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

[Big Sexy]

What will happen to our HDB flat once my spouse and I are divorced?

An HDB flat may be a matrimonial asset that can be divided by the court if it falls within the definition of a matrimonial asset. In dividing the flat, the court can make any orders set out in Question above. However, you should note that there are certain HDB policies that restrict a couple from selling or owning an HDB flat after divorce. The penalty of continuing to do so may be the forfeiture of the flat. For example, if you have not occupied the HDB flat for the requisite period, you may be barred from selling the flat. If you wish to retain the flat (the other spouse will then transfer his/her share in the flat to you), you must first be eligible to own the HDB flat under HDB's policies. It is therefore important you seek information from HDB as to what you can or cannot do with your flat before the ancillary matters hearing.

[Big Sexy]

My spouse and I want to sell our flat. We have used our CPF monies to pay for it. Must we refund these monies to CPF? What if the net sale proceeds are not enough to refund the CPF monies?

Any CPF monies which have been used to pay for the flat must, as a general rule, be refunded to your CPF account with interest. If your calculations show that the sale proceeds are not enough to refund the CPF monies, you will have to write to CPF Board to inform them of the situation, and request that they waive the refund of the shortfall between the sale proceeds of the HDB flat, and the amount of CPF monies (plus interest) which have to be refunded. It is in the discretion of the CPF Board as to whether they will waive the refund of the shortfall or not.

[Big Sexy]

Is it possible to get a share of my spouse's CPF monies? How?

CPF monies may be a matrimonial asset that can be divided by the court if it falls within the definition of a "matrimonial asset". If your spouse is already able to withdraw his CPF funds, the money may be treated like any other matrimonial asset (for example, money in a bank account) which is available for immediate division. If, however, your spouse is not eligible to withdraw the money, the court may still take into consideration the CPF fund and award you a greater share of the other matrimonial assets. The difficulty arises when the CPF money is the main matrimonial asset and there is no other asset for division. In such a case, you may apply to "charge" a portion of the CPF money. This means that the CPF Board will "freeze" the amount of money that has been charged and pay to you this sum when your spouse is eligible to withdraw his CPF fund. You should note, however, that this charge is subject to various CPF schemes and regulations, such as the Minimum Sum Scheme (under which your spouse would be obliged to retain a certain sum in his CPF account). If there is insufficient money in his CPF account to make up the Minimum Sum as well as satisfy your charge, then the Minimum Sum may take priority, and CPF may pay you the balance amount (i.e. the amount left over in the CPF account after setting aside the Minimum Sum), rather than the full amount of your charge. You may wish to seek legal advice on the various CPF schemes and regulations, as this is a relatively complex area of the law.

[Big Sexy]

Will I have to pay or help to pay for the debts which my spouse incurred during our marriage, even though we are now divorced? I also helped my spouse pay his/her debts during marriage. Can I recover these payments during the divorce?

When either party has incurred debt for the benefit of the family (e.g., mortgage of the matrimonial home), this will be considered by the court in dividing assets. Similarly, if you have helped your spouse to pay his debts, this factor will be taken into consideration as your contribution to the marriage. On the other hand, if the debts incurred by your spouse have been for his/her sole benefit, it may not be taken into consideration in the division of matrimonial assets, and your spouse may be held to be solely responsible for these debts after the divorce.

[Big Sexy]

During marriage, my spouse and I purchased some assets, some registered in my spouse's name and some in my name. I assisted my spouse to pay for these assets, but I am now not able to prove every single payment I made towards the assets as I did not expect to get a divorce. Does this mean that I cannot claim for a share of those assets for which I cannot prove that I have made payment?

You may still claim a share of the asset for which you cannot prove that you have made payment as long as the asset is a matrimonial asset. In considering the share you are entitled to, the court will take into consideration your contribution (both financial and non-financial). In appropriate cases, to arrive at a just and equitable division, the court may take a "broad brush" approach. In other words, the court will not divide the asset by conducting a pure exercise in mathematics, that is, by simply calculating exactly how much each party paid for the asset. All other relevant factors listed in Question above will also be considered by the court.

[Big Sexy]

Will the court take into account the fact that my spouse has behaved badly towards me and/or the children during marriage when deciding on the division of the matrimonial assets?

The court will generally not consider your spouse's "bad" behaviour (for example, adultery, violence etc) towards you and/or the children during marriage, when deciding on the division of the matrimonial assets. Positive contributions or behaviour by your spouse and you will however be taken into account by the court when deciding the division of matrimonial assets.

[Big Sexy]

What happens if my spouse has disappeared and cannot be found? Will I automatically get all the matrimonial assets?

You will not automatically get all the matrimonial assets if your spouse's whereabouts is unknown. The court would still have to decide on the division of the matrimonial assets at the hearing of the ancillary matters, applying all the principles set out in this section. For example, in dividing an HDB flat, you will still have to consider the restrictions on the manner in which you can dispose of the flat and if your spouse's CPF money has been used to purchase a property, his account will have to be refunded. In this regard, if your spouse is missing, you may apply to the court for an order that CPF Board discloses to you the amount of your spouse's CPF monies that has to be refunded when the property is disposed of.

[Big Sexy]

What will happen to the division of matrimonial assets if my spouse is, or I am, a bankrupt?

Upon the bankruptcy of a person, his assets will vest in (i.e. come under the charge of) the Official Assignee (OA), the official from the Insolvency and Public Trustee's Office. The OA will then manage these assets, to find the money to pay off the bankrupt's creditors. The bankrupt will not be able to sell or transfer or do anything to dispose of the assets without the permission of the OA. Note that some assets do not vest in the OA, such as the HDB flat and CPF monies.

The division of the matrimonial assets in divorce proceedings will still take place in a case where either or both parties are bankrupt, in the same way as in a case where neither of the parties is a bankrupt. However, the OA may attend the hearing of the ancillary matters, to make representations on behalf of the bankrupt. The approval of the OA is also needed if there is a settlement on the division of the assets between the parties.

[Big Sexy]

The court has made an order to divide our matrimonial assets. Can I apply to court to change (vary) or to revoke (set aside) this order if I am not happy with it? Will the position be different if the order was made pursuant to a consent or agreement between the parties?

The court may, at any time it thinks fit, extend (i.e. enlarge), vary (i.e. change) or revoke (i.e. cancel) any order made on the division of the matrimonial assets. In appropriate cases (for example, there is a material change in circumstances such that the earlier order can no longer be carried out), the court will exercise this power. If, however, the situation is that a party is dissatisfied with the order of division made by the court, the party should file an appeal against the order. The position is different with an order made by the consent of the parties (a "consent order"). A consent order cannot generally be varied, unless the order is subject to certain conditions which cannot be fulfilled, eg. the HDB flat is ordered to be sold subject to HDB's approval and HDB does not grant approval for sale.

[DNAT]

Dear Big Sexy (LLB - London):
What should I do (the entire procedure) IF I intend to marry an Indonesia gal who is a Muslim ?

[Big Sexy]

Do I need a lawyer to help me resolve the issue of the division of matrimonial assets? What if I can't afford a lawyer?

You can, if you wish, conduct the proceedings yourself. However, you must ensure that the documents that you file in (submit to) the court are in the correct format, and are "stamped" (i.e. court fees must be paid for each document filed in court). There are rules as to which documents must be filed at different stages of the proceedings, and there are also legal arguments which you may have to make if the matter is contested. The court will not be able to give you any legal or procedural advice. So if you are conducting the proceedings yourself, you cannot expect to obtain any assistance or advice from the court. If, at any stage, you are unsure of what to do or say, then you may wish to obtain the assistance of a lawyer.
If you cannot afford a lawyer, you may wish to apply to the Legal Aid Bureau for assistance. However, you will have to satisfy the "Means Test" and the "Merits Test" in order to qualify for legal aid. For more details, you may wish to view the website of the Legal Aid Bureau.

[Big Sexy]

wow very long procudure to follow... ok to make it simple for you, just do these few step and u can marry her liao.. very simple...

1. Stop Kio Kway.

2. But her a wedding ring.

3. Go for Circumcision...

4. Go to ROM and register your marriage.

5. Convert to muslim

last and most importantly...buy us all dinner

OR

u can call me and i will tell you the entire procedures... but my charge are S$200 an hour.

Originally Posted by DNAT

Dear Big Sexy (LLB - London):
What should I do (the entire procedure) IF I intend to marry an Indonesia gal who is a Muslim ?

[Big Sexy]

As a Muslim, should I file applications for division of matrimonial assets at the Family Court or the Syariah Court?

The answer depends on whether there are divorce proceedings involving your spouse and you at the Syariah Court:

(a) If no divorce proceedings have been commenced in the Syariah Court, you may make an application for division of matrimonial assets at the Family Court by filing an Originating Summons under section 59 of the Women's Charter.
(b) If divorce proceedings have been commenced in the Syariah Court or if the Syariah Court has already granted a divorce, you should make the application for division of assets during the divorce proceedings. If you would like to file applications at the Family Court instead, you would first have to obtain
(i) a "Commencement Certificate" from the Syariah Court to allow civil proceedings to be started at the Family Court; or
(ii) your spouse's consent to begin custody proceedings at the Family Court and a "Counselling Attendance Certificate" from the Syariah Court .
The Family Court has no power to hear the case if either of these conditions is not met.

[Big Sexy]

I have already filed an application for division of matrimonial assets at the Family Court. My spouse then filed divorce proceedings at the Syariah Court and in his/her divorce application, he/she also asked the Syariah Court to decide the same issue. Which court will deal with the matter?

If the application for division of matrimonial assets is filed at the Family Court and divorce proceedings at Syariah Court are subsequently commenced, the Family Court will stop hearing the application. The Family Court will only proceed with the hearing of the matter provided either condition is met:
(i) the Syariah Court issues a "Continuation Certificate" to allow the civil proceedings at the Family Court to continue; or
(ii) your spouse consents to continue with the custody proceedings at the Family Court and a "Counselling Attendance Certificate" is issued by the Syariah Court.

[Big Sexy]

Maintenance (Financial Support)

This section sets out the legal principles that are applicable when the Family Court deals with applications for financial support (that is, maintenance) of wives and children. Such applications can be made under Part VIII and X of the Women's Charter. In addition, the court can make a maintenance order for children under the Guardianship of Infants Act. These principles apply to both Muslim as well as non-Muslim parties.