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

[ace7788]

Would appreciate if someone can offer me some advice. Thanks in advance.

I have recently got my marriage dissolved through annulment, and was issued an Annulment Certificate (Decree Nisi). I was told by my ex-spouse lawyer that this will be a temp document, and a final certificate will be issued 3 months from the court hearing (15 Aug 2006).

My question:
1. What if the party changes her mind? I am the respondent. I do not and will not change my mind for the annulment.

2. Can I state on my employment form my marital status as "Single"?

Personally, I think I have been poorly advised by my ex-spouse lawyer. So many issues remain unsolved. Don't know whether these few months can go out with girls or not.

Thanks again.

[Big Sexy]

for the benefit of all.... here's an article on the whole procedures..

What do I do if I want to file for divorce or annulment?

When you consider filling for divorce, you must consult a lawyer for legal advice and assistance. Your lawyer will be able to determine whether you have a case for divorce before proceeding any further. He or she can prepare all the necessary legal documents required by the Court.

Upon the commencement of your matter, you must furnish the following documents and information to your lawyer.
Original Marriage Certificate;

Grounds for divorce or annulment together with the supporting documents (where applicable). For example :
For Adultery
Private Investigator's report, DNA report
For unreasonable behaviour
Police report(s) on such unreasonable behaviour(s)
Medical report(s) evidencing physical abuse
For separation
Deed of Separation
Particulars of Petitioner, Respondent and children of the marriage
Corresponding addresses and contact number(s) of the Petitioner and Respondent
A copy each of the birth certificates of the children;
Particulars of the matrimonial property and/or assets;
Custody, care and control of children of the marriage;
Maintenance of Petitioner and children of the marriage.

If there is an HDB matrimonial flat, we will submit the Standard Query to the HDB and the CPF Board for information regarding the said flat. Both the HDB and the CPF Board would take about 1 month to reply.
Upon the receipt of the replies from the HDB and CPF Board, we will be able to prepare :
A Proposed Matrimonial Property Plan that sets out the division of the flat between you and your spouse. This has to be signed by you, or if agreed with the Respondent, an Agreed Matrimonial Property Plan needs to be signed by both parties.

A Proposed Parenting Plan as to the custody, care and control of the children of the marriage. This has to be signed by you, or if agreed with the Respondent an Agreed Parenting Plan needs to be signed by both parties.
Thereafter, will prepare and file the following documents in Court :

Divorce Petition;
Notice of Proceeding;
Certificate with regards to Reconciliation;
Acknowledgement of Service;
Memorandum of Appearance;
Certificate of Consent (for 3 years separation with consent)
Proposed/Agreed Matrimonial Property Plan;
Proposed/Agreed Parenting Plan.

The Court will issue a Divorce Petition Number and return a Sealed copy of the Notice of Proceedings to your lawyer. This process takes about 3 days to 1 week.

Upon receipt of the sealed copy of Notice of Proceedings, we will arrange for the service of the relevant legal documents on the Respondent. If the Notice of Proceedings cannot be served personally on the Respondent after 2 attempts, we will apply to the Court for Substituted Service of the documents by way of posting the same on the door of the Respondent's premises. If the respondent's address is not known, the Notice can be served by way of advertisements. The whole process can take about 1 to 2 weeks depending upon the mode of service that needs to be undertaken.

After 8 days from the date of service of the Petition on the Respondent (by way of personal service or Substituted Service)
If the Respondent failed to file the Memorandum of Appearance (which was served on him), we will then prepare and file the following documents in Court:
- Application to search for Appearance
- Affidavit of Service
- Certificate of Non-Appearance

This process would take approximately 1 week to execute.

If the Respondent files a Memorandum of Appearance and is not contesting the Petition, we can proceed to set the matter down for Trial on an uncontested basis.

If the Respondent files a Memorandum of Appearance and is contesting the Petition, the Respondent is to file an Answer in Court and serve the same to us within 22 days from the date of service of Petition.
We will then proceed to set the matter down for trial and the Court will fix a date for hearing on the Petition. The hearing date is normally set within 3 weeks to a month's time from the date of application.

During the hearing the Court may grant the Decree Nisi and ancillaries may be adjourned to a later date to be fixed by the Court. we will inform you of the date and any other necessary action(s) to be undertaken as the case may be or directed by the Court.

After three (3) months from the granting of a Decree Nisi or after ancillary matters have been settled, which ever is later, we will proceed to extract the Certificate of making Decree Nisi Absolute. The Court will take about 2 weeks to 1 month to release the Certificate of Making Decree Nisi Absolute.

Upon receipt of the said Certificate of Making Decree Nisi Absolute, the divorce proceeding is completed.

Originally Posted by ace7788

My question:
1. What if the party changes her mind? I am the respondent. I do not and will not change my mind for the annulment.

it will only complicate matters...it depends on the reason.... get your lawyer to advice you on this further.. as always.. please consider the possibility of a reconciliation between you and your spouse...esp if you have young ones..

2. Can I state on my employment form my marital status as "Single"?
your divorce proceeding is not complete yet.

Personally, I think I have been poorly advised by my ex-spouse lawyer. So many issues remain unsolved. Don't know whether these few months can go out with girls or not.
normal outing is Ok... but avoid any initmate behavior... ..

[ace7788]

Thanks for your insightful information.

It seems like the lawyer did not give me a good picture. He told me that the court hearing is considered final, and I will be considered as "Single" since the marriage is void. Well. It is good to seek alternative legal advice in future.

My question:
1.What if the party changes her mind? I am the respondent. I do not and will not change my mind for the annulment.

it will only complicate matters...it depends on the reason.... get your lawyer to advise you on this further.. as always.. please consider the possibility of a reconciliation between you and your spouse...esp if you have young ones..

We don't want a reconciliation. The love was gone. Can't even see face-to-face now. Just hope the remaining issues will be solved and that's it. We do not have any kids. I am thinking about what if the "petitioner" changes her mind - what will happen?

2. Can I state on my employment form my marital status as "Single"?
the divorce proceeding is not complete yet and your status will still be married.

Personally, I think I have been poorly advised by my ex-spouse lawyer. So many issues remain unsolved. Don't know whether these few months can go out with girls or not.

normal outing is Ok... but avoid any initmate behavior... ..

Thanks for the advice. I have earlier thought that since the marriage is void, and the Decree Nisi was issued, we can do anything we want now. Maybe I should keep low profile for some time - no more KTV and HC for 2 months

[Big Sexy]

you are most welcome.... your divorce was contested and the court hearing is final... that is right.. but the the divorce proceeding is complete yet...

"After three (3) months from the granting of a Decree Nisi or after ancillary matters have been settled, which ever is later, we will proceed to extract the Certificate of making Decree Nisi Absolute. The Court will take about 2 weeks to 1 month to release the Certificate of Making Decree Nisi Absolute.

Upon receipt of the said Certificate of Making Decree Nisi Absolute, the divorce proceeding is completed. "

Originally Posted by ace7788

Thanks for your insightful information. It seems like the lawyer did not give me a good picture. He told me that the court hearing is considered final, and I will be considered as "Single" since the marriage is void. Well. It is good to seek alternative legal advice in future.

[dc7176]

Bro big sexy, legal aid bureau only serve singaporean or PR. Green card holder cant help leh!!

Anyway, she manage to find a lawyer to help her claim maintenance from her husband. The lawyer fee is abt $1000. My cousin claim tat the lawyer says tat she confirm can claim maintenance fee at least $100 - $200 per month from her husband under woman charter as her husband is workin n earning ard 3k per month.

Any idea if the lawyer fee comes to $1000?? As she is now back in msia, she would need the lawyer to rep her in court! N can she get back the fee from her husband thru court??

thx again.

[Big Sexy]

yeap bro u are right... The services of the Legal Aid Bureau are for poorer Singapore Citizens and Permanent Residents who are in Singapore and come within the ambit of the scheme and meet the requirements of financial Means Test..... that message was more in reply to the bro( in PM) who was asking about it la...

------------------------------------------------
for those interested in legal aid... read here..source from http://app.minlaw.gov.sg/lab/info.asp#1

Briefly, to qualify for legal aid,

(a) you have to be a Singapore Citizen or a Singapore Permanent Resident and is present in Singapore;

(b) you have to satisfy the ”Means Test”. Your disposable income, that is, your income for the past 12 months before the date of application for legal aid and after deducting prescribed allowances, must not exceed $10,000/-, and your disposable capital must not exceed $7,000/-; and

(c) there must be merits in your case.
----------------------------------------------------

if her husband has a fix income of $3000/- per month and no other commitments( e.g child, parents and house)....she should be able to get MUCH more than the $100-$200...

$1000 is actually consider cheap... as for how the figure was derive..the law firm is in a better position to advise you on that..... remember the bigger the law firm... the higher the charges... as such... gettting a small law firm to handle the case will do.. alot of bigger law firms doesnt like handle such cases as well..

i assumed you meant the legal fee..... no..very unlikely... but there are others ways to do that...

Originally Posted by dc7176

from her husband under woman charter as her husband is workin n earning ard 3k per month.
thx again.

sorry not really sex related... that was why bro S.. Pm me...anyway.. to answer it...
There is no time limit laid down for making a complaint. You may claim constructive dismissal either before you leave - or after..........This is also a counter-claim. You can only make a counter-claim if you have received a claim against you. It is often the case that a person will decide that it isn't worth the cost or trouble of making a claim (even when he or she has a good case) but will subsequently make the counter-claim if action is taken against him/her. It's far less expensive and risky to make a counter claim than it is to make a claim in the first place.

Originally Posted by Pm from Sxxx

Wrongful dismissal by in laws.......

[Soul_Reaper]

Originally Posted by dc7176

The lawyer fee is abt $1000.

This lawyer is dirt cheap!
Very rarely can find one that charges this price anymore.
Mine initially open price at $2900/= for simple & straight forward divorce package but my divorce kenna complications now balloon to $5000/= liao and case still not finished yet.

Soul_Reaper

[dc7176]

Originally Posted by Soul_Reaper

This lawyer is dirt cheap!
Very rarely can find one that charges this price anymore.
Mine initially open price at $2900/= for simple & straight forward divorce package but my divorce kenna complications now balloon to $5000/= liao and case still not finished yet.

Soul_Reaper

Bro u have mistaken, divorce charge should b ard 3k this 1k is to claim maintenance fee only. sigh!! should hav study harder during my younger days!!
Talk to lawyer, they charge 250 per hour!! wah lan, better than those pro open legs!!

[Big Sexy]

even a "deed of settlement letter...(layman term= out of court settlement letter) will easily cost u 300- 500 in a bigger law firm...and that is for only opening a "file"...: D

250 is for new bird .. that was my charges 2 years back ... it is now close to 400 an hour... but most of that goes to the law firm

Originally Posted by dc7176

Talk to lawyer, they charge 250 per hour!! wah lan, better than those pro open legs!!

[plain]

Dear Big Sexy,
I have a friend who divorced and NOT paying any maintenance to ex-wife
BUT paying $300 every month to his daughter.

If he re-marry, does he still have to pay ? I understand that if his EX re-marries to some one else, he can stop paying but what about if HE re-marries

[Big Sexy]

Maintenance to the child usually only stop...

a. after the child's 21st birthday, unless the maintenance order states that the order is to continue for a period ending after the child's 21st birthday.

b. In addition, if your child is able to support himself before he turns 21 years old (for example, he starts working before 21 years old), your friend may apply to the court to rescind the order on the ground that the child no longer needs maintenance from him

so yes... he will still have to pay unless the above condition is fulfilled.

Originally Posted by plain

Dear Big Sexy,
I have a friend who divorced and NOT paying any maintenance to ex-wife
BUT paying $300 every month to his daughter. If he re-marry, does he still have to pay ?

hmm. are you referring to maintenance for the wife here??? if it is on child maintenance then see above...

he will have to pay your wife maintenance until the death of either party or upon the remarriage of the wife. Therefore, if the wife re-marries, he can stop paying her maintenance, but if he re-marry, he must continue to pay her maintenance.

Originally Posted by plain

I understand that if his EX re-marries to some one else, he can stop paying but what about if HE re-marries

[Grounded Eagle]

Originally Posted by Big Sexy

you are most welcome.... your divorce was contested and the court hearing is final... that is right.. but the the divorce proceeding is complete yet...

"After three (3) months from the granting of a Decree Nisi or after ancillary matters have been settled, which ever is later, we will proceed to extract the Certificate of making Decree Nisi Absolute. The Court will take about 2 weeks to 1 month to release the Certificate of Making Decree Nisi Absolute.

Upon receipt of the said Certificate of Making Decree Nisi Absolute, the divorce proceeding is completed. "

Need some clarification here. I have a buddy who contested his divorce & was granted decree nisi 4 mths ago. He has fulfilled all his required responsibilities under the ancillary matters and was expecting the other party to complete the extraction of the decree nisi absolute.

The problem now is the other party does not want to honour the agreement on the ancillary matters now claiming she was badly advised by her lawyer. She has changed to a new lawyer. Do my buddy have to go through the whole process again? Can he extract the decree nisi absolute instead.

Anybody can help ?

I got a relative who married a foreigner wife and she is a PR but getting her Pink ic very soon ( Approved already ) . Problem is that my relative ( My uncle infact ) suspect that his wife might leave him after getting citizenship. Can anybody give advised that if that really happened can he sue his wife for cheating him and making used of him just to get citizenship ?

[snakehead]

Originally Posted by Grounded Eagle

The problem now is the other party does not want to honour the agreement on the ancillary matters now claiming she was badly advised by her lawyer. She has changed to a new lawyer.....

Got such thing wan meh..... isn't the court hearing decision is final.
Like tat anyone can suka suka change lawyers until he/she gets the verdict that they desire.

bro snakehead

[Big Sexy]

how was she "badly advised" by the lawyer??.. the rules are simple... and are handled by those people who does the same stuff everyday...they just have to follow the procedures....hardly anything can go wrong...

unlikely your buddy has to go thru those shit again... unless she has got solid ground.

Originally Posted by Grounded Eagle

The problem now is the other party does not want to honour the agreement on the ancillary matters now claiming she was badly advised by her lawyer. She has changed to a new lawyer. Do my buddy have to go through the whole process again? Can he extract the decree nisi absolute instead.