Question on divorce asset splitting

[Eighty7]

Not sure where to post this so just decided to ask here .


Recently I had a talk with my friend and this topic came up . His mum and dad are currently not on talking term and on the edge of divorce. Currently the HDB is paid for by the Husband , but the Wife helped in daily expenses etc both of them are already in their old age 60s.

The question is if they divorce , how do court usually decide the splitting of asset ? Will the Wife get anything ?

 

[maple96]

just google and u should be able to get some info. Which side are u with, husband or wife?

Both parties shld first discuss and agree on the terms, else get a lawyer to help fight for the assets. Not just HDB, all assets of both parties can be shared/split. For free legal advice, can make appointment with free legal clinic available at some community clubs.

Read some info here

https://www.gjclaw.com.sg/areas-of-practice/family-law/division-of-assets/

 

[Mr. Wood]

the court will consider many other factors besides who paid for the HDB. Is the wife's included as owner? can wife prove she has put in daily upkeeping (eg paid for maid, paid for children's school fees) or children (no minors) can attest for her.
Generally under WC wife will get half, regardless of man or woman fault in the divorce and an fair maintenance for a similar level of lifestyle as though before divorce .

 

[Mr. Wood]

unless one of them has AGC backing, then is a different story.

 

[maple96]

I know of a case where the court decided the sale proceeds from the sale of HDB were split equally, but after taking in account the share of monies paid by both parties for the flat. Each has to provide proof of the amt paid by cash or CPF, if paid by CPF then the CPF plus interest will be paid first, then the balance of proceeds shared equally.

Generally share is 50% each.

Before proceedings start or once u sense separation/divorce is on the cards, u should start to protect your assets from being shared

 

[Eighty7]

Thanks for the response , i did Google but the answers are text book and generic , hence I just wanna see anyone’s view base on experience or knowledge.

Personally I’m not on anyone side I’m just thinking how it would be allotted because both not working. Of cause hopefully it can be resolved amicably

 

[Nofear40]

Thanks for the response , i did Google but the answers are text book and generic , hence I just wanna see anyone’s view base on experience or knowledge.

Personally I’m not on anyone side I’m just thinking how it would be allotted because both not working. Of cause hopefully it can be resolved amicably

Goes by financial and non-financial contribution for matrimonial assets splitting. Matrimonial assets include all other assets
But if the couple can decide before they submit, court will not interfere

 

[BBCWatcher]

But if the couple can decide before they submit, court will not interfere

Probably won’t. If the proposed settlement is egregiously irrational or improper then the court could still intervene.

 

[manlymanly]

For long marriages (>20 years) the split is assumed to be 50/50, then each side present the case of why they should get more. e.g. if the mom was a heavy gambler and never took care of family then the dad can negotiate for 60/40 by showing proof that he paid for the flat, paid for childcare etc.

My friend got divorced fairly recently at 50+ cos her husband got China woman. She's a secretary at work and over the years kept meticulous records of their investments, incl the $ she gave her husband for his business. She has records that she paid for > 80% of their properties, but due to long marriage, the lawyer told her 70/30 in her favor is very good outcome. Good that she has evidence of the affair and other unreasonable behavior otherwise usually it's 50/50

 

[yoongf]

Div is either contested or uncontested. Legal fees can be huge if its a contested div.

Its good u are neutral. As both are not on talking terms, it might be in your interest to be the mediator and work towards an uncontested div. That will be a win-win for everyone.

Thanks for the response , i did Google but the answers are text book and generic , hence I just wanna see anyone’s view base on experience or knowledge.

Personally I’m not on anyone side I’m just thinking how it would be allotted because both not working. Of cause hopefully it can be resolved amicably

 

[ELKYme]

TS, I’m not gonna provide info on who gets what, but I really hope you’ll really consider doing this...

In my books, “on the edge of divorce” means it’s still salvageable!
I’m sure you’re a good friend, please advise your friend to have a heart-to-heart talk with the old folks:

1) Remind them about the occasions the family came together during challenging events in the past.
2) Explain to them the pain it’ll bring to the entire family and the mess it’ll create in asset allocation.
3) They are already in their twilight years, would a divorce make that much of a difference? It’s just legal paperwork, couples can decide to distance themselves temporarily without going through this. Suggest that they stay in separate rooms for the time being if needed.

They will likely relent and find a way to tahan each other.

If the above fails, bring them for marriage counselling, divorce should be the last resort!

 

[maple96]

Div is either contested or uncontested. Legal fees can be huge if its a contested div.

Its good u are neutral. As both are not on talking terms, it might be in your interest to be the mediator and work towards an uncontested div. That will be a win-win for everyone.

If their assets are simple/not complicated or huge, legal fees are reasonable. Dun find expensive lawyers.

Most important thing they must do now - change all bene names for all nominations, eg CPF and insurance policies!

 

[yoongf]

Legal fees may not be based on assets if is contested.

Ppl can play punk by dragging the case, no show for court dates, every small thing disagree, the legal correspondances and wasted court appearances will cost a bomb.

If their assets are simple/not complicated or huge, legal fees are reasonable. Dun find expensive lawyers.

Most important thing they must do now - change all bene names for all nominations, eg CPF and insurance policies!

 

[maple96]

Legal fees may not be based on assets if is contested.

Ppl can play punk by dragging the case, no show for court dates, every small thing disagree, the legal correspondances and wasted court appearances will cost a bomb.

if u are unlucky to have a lawyer who "dun know how to deal with these" without charging u additional or big fees, too bad. Kena cut carrot head by lawyer!

 

[numbers]

SG women charter is very powderful. If the wife want more, most likely can get. I think the husband have to pay maintenance fees too.

 

[ELKYme]

Whether it’s long drawn or a quick resolution for asset allocation, it’s still going to be a big mess.

1) Whatever percentages awarded to either party, what then? Sell the HDB and divide accordingly??
2) What happens then? Will TS’s friend assist each parent to look for individual housing to ensure that the 2 of them have a roof over their heads?
3) Will the friend have the energy to go back and forth to look after both of them as they progress in age?

Lastly, Is this the LEGACY that the parents want to leave behind? A broken home?

It’s indeed heartbreaking to hear stories such as this...after spending so many years toiling to raise a family and during their last leg of their lives, instead of treasuring each other’s companionship, the parents chose this path. What a sad, sad situation.

 

[henrylbh]

SG women charter is very powderful. If the wife want more, most likely can get. I think the husband have to pay maintenance fees too.

What maintenance when husband is unlikely to be able to maintain himself cause he is not working?

 

[peterchan75]

Asking for legal advice here is like 6 blind men touching an elephant.

Can get free legal advice here.
http://legalclinics.sg/

 

[maple96]

Whether it’s long drawn or a quick resolution for asset allocation, it’s still going to be a big mess.

1) Whatever percentages awarded to either party, what then? Sell the HDB and divide accordingly??
2) What happens then? Will TS’s friend assist each parent to look for individual housing to ensure that the 2 of them have a roof over their heads?
3) Will the friend have the energy to go back and forth to look after both of them as they progress in age?

Lastly, Is this the LEGACY that the parents want to leave behind? A broken home?

It’s indeed heartbreaking to hear stories such as this...after spending so many years toiling to raise a family and during their last leg of their lives, instead of treasuring each other’s companionship, the parents chose this path. What a sad, sad situation.

U have comprehension problem? TS just want to know more to see if he can help his friend whose parents are having problem, talking divorce.

If u have some knowledge of divorce proceedings on asset division and disposable, u will not ask all those questions are HDB disposal. His friend's parents are old enough to know what they are doing and have children to provide them with an alternative roof, maybe.

Every family has their own problems, here we are helping to answer some legal questions for which people have knowledge/experience and help point them to sources of help, like the free legal clinic. TS can share with his friend, he dun have to go que up to meet the lawyer at the free legal clinic

 

[peterchan75]

U have comprehension problem? TS just want to know more to see if he can help his friend whose parents are having problem, talking divorce.

If u have some knowledge of divorce proceedings on asset division and disposable, u will not ask all those questions are HDB disposal. His friend's parents are old enough to know what they are doing and have children to provide them with an alternative roof, maybe.

Every family has their own problems, here we are helping to answer some legal questions for which people have knowledge/experience and help point them to sources of help, like the free legal clinic. TS can share with his friend, he dun have to go que up to meet the lawyer at the free legal clinic

Getting legal advice from a public forum is a no no. How would TS know for sure that the legal advice from this forum is accurate and correct? If TS gets inaccurate advice from here and use it to advise TS's friend, and that's a disaster.