both parties can present their arguments and evidence before a judge.
  3. Presentation of evidence: The accusing party must prove that the other party intentionally disobeyed the Court order. Evidence such as documentation, testimonies, and other relevant materials may be presented.
  4. Judicial discretion: The judge will evaluate the evidence, consider the circumstances, and determine if the accused party is guilty of contempt. The Court has the discretion to impose fines, imprisonment, or other penalties based on the severity of the contempt.
  5. Compliance: If found guilty, the contemnor may be required to comply with the original order or face further legal consequences, including additional fines or jail time.

 

What Are The Consequences For Contempt Of Court In Singapore?

Contempt of Court in Singapore is a serious offence with significant consequences for those found guilty, particularly in the context of Divorce proceedings. Understanding the potential repercussions is crucial for anyone involved in legal matters where compliance with Court orders is required.

Financial Repercussions

One of the primary consequences of being found in contempt of Court is financial penalties. Under Section 12(1)(b) of the AJPA, a person found guilty of contempt in connection with Divorce proceedings in the Family Justice Courts can be fined up to $20,000.

This applies to civil contempt, where someone fails to comply with legally binding Court orders, such as paying child support or adhering to a Divorce decree.

In addition to fines, the Court may impose compensation orders. These are typically issued to cover legal costs incurred by the other party as a result of the contemptuous actions.

Such costs can be substantial, especially if the contempt involves prolonged legal battles or the need to enforce multiple Court orders. The financial burden can be significant, particularly when combined with existing obligations like spousal support or child custody arrangements.

The financial penalties are even more severe if the contempt case is handled by higher Courts, such as the General Division of the High Court or the Court of Appeal. In these instances, fines can reach up to $100,000, reflecting the gravity of violating Court laws at this level.

Imprisonment For Contempt

In some cases, contempt of Court can lead to imprisonment. This is particularly likely in instances where the contemptuous behaviour is deemed to seriously undermine the Court’s authority or where financial penalties alone are insufficient to compel compliance.

For example, if a person repeatedly fails to comply with child custody orders or deliberately violates a restraining order, the Court may impose a jail sentence as a punitive measure.

Under the AJPA, imprisonment for contempt in the Family Justice Courts can last for up to 12 months.

The duration of the sentence is typically determined by the severity of the contempt, the impact on the other parties involved, and whether the contemptuous behaviour continues despite previous warnings or penalties.

For cases handled by the General Division of the High Court or the Court of Appeal, the imprisonment term can extend up to three years.

However, the Court may exercise discretion in certain circumstances.

For example, if the contemnor “purges” the contempt by complying with the original Court order to the Court’s satisfaction—such as by paying overdue child support or fulfilling other legal obligations—the Court may discharge the person from further punishment.

This shows the Court’s focus on enforcing compliance rather than imposing punishment.

Additional Consequences

Beyond financial penalties and imprisonment, being found guilty of contempt of Court can have other serious consequences:

  • Criminal Record: Criminal contempt results in a criminal record, which can affect a person’s future employment and travel opportunities.
  • Reputation Damage: Public perception can be negatively impacted, especially in high-profile cases, leading to personal and professional repercussions.
  • Cost Orders: The Court may order the contemnor to pay the legal costs of the other party, further adding to the financial burden.
  • Public Apology: In some cases, the Court may require the contemnor to publish a public apology, particularly if the contempt involved defamatory statements or false information.

 

How To Address Contempt Of Court When Your Spouse Breaches A Court Order?

If your ex-spouse has violated a Court order issued during your Divorce proceedings, such as child support or custody arrangements, it is important to take action to enforce compliance. Below is a step-by-step guide on what you can do in Singapore if your ex-spouse breaches a Court order.

Step 1: Identify The Violation

The first step is to clearly identify how your ex-spouse has violated the Court order. This could include failing to pay child support, not adhering to custody arrangements, or disregarding any other legally binding orders set by the Court.

Ensure that you have documentation or evidence to support your claim, such as missed payments, communication records, or witness statements.

Step 2: Attempt To Negotiate

Before resorting to legal action, it may be helpful to try and resolve the issue through negotiation. Communicate with your ex-spouse about the violation and attempt to reach an agreement to rectify the situation.

Sometimes, the breach may be due to a misunderstanding or an error, and a discussion can help resolve it without the need for Court involvement. However, if the ex-spouse refuses to comply or continues to violate the order, you may need to take further steps.

Step 3: File A Magistrate’s Complaint

If negotiation fails, you can commence enforcement proceedings by filing a Magistrate’s Complaint in the Family Justice Courts.

This is a formal legal process where you report the violation, and the Court takes action to enforce the Court order. The Court will review the complaint and may summon your ex-spouse to Court to address the issue.

Step 4: Consider Filing For Contempt Of Court

In cases where the violation is particularly severe or persistent, you may wish to initiate contempt of Court proceedings, also known as committal proceedings. This legal action is taken when an ex-spouse violates a Court order deliberately and consistently.

To start this process, you must first apply to the General Division of the High Court for permission to apply for an order of committal. The High Court will assess whether there is sufficient evidence to proceed.

If the High Court grants permission, you can then apply for an order of committal. A hearing will be held where the Court will determine if your ex-spouse has indeed committed contempt of Court. If found guilty, your ex-spouse could face penalties, including fines or imprisonment.

Step 5: Enforce The Court Order

If the Court determines that your ex-spouse has violated the Court order, it will issue enforcement measures.

These can include garnishing wages, seizing assets, or taking other actions to ensure compliance with the Court’s orders. Depending on the severity of the violation, the Court may also impose penalties on the non-compliant party, such as fines or imprisonment.

Step 6: Seek Legal Advice

Throughout this process, it is advisable to consult with a family law attorney to guide you through the legal steps and ensure that you are following the correct procedures.

A lawyer can help you file the necessary motions, gather evidence, and represent your interests in Court. Legal advice is particularly important if the violation is complex or involves significant financial or custodial issues.

Step 7: Continue Monitoring Compliance

After the Court has taken action, it is essential to continue monitoring your ex-spouse’s compliance with the Court order. If further violations occur, you may need to return to Court to seek additional enforcement measures.

 

Conclusion About The Contempt Of Court In Divorce

Understanding and respecting Court orders during Divorce proceedings is essential to avoid serious legal consequences.

These key points regarding contempt of Court, including the financial penalties, imprisonment risks, and steps to take if an ex-spouse violates a Court order, are crucial in protecting the rights of all parties involved and ensuring a smoother legal process.

Adhering to Court orders is not just a legal obligation but also a way to prevent unnecessary complications and protect your interests and those of your children.

If you are facing contempt charges or dealing with a non-compliant ex-spouse, seeking advice from a family law attorney is vital. Professional legal support can guide you through these challenges, helping you enforce Court orders and navigate the complexities of family law.

At Tembusu Law, our team of dedicated family & Divorce lawyers in Singapore is here to provide legal advice and representation at all stages of the Divorce process.

We understand that Divorce can be complicated, with disagreements over child custody, division of matrimonial assets, and other costs. Our goal is to bring clarity to your case, ensuring that you receive your fair share in matrimonial assets and protection under the law.

If you’re facing a contested Divorce or child custody issues or need help enforcing Court orders, contact Tembusu Law for a free consultation.

Trust us to handle your legal matters with the expertise and care that makes us one of the leading law firms in Singapore. Reach out to us today for peace of mind, knowing that your case is in good hands.

 

Frequently Asked Questions About The Contempt Of Court In Divorce

Does Contempt Of Court In Singapore Apply To Both Financial And Non-Financial Orders In Divorce?

Yes, contempt of Court in Singapore applies to both financial and non-financial orders issued during Divorce proceedings.

This includes orders for maintenance payments, division of matrimonial assets, and child custody arrangements. If either party fails to comply with any of these orders, they may be held in contempt, which can lead to potential fines or imprisonment.

Is It Possible To Appeal A Contempt Of Court Ruling In Singapore?

Yes, it is possible to appeal a contempt of Court ruling in Singapore. If you believe the ruling was incorrect or if new evidence has emerged that could impact the case, you can file an appeal with a higher Court. The appeal process allows for a review of the original decision to ensure that justice was properly served.

Where Can I File A Complaint For Contempt Of Court In Singapore?

You can file a complaint for contempt of Court at the Family Justice Courts or the General Division of the High Court, depending on the specifics of the case.

The appropriate Court will assess whether the complaint meets the criteria for contempt and determine the necessary legal actions. Filing is typically done through a formal application or complaint supported by evidence of the breach.

When Should I Consider Filing For Contempt Of Court In A Divorce Case?

Consider filing for contempt of Court when your ex-spouse has clearly and intentionally disobeyed a Court order, despite attempts to resolve the issue informally. It is appropriate to take this step if there is substantial evidence showing that the breach is deliberate and ongoing.

Filing for contempt can help enforce the original Court order and address any non-compliance issues effectively.

About the author

About the author

Tembusu Law

Jonathan is the Founder and Managing Director of Tembusu Law. He is also the founder of LawGuide Singapore, a prominent legaltech startup which successfully created and launched Singapore’s first legal chatbot in 2017.

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