All you need to know about "Marriage/Divorce" under the SG Law

[Ninja_Assassin]

Originally Posted by leelili

We got married in Las Vegas 1981,now if divoice..can we fax our marriage cert and divoice agreement to Las Vegas any private chapel in return being reconise ? any adv pls...

It does not matter where you were married..... in Singapore, Timbuktu or even planet Mars..... but as long as you are domiciled in Singapore for the past 6 months....... the Womens Charter comes into play.

[Frankiestine]

Originally Posted by leelili

We got married in Las Vegas 1981,now if divoice..can we fax our marriage cert and divoice agreement to Las Vegas any private chapel in return being reconise ? any adv pls...

i believe if you file for divorce here in singapore then will be subjected to familee kangaroo cock rules and that means the dreaded women charter act comes into play..

[slider76xoIox]

In an uncontested divorce, when the woman receives the grant of divorce by the court, will the court inform the the man that the divorce has been granted? (Assuming he did not respond to the writ of divorce)

If so, the court will post him the final divorce papers to inform him that the divorce has been granted even without his approval?

Just want to know more about the above scenario. Thanks.

[fishball]

Does anyone here know any reliable and inexpensive PI? Would really appreciate...

[sbf4life]

TS i find this useful so just sharing

What Happens To Your HDB Flat After A Divorce?

A divorce is not something that anyone would hope for. There are times however when a relationship simply took a turn for the worse, and that no amount of work can salvage anymore.

While divorce elsewhere around the world is straightforward, it can be quite a complicating process in Singapore, particularly if there is a HDB flat involved. The HDB flat, being one of the most valuable assets co-owned by the couple, adds an additional dimension of complication to the entire process.

For most couples undergoing the process of divorce, the ideal outcome would be the ability to retain the HDB flat, or be able to sell it at a good price and having the proceeds split between both parties.
Is The HDB Flat A Matrimonial Asset?

The first thing to confirm is whether or not the HDB flat is considered a matrimonial asset. In most cases, the flat would be. For example, if the couple purchased the flat during marriage, or under the HDB fiance-fiancee scheme, then it would be a matrimonial asset.

If the flat was acquired before the marriage by one party, the flat will only be considered a matrimonial asset if:

1. The flat is enjoyed by parties and children for shelter, transportation, household, education, recreation, social and aesthetic purposes.

2. The flat was substantially improved during the marriage, by either or both the couple.

This means that if the flat is a gift or inherited from someone, and was not substantially improved during the marriage, the flat will not be considered a matrimonial asset.
Minimum Occupation Period (MOP)

If the flat is considered a matrimonial asset, it will now have to meet the Minimum Occupation Period (MOP) before it can be sold or have its ownership transferred to either of the ex-spouse. MOP is typically 5 years.

If the couple does not meet the MOP, they will not be able to retain the HDF flat. HDB flat will be surrendered to HDB at prevailing HDB prices when they divorce.
Retaining The HDB Flat

If retaining the HDB flat were an option, the couple would need to make a decision of whether they want to retain it, or sell it on the open market.

Retaining of the flat will involve having an individual’s parents’ name being listed on the application originally, or the individual having care and control of the child.

Generally speaking, the spouse that has custody or is taking care of the child will be the one retaining the flat.

If none of the stated applies, the individual will have to be eligible under Single Singaporean Scheme for the retaining of flat to take place.
The Sale Of The HDB Flat

If both parties prefer selling the HDB flat, they have to be mindful that the division of the HDB flat will be based on numerous factors, rather than an equal split.

If both parties are agreeable to the division of the proceeds arising from the sale of the HDB flat, they can submit their plan to HDB. However, if both parties cannot agree to the division, the court will then decide how the assets will be divided.

The percentage of which the HDB flat is to be divided will be subjected to the following factors, as stated in section 112(2) of the Women’s Charter:

1. The extent of contributions each party has made in terms of money, property or work towards acquiring, improving or maintaining the matrimonial assets

2. Any debt owing or obligation incurred or undertaken by either party for their joint benefit of any child of the marriage

3. The extent of contributions each party has made towards the family’s welfare, such as looking after the home or caring for the family or any aged relative dependent on either party

4. Any agreement between the parties with respect to the ownership and division of matrimonial assets made in contemplation of divorce, such as the deed of separation

5. The assistance was given by one party to the other (this can be material or immaterial), including assistance that helps the other party to carry out his job or business

6. Any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party

7. The child’s needs

8. The length of the marriage

9. Each party’s financial needs

From there, the court will then make the final call, in an attempt to divide the asset in the fairest way possible.

As one would expect, ownership of your HDB flat would indeed be affected by any divorce related issues. So ensure that you are familiar with the regulations before coming to any decision.

[coolfire69]

Is anyone here able to kindly advise whether apart from application/granting of special permission by the family court, a married couple MUST fulfill the 3 year marriage period, before being able to use any one of the 5 grounds for divorce?

And if so, the 3-year separation (with consent) and 4-year separation (without consent) grounds' time period only starts AFTER the 3 year marriage period, correct?

What if my wife has left home before our 3 year marriage period is up, does this separation (there was no deed of separation signed and more like "desertion") period count towards the above two grounds?

Thank you for any advice!

[coolfire69]

Originally Posted by coolfire69

Is anyone here able to kindly advise whether apart from application/granting of special permission by the family court, a married couple MUST fulfill the 3 year marriage period, before being able to use any one of the 5 grounds for divorce?

And if so, the 3-year separation (with consent) and 4-year separation (without consent) grounds' time period only starts AFTER the 3 year marriage period, correct?

What if my wife has left home before our 3 year marriage period is up, does this separation (there was no deed of separation signed and more like "desertion") period count towards the above two grounds?

Thank you for any advice!

Any advice from any kind bros on here, please?

[sadfa]

Originally Posted by coolfire69

Any advice from any kind bros on here, please?

My kind advice is u should hire lawyer.

U damn cheapskate. Keep posting n hoping for free advice.

I couldn't even bother 2 finish reading yr question la
_________
Exchange points need kind advice ma

[freezetheDB]

hire a lawyer especially if both willing to consent to the marriage. There is a simplified process which takes a few months only. The key is unreasonable behaviour or affair

[clubviivaa]

Okay, takes for all of these info, need sometime to digest as there is too much

[geoppery]

safer to seek laywer for advise

alternatively you can also go for free legal counsel (conditions apply) at maxwell road

[Dobernite]

I broached the idea of divorce before we started a family, but she persuaded me to stay on the marriage, children after that but she systematically disabled me financially by taking over my bank account on the pretext of the kids. I love them and eventually surrendered all my income to her and given a monthly allowance of 500.... This gradually got reduced even as my salary grew exponentially...leaving me with just 160 pm....ridiculous as this barely enough for transport and I need to pay for own breakfast and lunch. I moonlight to survive and need to be careful not to let her know how much extra I earned. I never cheated on her in our 30 yr marriage until last year as life get so depressing and I needed some warmth.....we have slept separately and not have sex for 5 years, we hardly talk as we usually end up arguing when we do. We have a care but she refused to let me use it....even when I need to pick up the kids...I have to fetch them using public transport....but now My kids are finishing their schools n entering U soon. I plan to call it quit nce the younger one complete her Jc. We have a couple of properties here and Malaysia. If I initiate a divorce do have have a case on the ground if incompatibility? Would I need to pay alimony if I opt for gong up all my properties and savings in her hand except for one property in Malaysia? I have pretty good salary and prob can start all over again with my future earning good for about a decade more.

[freezetheDB]

Originally Posted by Dobernite

I broached the idea of divorce before we started a family, but she persuaded me to stay on the marriage, children after that but she systematically disabled me financially by taking over my bank account on the pretext of the kids. I love them and eventually surrendered all my income to her and given a monthly allowance of 500.... This gradually got reduced even as my salary grew exponentially...leaving me with just 160 pm....ridiculous as this barely enough for transport and I need to pay for own breakfast and lunch. I moonlight to survive and need to be careful not to let her know how much extra I earned. I never cheated on her in our 30 yr marriage until last year as life get so depressing and I needed some warmth.....we have slept separately and not have sex for 5 years, we hardly talk as we usually end up arguing when we do. We have a care but she refused to let me use it....even when I need to pick up the kids...I have to fetch them using public transport....but now My kids are finishing their schools n entering U soon. I plan to call it quit nce the younger one complete her Jc. We have a couple of properties here and Malaysia. If I initiate a divorce do have have a case on the ground if incompatibility? Would I need to pay alimony if I opt for gong up all my properties and savings in her hand except for one property in Malaysia? I have pretty good salary and prob can start all over again with my future earning good for about a decade more.

alimony depends on whether she wants to contest for it. Child maintenance will be awarded to her if she has custody of the kids.

Best is to talk through the terms and conditions with her and go for uncontested divorce.

[Dobernite]

If she is willing to talk...it would not come to this I guess...prob need to prepare for a fight.....

[Gabriellien]

When I read all your posts here. I have an idea about divorce oh my gosh hahaha