Singapore Expats Forum

Suing My Soon to be ex Husband in Singapore

Moving to Singapore? Ask our regular expats in Singapore questions on relocation and their experience here. Ask about banking, employment pass, insurance, visa, work permit, citizenship or immigration issues.

Sponsored by:
Image
The Club Residences

User avatar
PNGMK
Director
Director
Posts: 4996
Joined: Thu, 21 Mar 2013
Location: Sinkapore

Re: Suing My Soon to be ex Husband in Singapore

Postby PNGMK » Thu, 29 Jan 2015 8:56 am

x9200 wrote:
PNGMK wrote:A serious answer - I would:

1. Apply for an annulment in Singapore on the basis of an previously undisclosed condition that prevents your partner from consummating the marriage (note: consummate normally means sex only but I'd argue that sex without procreation is grouns and also I'd argue that this also falls into the case of an undisclosed sexual disease which is also grounds for a annulment). The onus of proof will be on your ex to show such an issue does not exist if he wants to challenge the process - he won't do such a thing I suspect... Arranging an annulment in Singapore is very easy (although you really should have done it while resident here). You need a lawyer and google (read up on it). Singaporeans COMMONLY use this approach when divorcing PRC's who have fooled them into a non-legitimate marriage that they have no intention of consummating.

TBH I doubt she will manage to get it null at the grounds above. Consummated is not really linked to procreation. Also the Women's Charter mentions "venereal disease in a communicable form". No way such infertility is venereal and communicable.

But if we go into this level of details I think the first question to ask is: in what country the marriage was registered? If in India then maybe something from "105" would match:
Grounds on which marriage is void
105. A marriage which takes place after 1st June 1981 shall be void on the follow[..]
(b) where the marriage was celebrated outside Singapore, that the marriage is invalid —
(i) for lack of capacity; or
(ii) by the law of the place in which it was celebrated.


Nah - you miss the point - she goes for an annulment on the lack of consummation - if he wants to fight it he has to show why the marriage was not consummated . IT's a valid reason for an annulment IMO.
I have gay, black, Asian friends and then JR8.

User avatar
x9200
Moderator
Moderator
Posts: 9288
Joined: Mon, 07 Sep 2009
Location: Singapore

Re: Suing My Soon to be ex Husband in Singapore

Postby x9200 » Thu, 29 Jan 2015 9:28 am

PNGMK wrote:
x9200 wrote:
PNGMK wrote:A serious answer - I would:

1. Apply for an annulment in Singapore on the basis of an previously undisclosed condition that prevents your partner from consummating the marriage (note: consummate normally means sex only but I'd argue that sex without procreation is grouns and also I'd argue that this also falls into the case of an undisclosed sexual disease which is also grounds for a annulment). The onus of proof will be on your ex to show such an issue does not exist if he wants to challenge the process - he won't do such a thing I suspect... Arranging an annulment in Singapore is very easy (although you really should have done it while resident here). You need a lawyer and google (read up on it). Singaporeans COMMONLY use this approach when divorcing PRC's who have fooled them into a non-legitimate marriage that they have no intention of consummating.

TBH I doubt she will manage to get it null at the grounds above. Consummated is not really linked to procreation. Also the Women's Charter mentions "venereal disease in a communicable form". No way such infertility is venereal and communicable.

But if we go into this level of details I think the first question to ask is: in what country the marriage was registered? If in India then maybe something from "105" would match:
Grounds on which marriage is void
105. A marriage which takes place after 1st June 1981 shall be void on the follow[..]
(b) where the marriage was celebrated outside Singapore, that the marriage is invalid —
(i) for lack of capacity; or
(ii) by the law of the place in which it was celebrated.


Nah - you miss the point - she goes for an annulment on the lack of consummation - if he wants to fight it he has to show why the marriage was not consummated . IT's a valid reason for an annulment IMO.

In this case it's even worse: if she claims the marriage was not consummated she would need to prove her claim and she does not appear to be a virgin.

User avatar
zzm9980
Governor
Governor
Posts: 6837
Joined: Wed, 06 Jul 2011
Location: Once more unto the breach

Re: Suing My Soon to be ex Husband in Singapore

Postby zzm9980 » Thu, 29 Jan 2015 9:40 am

PNGMK wrote:
Nah - you miss the point - she goes for an annulment on the lack of consummation - if he wants to fight it he has to show why the marriage was not consummated . IT's a valid reason for an annulment IMO.


lack of fertility does not prevent consummation.

User avatar
PNGMK
Director
Director
Posts: 4996
Joined: Thu, 21 Mar 2013
Location: Sinkapore

Re: Suing My Soon to be ex Husband in Singapore

Postby PNGMK » Thu, 29 Jan 2015 10:17 am

Guys; you're missing the point. She wants a weapon to use. Annulment is one of the choices for her to use. This coward of an ex won't likely challenge her request for an annulment. She has no children so it will be her word against his that she has never had intercourse in the marriage and/or he is incapable of intercourse. If he does actually challenge it; then I suspect it will still swing her way if she insists the marriage was not 'consumated'.

A useful flow chart is here;

http://www.singaporedivorcelawyer.com.sg/annulment/
I have gay, black, Asian friends and then JR8.

User avatar
JR8
Immortal
Immortal
Posts: 16514
Joined: Wed, 24 Mar 2010
Location: K. Puki Manis

Re: Suing My Soon to be ex Husband in Singapore

Postby JR8 » Thu, 29 Jan 2015 10:53 am

PNGMK wrote:http://www.singaporedivorcelawyer.com.sg/annulment/



'However, unlike divorce proceedings, an annulment works on the basis that the marriage never properly existed in the first place.'

Interesting that consummation is required to be '''properly married'''. How many bridal couples get completely lashed-up at their wedding reception and not get it up that night. The above suggests they wake up the next morning not 'properly' [?] married. Hmmm...

So does case-law suggest where the boundary as to 'legally successful wedding night penetration' lies? :???: :D
'Do it or do not do it: You will regret both' - Kierkegaard

User avatar
ecureilx
Immortal
Immortal
Posts: 9790
Joined: Fri, 20 Aug 2010

Re: Suing My Soon to be ex Husband in Singapore

Postby ecureilx » Thu, 29 Jan 2015 10:54 am

x9200 wrote:". No way such infertility is venereal and communicable.


I had to laugh at the irony ...

User avatar
ecureilx
Immortal
Immortal
Posts: 9790
Joined: Fri, 20 Aug 2010

Re: Suing My Soon to be ex Husband in Singapore

Postby ecureilx » Thu, 29 Jan 2015 10:57 am

JR8 wrote:
Shalinee wrote:my family & I were cheated, it was an arranged marriage, they knew everything yet they hid such important info, what do you think my attitude should be towards them?


Maybe there is something lost in the x-cultural translation...

Is attesting ones fertility a part of the pre-marriage requirements in India? Did you yourself go through testing to prove your fertility beforehand, and if not how do you know that you are?

In Indian culture all men are virile .. it's always the woman who is faulty when baby doesn't appear after many moons ...pardon my words ..



Ps, my spell check changed virile to futile :)

Shalinee
Newbie
Newbie
Posts: 6
Joined: Wed, 28 Jan 2015

Re: Suing My Soon to be ex Husband in Singapore

Postby Shalinee » Thu, 29 Jan 2015 3:28 pm

Emergency123 wrote:
JR8 wrote:
Shalinee wrote:my family & I were cheated, it was an arranged marriage, they knew everything yet they hid such important info, what do you think my attitude should be towards them?


Maybe there is something lost in the x-cultural translation...

Is attesting ones fertility a part of the pre-marriage requirements in India? Did you yourself go through testing to prove your fertility beforehand, and if not how do you know that you are?


@ OP - how would anyone know about their ' fertility' status ? It is not like people go and have tests done without a reason :???:


His father has two brothers, both don't have any kids, his aunt(younger Uncle's son) got herself checked & she was allright, asked her husband to get checked he refused.

His parents were paranoid something will be wrong with their only child & the only male heir(or any heir) in this generation, thats' why they got him checked.

User avatar
PNGMK
Director
Director
Posts: 4996
Joined: Thu, 21 Mar 2013
Location: Sinkapore

Re: Suing My Soon to be ex Husband in Singapore

Postby PNGMK » Thu, 29 Jan 2015 9:35 pm


His father has two brothers, both don't have any kids, his aunt(younger Uncle's son) got herself checked & she was allright, asked her husband to get checked he refused.

His parents were paranoid something will be wrong with their only child & the only male heir(or any heir) in this generation, thats' why they got him checked.


Did you have sex though? If not an annulment is a possibility.
I have gay, black, Asian friends and then JR8.

User avatar
Wd40
Director
Director
Posts: 3832
Joined: Tue, 04 Dec 2012
Location: SIndiapore

Re: Suing My Soon to be ex Husband in Singapore

Postby Wd40 » Thu, 29 Jan 2015 9:55 pm

Feel sorry for the OP, however, I have heard far worse cases of Indian arranged marriages ending up with divorce:
1)The guy being a gay.
2)Alcoholic and wife abuser.
3)OT frequenter.

In all these cases, the max thing that has happened is a divorce. I haven't heard of any wife suing the husband for any of the above cases. Like others have said, what is the case here? Do you want to put criminal charges on him? Put him behind bars? Then sorry, I dont see as per Indian law or Singapore law that is going to happen. A quick divorce is the best thing that can happen to you and the worst thing you can do to him is extract as much money in alimony and give him stress by suing him.

To Nakatago's question. Surprisingly, arrange marriages still happen mostly based on trust, background and reference check. No AIDS test or fertility test. Dowry is a tradition thing, I dont know why it existed but it still exists, in some cases, only symbolic. The females side give a lot of jewelery and in some cases, its a matter of pride too to give a lot of gold and property as dowry.

You can think of dowry as the Chinese Ang baw thing, that happens this time of the year. Its a tradition thing :)

User avatar
ecureilx
Immortal
Immortal
Posts: 9790
Joined: Fri, 20 Aug 2010

Re: Suing My Soon to be ex Husband in Singapore

Postby ecureilx » Thu, 29 Jan 2015 10:51 pm

Wd40 wrote:3)OT frequenter.


India got OT ??

Wd40 wrote:In all these cases, the max thing that has happened is a divorce. I haven't heard of any wife suing the husband for any of the above cases. Like others have said, what is the case here? Do you want to put criminal charges on him? Put him behind bars? Then sorry, I dont see as per Indian law or Singapore law that is going to happen. A quick divorce is the best thing that can happen to you and the worst thing you can do to him is extract as much money in alimony and give him stress by suing him.


Times are changing, and even after kids, should there be divorce, the trend is for women to fight for compensation. Closer to me a similiar case is in progress, after 2 kids, the girl didn't want the husband, and found another guy, but that didn't stop her from demanding costs for marital neglect .. whatever that means .

Wd40 wrote:To Nakatago's question. Surprisingly, arrange marriages still happen mostly based on trust, background and reference check. No AIDS test or fertility test. Dowry is a tradition thing, I dont know why it existed but it still exists, in some cases, only symbolic. The females side give a lot of jewelery and in some cases, its a matter of pride too to give a lot of gold and property as dowry.


And in cases I know, the fixed marriages were pushed through though somebody knew the boy was a problem child/had a mistress/not into mating .. or likewise for girls .. as the general notion is 'once they get married, it will be ok'

Alas, that doesn't happen

The saddest case I know, in Malaysia, was a family, who's kids got Muscular Dystrophy

And somebody convinced the parents only males are affected and females are not affected and encouraged the kids to get married, quickly reproduce etc .. and on and on for 3 generations or so, praying the next generation will be free of the gene that cause the attrition

Alas, though I am not a doctor, I have done enough volunteer work to know if a person has Muscular Dystrophy, the recommendation is not to get them married or have kids, as the gene can still exist, and 90 % it will pass to the next generation

I had to talk to them, and send them a lot of reading material, and hope they stopped killing the children by passing the sickness on ..

If anybody knows what is Muscular Dystrophy, you will know how heart wrenching it can be to see the child slowly lose muscles, by atrophy


  • Similar Topics
    Replies
    Views
    Last post

Return to “Relocating, Moving to Singapore”

Who is online

Users browsing this forum: No registered users and 2 guests