All you need to know about "Marriage/Divorce" under the SG Law - Page 19

reamer · #**271** 08-03-2008, 08:18 AM

bRO NEED ADVISE.

Is the Certificate of Interim Judgment Final equals to Decree Nisi Absolute?

reamer · #**272** 13-03-2008, 09:43 PM

Any bro knows?

Quote:

Originally Posted by reamer

bRO NEED ADVISE.

Is the Certificate of Interim Judgment Final equals to Decree Nisi Absolute?

king_georgebush · #**273** 24-03-2008, 02:09 PM

I would like to say, EXCELLENT THREAD. Kudos to Big Sexy for starting such an informative and most necessary postings on whats probably the most important information for a Singapore man these days.

It would seem that some bitches of witches in those feminist groups like AWARE have infiltrated and hypnotised our once great PAP leaders of the 1960s and 70s, and forced this evil constitution called the Woman's Charter on us hard working Singapore husbands and fathers.

Never before has the pride of man been devastated by the avaricious and greedy head of the vicious chee bye. Its time to abolish the Woman's Charter and give no reason for cowardly lawyers to hide behind its shadow. Its time to bring reason and fairness back to the halls of justice. What woman will dare to threaten her husband with the word "divorce" IF she is not "protected" by the ability to extort money from her husband on simple basis of being married to him.

Its time for revolution !

king_georgebush · #**274** 24-03-2008, 02:16 PM

on a legal note... its painful to hear now that from October 2007, parliament has passed a bill allowing the Family Court to force CPF to deduct from the ex-husband's ordinary account, any defecit due to the ex-wife after division of matrimonial house, if HIS CPF funds were used in the purchase of the house.

Hey A$$hole MP , WTF is the man going to retire on when his exwife takes away from his CPF ?

Mr Mizu · #**275** 25-03-2008, 11:58 AM

Yo Bro,

Just to check on the grounds of adultary.

On what grounds is considered adultary? Holding hands? kissing? hugging ?

I understand Photos from P.I will definately suffice but Can a close friend / family member act as a witness? if no photos is avaiable ?

Does the Court recogises witness?

I read from the women's charter on Evidence on sect 134 stating:

(2) No witness whether a party to the proceedings or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery.

So what does this really mean?. Any one care to comments.

My million thanks in advance

kelvinaili · #**276** 25-03-2008, 03:42 PM

Sorry to intervene.

Need urgent advice from bros out here..

I am married for more than 2 years and my wife
is into 6mths pregnant.But the baby does not belongs
to me.Confirmed by her gyn and my family doctor
but the way we do not own any flat...

I understand that i am unable to get a divorce as the
marriage is less than 3 years and i am planning to get
a deed of seperation first..but I had some doubt...

1)Do i need to do DNA on the baby in order
to get a divorce later?

2)Do i need to pay her the maintenance
after divorce...

Could bros out there pls advised
Pls get back to me soon...Thanks

king_georgebush · #**277** 25-03-2008, 08:17 PM

Quote:

Originally Posted by kelvinaili

Sorry to intervene.

Need urgent advice from bros out here..

I am married for more than 2 years and my wife
is into 6mths pregnant.But the baby does not belongs
to me.Confirmed by her gyn and my family doctor
but the way we do not own any flat...

I understand that i am unable to get a divorce as the
marriage is less than 3 years and i am planning to get
a deed of seperation first..but I had some doubt...

1)Do i need to do DNA on the baby in order
to get a divorce later?

2)Do i need to pay her the maintenance
after divorce...

Could bros out there pls advised
Pls get back to me soon...Thanks

My sympathies bro... i am not a lawyer but it looks like 1) you need DNA to proove for record anyway 2) file a police report and detective to find the bastard who impregnate her.. find him and then charge him for the maintenance. If not, the childs future will belong to Child Welfare and Foster.. UNLESS you want to look after the child with her.. but be very careful about it..
You are in a pretty safe legal position either way.. if you dont like divorce her on grounds of adultery ..

king_georgebush · #**278** 25-03-2008, 08:27 PM

Quote:

Originally Posted by Mr Mizu

Yo Bro,

Just to check on the grounds of adultary.

On what grounds is considered adultary? Holding hands? kissing? hugging ?

I understand Photos from P.I will definately suffice but Can a close friend / family member act as a witness? if no photos is avaiable ?

Does the Court recogises witness?

I read from the women's charter on Evidence on sect 134 stating:

(2) No witness whether a party to the proceedings or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery.

So what does this really mean?. Any one care to comments.

My million thanks in advance

BTW i am not a lawyer, but here goes - Adultery means sexual intercourse with another person other than your spouse.. it can be the 5 min shot with a prostitute, or a 10 year love affair with someone. Remember, petitioner must file the case within SIX months of the crime with proof.. otherwise no deal.

Regarding WC clause.. hmmm.. kinda twisted isnt it? I think it means no witness can be asked again about same evidence of adultery unless he previously denied that there was adultery committed. This can happen when a witness changes his story.. terrible isnt it ?

Anybody agree with me?

destarius · #**279** 30-03-2008, 02:33 AM

Quote:

Originally Posted by Mr Mizu

Yo Bro,

Just to check on the grounds of adultary.

On what grounds is considered adultary? Holding hands? kissing? hugging ?

I understand Photos from P.I will definately suffice but Can a close friend / family member act as a witness? if no photos is avaiable ?

Does the Court recogises witness?

I read from the women's charter on Evidence on sect 134 stating:

(2) No witness whether a party to the proceedings or not shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery unless such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery.

So what does this really mean?. Any one care to comments.

My million thanks in advance

(1) Adultery would mean sexual intercourse with someone other than the lawful spouse.

(2) Basically a witness (either the spouse or the third party) cannot be compelled to answer such a question UNLESS that spouse or third party has given evidence to the contrary e.g. let's say you've been caught cheating on your wife and she's divorcing on grounds of adultery. She can prove adultery using pics etc, including testifying against you. You don't have to answer questions on whether you committed adultery... UNLESS you have denied the adultery in your affidavit or evidence-in-chief.

destarius · #**280** 30-03-2008, 02:37 AM

Quote:

Originally Posted by kelvinaili

Sorry to intervene.

Need urgent advice from bros out here..

I am married for more than 2 years and my wife
is into 6mths pregnant.But the baby does not belongs
to me.Confirmed by her gyn and my family doctor
but the way we do not own any flat...

I understand that i am unable to get a divorce as the
marriage is less than 3 years and i am planning to get
a deed of seperation first..but I had some doubt...

1)Do i need to do DNA on the baby in order
to get a divorce later?

2)Do i need to pay her the maintenance
after divorce...

Could bros out there pls advised
Pls get back to me soon...Thanks

You need to pay for the baby. Section 114 of the Evidence Act reads:

Birth during marriage conclusive proof of legitimacy
114. The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

The "conclusive proof" will defeat your DNA test. This is really for the protection of the child.

Proof of lack of access can be done if you can show e.g. you were not in the country. Alternatively (a little harder) you could show you were both already estranged and living apart.

destarius · #**281** 30-03-2008, 11:40 AM

Quote:

Originally Posted by reamer

bRO NEED ADVISE.

Is the Certificate of Interim Judgment Final equals to Decree Nisi Absolute?

Under the new rules, yes:

7. Certificate of Making Interim Judgment Final
Three months after the Court has granted an Interim Judgment, you may proceed to apply for the Certificate of Making Interim Judgment Final. This will confirm your divorce, and conclude all Court proceedings.

For the entire marriage/divorce process, I strongly recommend the Subordinate Courts page on this.

Not to say you shouldn't listen to your lawyer, but this is always good reference material if you are planning or undergoing divorce.

temperance · #**282** 30-03-2008, 09:38 PM

Quote:

Originally Posted by kelvinaili

I am married for more than 2 years and my wife
is into 6mths pregnant.But the baby does not belongs
to me.Confirmed by her gyn and my family doctor
but the way we do not own any flat...

I understand that i am unable to get a divorce as the
marriage is less than 3 years and i am planning to get
a deed of seperation first..but I had some doubt...

1)Do i need to do DNA on the baby in order
to get a divorce later?

2)Do i need to pay her the maintenance
after divorce...

Could bros out there pls advised
Pls get back to me soon...Thanks

Please refer to this post, Point F

destarius · #**283** 30-03-2008, 10:14 PM

Quote:

Originally Posted by temperance

Please refer to this post, Point F

Point F is about 'at the time of marriage'. This means at the point when they got married, she was already pregnant.

king_georgebush · #**284** 31-03-2008, 02:57 PM

Quote:

Originally Posted by destarius

Point F is about 'at the time of marriage'. This means at the point when they got married, she was already pregnant.

in his case, she committed adultery clearly, but he should be able to conduct paternity test and proove the child is not his. Otherwise, it might be a good idea to go impregnate as many wives of rich businessmen or politicians, until this law of "conclusive proof" is reviewed.

84gunner · #**285** 28-04-2008, 08:53 PM

It seems that SG's laws have been changed to protect the women even more, outrageously shielding the women even if it's obvious adultery! And simply making the men become easier chai tao! Probably gahmen doesnt wanna spend $$$ on family problems & supporting / raising bastards, so take the easy way out, make the unlucky husbands bear the responsibility.

If it happened to me, u can bet that I will kill the slut, then commit suicide! I'd rather both parties lose, than let the slut gain at my expense, and some more, it's like life-long maintenance fees, and the worst is, u are financially bringing up others' children!!!