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

[Big Sexy]

SEPARATION DEED
source from http://www.familylaw.com.sg/separation.html

If you require a cooling off period for your marriage and also regulate matter in the event a reconciliation is unsuccessful, you may enter into an agreement agreeing to live separate and apart from your spouse.

In this agreement both parties may mutually agree on an arrangement for the custody care and control of the children(minor), maintenance of a spouse and/or children and division of the matrimonial assets in the event of a divorce.

As the Separation Deed need not be registered with any government department or filed in Court, you may with the consent of your spouse revoke it at any point in time. Since the document is not made public, your friends and relatives would not have any knowledge of the separation.

You should however note that to revoke the deed, mutual consent is required. Further the family Court has jurisdiction to set aside any of the terms unless the said deed has been sanctioned by the Court. Usually parties do not seek the Court's sanction in view of the legal costs involved.

The Deed of Separation should be signed before a solicitor
---------------------------------------------------

Originally Posted by big sexy

Ok i will post it there..

Cheers!

[Big Sexy]

What is a Deed of Separation?
source : http://www.law.com.sg/family.htm#Wha..._of_Separation

You may wish to be separated from your spouse for a period of time before you decide on a divorce. In the meantime, the parties can still work out on reconciliation.

In this case, you may sign an agreement called a Deed of Separation which will set out the terms and conditions governing the relationship between you and your spouse during the period of separation. Both parties may mutually agree on an arrangement for the custody care and control of the children (minor), maintenance of a spouse and/or children and division of the matrimonial assets in the event of a divorce.

A Deed of Separation is a private document, and not lodge with any government departments, and the Separation Deed may be revoked at any time with the consent of both parties.

Although the parties may have mutually agreed to the terms in the Separation Deed, either party can still apply to have any of the terms set aside by the Family Court (unless the Deed of Separation was sanctioned by the Court).

It would be advisable for you to consult a lawyer to draft the Deed of Separation, and the Deed signed in the presence of a lawyer.


Can I reconcile with my spouse after signing a Deed of Separation?
You may reconcile with your spouse even after signing the Deed of Separation. Alternatively, you may proceed with your divorce after 3 years (if your spouse consents) or 4 years (if your spouse does not).

[84gunner]

Originally Posted by Sigh...

Bro Big Sexy,

Got a few questions and wonder if u can help.

My marriage of 11yrs is on the rocks. Wife is in love with someone else(she claims that they didn't have sex). I have been trying to save our marriage for the past 4months but till today she cannot commit to the family.

When I told her, I want to file for Divorce, she say she will not agree & will contest the Divorce, the most she can accept is Separation of 3 years.
So in the event of separation, what will happen to my kids? (oldest 7yrs old & youngest 3 yrs old). She also say she want half of all my assets (she didn't help with household expenses all theses years), she say all the ironing & washing that she done cost money too. She will ask for maintenance fee too.

What should I try to present to the court in order to keep my children & avoid paying her maintenance fee? She's only working as a temp staff so income not much anyway. I don't mind selling my house & give her half (anyway sure sell at lost, as ours is a 5 room flat).

Thanks!

Not trying 2 make matters worse here, but I feel SG law in tis aspect, is like a coffin nail nailing down the guys. It's just making many guys wif no choice but lan-lan carry on wear green hat, or face the financial, legal consequences / aftermath. While on the other hand, the law can make the guy teng kor, "drop his pants", if he's unfaithful 2 his wife!

My personality is, if I'm in such a situation, yes, it may be painful, but 长痛不如短痛, suffer it once & for all, and then look 4ward 2 the future after recovering form the "injuries". Yes, kids are involved, they are the most innocent, but it's the law tat forced pple into tis situation.

HDB, u lan-lan, cant do much about it. Anyway, lose $$, it's CPF $$$. How much of CPF $$ u tink u can withdraw eventually? Whether it's lose-lose, or win-lose situation, u are definitely losing, why let such a woman win, and at yr expense? From another point of view, are u gonna give her $$, then let her enjoy the $$ with her other man tat make u wear green hat?

Other assets, if u have & can, transfer 2 someone else's name or dispose of it. I'd rather declare bankrupt, work as a waiter / bartender / laborer for rest of my life, than let them have the upper hand. If got abit more $$, can go GL a few more times a month. If not, surf SBF & wank in toilet.

If it's fated tat life is gonna be like tat, I'll lan-lan accept Fate. If Heaven got eyes, or fate dictates otherwise, then tis is juz a setback, once yr time comes, u are a dragon again!!!

[WildatHeart]

sorry this thread full of info and I lost in it.. but it is very good thread.. I had been searching for such info..


below is a situation which I need bro out there to advise..
a) HDB is almost fully paying by me now.. and all the house hold expenses.. in case of divorce, if I wish the hdb to be owe by her and fully paid for by me.. can it be done..? (she do not have sufficient cpf due to quit job for a period attending to kid.. :< )
b) is the maintenance fee equate to insurance, household expenses, insurance, etc..? because I feel like not affecting their daily routine but just set me free.. how could I do it..?
c) I guess kid maintance is separate from wife maintenance..? kid maintenance cease by 21year old and wife cease by her re-marriage.. is my understanding right..?
d) the sum of maintenance fee how to get adjust up or down..? is it between the 2 parties..? or need legal involvement..?

[WildatHeart]

Hi Bros,
all advise appreciated..

thanks..

[Big Sexy]

a) Generally speaking... Yes it can be done...but do read this post here...
http://forum.sammyboy.com/showpost.p...&postcount=103

b) read here http://forum.sammyboy.com/showpost.p...0&postcount=81

c) For kid maintenance... the suring depends on the maintenance order..it could go beyond 21.....as for the wife... if she remarry then u can stop paying her...but if you remarry.... you will still have to continue to pay her maintenance read here http://forum.sammyboy.com/showpost.p...8&postcount=86

d) read here
http://forum.sammyboy.com/showpost.p...7&postcount=94

do read page 6 and 7 of this thread..

Originally Posted by WildatHeart

sorry this thread full of info and I lost in it.. but it is very good thread.. I had been searching for such info..

below is a situation which I need bro out there to advise..

[B-man]

Hmmmm I have a question :

Let's say that a Singaporean marries a foreigner and the marriage was done in that foreign country. Prior to marriage, both parties signed a pre-nup agreement. In that country the pre-nup is considered a legally binding document. If the spouse wishes to divorce in Singapore and according to Singaporean law, would the pre-nup takes precedence as it is considered a legal binding document in the country they sign it ? Would it supersede the Women's Charter ?

Also has anyone tried to sue or challenge the Women's Charter due to its sexism and biasness ? Would the Singaporean Constituition allow it ?

Interesting topic here.... will know where to seek advice when i get into trouble

[topfuel]

not sure if this is the right place to ask
but what are the procedures as another bro has mentioned below for a marriage that has taken place in china with a PRC.
what is the simpliest procedure to get a divorce with the PRC

[snakehead]

Originally Posted by topfuel

not sure if this is the right place to ask
but what are the procedures as another bro has mentioned below for a marriage that has taken place in china with a PRC.
what is the simpliest procedure to get a divorce with the PRC

Get the divorce done in china....... u divorce in sg u gonna kenna screwed by the womens charter.

Simplest divorce proceedings is when both parties agree to go separate ways amicably..... can DIY and no need for lawyers.

[topfuel]

Originally Posted by snakehead

Get the divorce done in china....... u divorce in sg u gonna kenna screwed by the womens charter.

Simplest divorce proceedings is when both parties agree to go separate ways amicably..... can DIY and no need for lawyers.

so you mean for divorce between foreigner and PRC in china no need lawyer? just DIY and get it done? gum xia

[snakehead]

Originally Posted by topfuel

so you mean for divorce between foreigner and PRC in china no need lawyer? just DIY and get it done? gum xia

This sentence is refering to divorce procedures in sg...... everything is systematic so you can DIY the paperwork and save on lawyer fees.
The necessary forms can be downloaded online.

For PRC if go to courts.... it is who has deeper pockets.
Better to separate amicably..... both sides win-win.
Go to court...... both sides lose-lose....... only winner the lawyers and the courts.


bro snakehead

[shroom]

Not sure if this is within the ambit of this thread. But I have been searching in regard to this topic but not much has been found. It is in regard to defacto spouses or a common law partner.

Does SG Law recognize this?

If so what exactly are the rights of a de-facto spouse? In particular at the end of the relationship. Does that scary and evil Women's Charter extend any benefits to them?

I am a SG PR, and recently I met a nice SG citizen gal (yes they do indeed exist)

Later this month we will be moving in together. The dwelling place will be a non-HDB highrise and it is a 'gift' to me by another party long before this gal came into existence.

Other than living there and paying for whatever she may need on her own (like her hairdryer for example) I do not foresee that she would be paying out any expense in relation to the home.

Assuming one day down the road she is no longer that nice gal I thought she was and there is no more love because she had turned into lucifer from hell and we had never had any ROM.

Would I be needing to pay her any maintenance?

If so, after how many years of continuous living together would she be deemed as a Common Law Partner?

Is there any possibility that I could lose that home to her or be forced into selling that home and splitting up the monies with her?

Thanks in advance.

[Big Sexy]

you must be judas and i claim my $10/-
otherwise how is it that i never had a gift of that size from a girl?

Anyway... back to you question...with the law on your side you..you are quite safe as long you do not have kids with her and do not sign anything... Cohabitation Agreement included. Singapore dont really recognise common law marriage unless the UK and other part of the world.

But mind you if she really wants to get you.. there are ways to do it(legally).

Originally Posted by shroom

Nshe had turned into lucifer from hell and we had never had any ROM. Would I be needing to pay her any maintenance?

If so, after how many years of continuous living together would she be deemed as a Common Law Partner?

Is there any possibility that I could lose that home to her or be forced into selling that home and splitting up the monies with her?

Thanks in advance.

[Big Sexy]

hi

i wish i could represent you, but i do not take cases from samsters.. for discreet reason.. there are many other lawyers who would gladly take up your case.. one point to note is that there is no need to go to a reputed one for such cases... you might want to consider W.M.Low & Partners instead of Rajah & Tann..

6k is slightly on the high end and you have a good case on your hand now that she has a boyfriend and is earning as much as you do..

good luck...

Originally Posted by PM

Hi Bro Big Sexy

I saw all your postings regarding divorce matters in the forum and see that you are quite an expert in this area.

I was officially granted a divorce from my ex-wife in Nov 2006 and was ordered to pay $6,000 per month for my 2 daughters (now 9 and 8 years old) under her care and control.

Due to a change in my circumstances as I since re-married and now with a baby son, I would like to apply for a variation of my childs' maintenance amount from $6,000 to $2,500.

I am wondering if you could represent me as lawyer to submit my request to the Court? If not, do you know of any good family matters lawyer to recommend. The reason why I got stuck with such a high amount of maintenance was that I did not engage my own lawyer for the divorce proceedings.

thank you very much bro.

p/s I am currently earning $20k a month and my ex-wife probably earns as much as I do currently. She is living-in with her boyfriend with my 2 kids now. I estimate that all child-related expenses should not come up to be more than $4-5k a month.