Men, Know your rights under Matrimonial Law

[Papsmearer]

How does the Court decide on our shares of the matrimonial assets?

The Court’s decision will be based on section 112 of the Women’s Charter.

The fact that you or your spouse did not pay for a particular matrimonial asset is not conclusive. There is no particular formula used to divide the property. The Court’s decision is made after it has heard all the evidence. The Court will decide what share is just and equitable in the circumstances of your case.

The Court will look at
• each spouse’s direct financial contributions, such as salary earnings
• the children’s needs
• each spouse’s non-financial contributions to the welfare of the family, including looking after the home and caring for the family
• any agreement that both of you may have made regarding the division of the matrimonial assets in case of a divorce.

If you and your spouse are unable to agree on how to divide the matrimonial assets, the Court will ask each of you to file an Affidavit of Assets and Means in the ancillary matters stage of your divorce proceedings.

Alternatively, you may request a Resolution Conference at the Family Resolution Chambers to help you and your spouse reach an agreement.

 

[Papsmearer]

Can I keep our HDB flat after the divorce?

That depends.

If the HDB flat is a matrimonial asset, the Court can make an order for your spouse to transfer his share of the flat to you.

But it is very important that you check with HDB that you are eligible to retain the flat. You must do this before the ancillary matters hearing, because the Court will not be able to give you answer to this question. Only HDB can provide you with the information that you need.

It is also very important that you check on your own financial status to see if you can reimburse the CPF money that your spouse used to buy the flat, and to pay any cash amount that your spouse may ask for in return for the transfer. You may need to make some inquiries with your bank. Again, you must do this before the ancillary matters hearing, because the Court will not be able to help you with financing the transfer.

You should refer to the HDB and CPF Board websites for current information on HDB and CPF regulations and policies.

 

[Papsmearer]

Can I keep our HDB flat after the divorce?

That depends.

If the HDB flat is a matrimonial asset, the Court can make an order for your spouse to transfer his share of the flat to you.

But it is very important that you check with HDB that you are eligible to retain the flat. You must do this before the ancillary matters hearing, because the Court will not be able to give you answer to this question. Only HDB can provide you with the information that you need.

It is also very important that you check on your own financial status to see if you can reimburse the CPF money that your spouse used to buy the flat, and to pay any cash amount that your spouse may ask for in return for the transfer. You may need to make some inquiries with your bank. Again, you must do this before the ancillary matters hearing, because the Court will not be able to help you with financing the transfer.

You should refer to the HDB and CPF Board websites for current information on HDB and CPF regulations and policies.

 

[Papsmearer]

If my spouse and I have reached an agreement to sell our Housing and Development Board (HDB) flat after the divorce, must we refund the CPF money we used to buy the flat to our CPF accounts?

According to prevailing CPF rules and regulations, you will both need to refund the money used for the purchase of your home, with interest on those amounts, or such amounts as to be determined by the CPF Board, to your respective CPF accounts. This requirement cannot be waived by the Court.

You should refer to the CPF Board website for current information on CPF rules, regulations and policies.

 

[Papsmearer]

What is a matrimonial asset?

Most couples will have acquired a home during the course of their marriage. Some will have other assets, such as a family car, businesses, bank accounts or insurance polices.

If the property or asset is a matrimonial asset, then it is part of a pool of assets that the Court will divide when the couple comes to Court to get a divorce.

If the asset was acquired after the marriage, it is a matrimonial asset. If the asset was acquired by you before the marriage, it is a matrimonial asset if
• it has been used by your spouse, or the children, while you were living together
• it has been substantially improved during the marriage by your spouse, or by both of you.

If the asset was a gift, or was inherited by you, it is not a matrimonial asset except if • it is the matrimonial home
• it has been substantially improved during the marriage by your spouse, or by both of you.

 

[Papsmearer]

How will the Court decide who owns the property, and in what shares?

The Court will apply general principles of property law to your dispute—in other words, the Court will decide your dispute according to the same principles that apply in property disputes between people who are not married to each other.

This is a complex area of the law, and an account of these principles is beyond the scope of this website. You are advised to consult a lawyer if you are thinking of making an application to the Court under section 59 of the Women’s Charter.

 

[Soul_Reaper]

What Men's rights are you talking about? It is all just a charade.
The Courts can never be fair to the men in its application of the Womens Charter especially so if the ex-wife is smart enough to get the womens group involved. Dun underestimate the influence these bunch of butch & lesbians have over the kangaroo judiciary.

F*CK THE WOMENS CHARTER !!!

 

[no_faith]

and this is under woman charter.
all the blah blah are bullshit.
man also human.

during husband and wife time, whr gt everyting black and white wan?
can be fair a bit or not?


:oIo:women charter:oIo:

 

[scoobyhoo]

Why marry? Just remain bachelor can save you problems, consequences and liabilities of a broken/inprefect marriage.

If have urge for sex, just get from your gal friends or visit a brothel.

There are more and more divorce nowadays.

Young men, don't play with fire!

 

[jw5]

You have the right to remain single.
If you give up that right, anything you have can and will be taken from you.
You have the right not to appoint a divorce attorney.
If you can't afford one, it doesn't matter because you won't need one if you remain single.

 

[Papsmearer]

What Men's rights are you talking about? It is all just a charade.
The Courts can never be fair to the men in its application of the Womens Charter especially so if the ex-wife is smart enough to get the womens group involved. Dun underestimate the influence these bunch of butch & lesbians have over the kangaroo judiciary.

F*CK THE WOMENS CHARTER !!!

If you look at the rules again, u will clearly see that there are ways to win in the family court. For example, if you draw up an agreement on the division of assets before marriage, in other words, a pre-nup, u can use that in the event of a divorce. The judiciary is only kangaroo when it comes to political matters. In other matters, like civil its more or less fair. But if you look at the average pathetic handbag-holding-for-the-gf sinkie male, u will realise why they always get raped in a divorce court.

 

[Papsmearer]

and this is under woman charter.
all the blah blah are bullshit.
man also human.

during husband and wife time, whr gt everyting black and white wan?
can be fair a bit or not?


:oIo:women charter:oIo:

The women's charter was fair to men until 1996. It was amended that year, and after that, men got the short end if they let it happen. Prior to that, in a divorce, women only get whatthey put into it financially. After 1996, the courts consider stay at home stuff and put a value to it.

 

[Papsmearer]

Why marry? Just remain bachelor can save you problems, consequences and liabilities of a broken/inprefect marriage.

If have urge for sex, just get from your gal friends or visit a brothel.

There are more and more divorce nowadays.

Young men, don't play with fire!

If you want to have kids, u have to get married. If you want kids and do not want to ghet married, people can call them bastards.