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Division of marrital assets in divorce

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PNGMK
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Postby PNGMK » Tue, 07 Oct 2014 11:24 am

Have you considered going for an annulment? Was the marriage consummated?

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rajagainstthemachine
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Postby rajagainstthemachine » Tue, 07 Oct 2014 1:04 pm

PNGMK wrote:Have you considered going for an annulment? Was the marriage consummated?


what does that word consummated mean? is it even relevant anymore?
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Postby JR8 » Tue, 07 Oct 2014 1:36 pm

rajagainstthemachine wrote:
PNGMK wrote:Have you considered going for an annulment? Was the marriage consummated?


what does that word consummated mean? is it even relevant anymore?


Amazingly enough it can be, and was when I had a 'period of time getting familiar with US divorce laws'.

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Postby sundaymorningstaple » Tue, 07 Oct 2014 1:41 pm

dear1214 wrote:Hmmm...that's why I'm asking about the division of assets. If we have a contested divorce, there's no way he would get that much. 500K is all my savings.

zzm9980 wrote:
dear1214 wrote:I know he's interested in my money because he's asking for half a million if i want a consensual divorce.

JR8 wrote:What makes you think he's interested in your money?



Without knowing your financial situation, it may be worth it.

being very blunt and to the point:
How old are you? would it make you destitute? could you pay it and keep your current house/condo/whatever? how attractive are you? Could you reasonable get married again to someone who is financially secure (and not cheat on him this time)?

I know plenty of people who all eventually divorced that balked at the initial figure. many of them agreed it would have been worth it to just pay the other party ASAP and GTFO that to try and fight for months/years and wind up paying nearly as much anyway.


If he's got the goods on you, you might be surprised. As you are both high rollers, he may well spend the bucks to engage a top level lawyer and take you to the cleaners. Never assume anything, especially if you are the cause and not the injured party.

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Postby PNGMK » Tue, 07 Oct 2014 3:31 pm

rajagainstthemachine wrote:
PNGMK wrote:Have you considered going for an annulment? Was the marriage consummated?


what does that word consummated mean? is it even relevant anymore?


Sex in marriage (firs time) in a fashion likely to cause procreation.

Yes it's still relevant in Singapore. You can have a marriage in Singapore annulled (cancelled - as though it never occurred) for a variety of reasons of which the most commonly used is that the marriage was never consummated or that one party is withholding consummation (wilful refusal). The useful thing about this claim is that unless there is contrary evidence (i.e. children) it's very hard to 'disprove' by either the courts or the other party.

http://www.law.com.sg/singapore-divorce ... a-marriage

This little snippet caught my eye...

In England and Wales, the Marriage (Same Sex Couples) Act of 2013 specifically excludes non-consummation as a ground for the annulment of a same-sex marriage.[5] This is because there is no generally accepted legal definition of consummation for same-sex couples.

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Postby PNGMK » Sat, 11 Oct 2014 10:27 pm

OP - there's a relevant article in today's ST about your situation. The courts are not awarding massive payouts in cases like yours.

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Postby x9200 » Sun, 12 Oct 2014 9:05 am


What are the grounds for annulling a marriage?
[..] Respondent suffering from Communicable Venereal Disease prior to marriage


This one seems really weird.

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Postby PNGMK » Sun, 12 Oct 2014 10:34 am

x9200 wrote:

What are the grounds for annulling a marriage?
[..] Respondent suffering from Communicable Venereal Disease prior to marriage


This one seems really weird.


Not really, it points to fraud, which in contract law can be used as a reason for the contract being void. Marriage is, in essence, a type of contract.

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Postby ecureilx » Sun, 12 Oct 2014 10:51 am

x9200 wrote:

What are the grounds for annulling a marriage?
[..] Respondent suffering from Communicable Venereal Disease prior to marriage


This one seems really weird.


in a nearby country which doesn't have divorce, above clause has been used to annul marriages

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Postby PNGMK » Sun, 12 Oct 2014 10:53 am

ecureilx wrote:
x9200 wrote:

What are the grounds for annulling a marriage?
[..] Respondent suffering from Communicable Venereal Disease prior to marriage


This one seems really weird.


in a nearby country which doesn't have divorce, above clause has been used to annul marriages


The very catholic one?

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Postby sundaymorningstaple » Sun, 12 Oct 2014 11:13 am

Unless there happens to be a donation to the church of around 10,000 SGD or is it Pesos? Then they can find their way through the canons to find alternate meanings to the canons. (Seen it done, but can't remember the actual "donation" size) Dog says all things are possible! :lol:

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Postby ecureilx » Sun, 12 Oct 2014 1:45 pm

PNGMK wrote:
ecureilx wrote:
x9200 wrote:

What are the grounds for annulling a marriage?
[..] Respondent suffering from Communicable Venereal Disease prior to marriage


This one seems really weird.


in a nearby country which doesn't have divorce, above clause has been used to annul marriages


The very catholic one?


yep, very Catholic, and the above clause was used to annul / fast forward the process, of a law maker's sibling ... :D that's one case a read ...

of course as SMS says it is all open to interpretation :D

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Postby x9200 » Mon, 13 Oct 2014 7:43 am

PNGMK wrote:
x9200 wrote:

What are the grounds for annulling a marriage?
[..] Respondent suffering from Communicable Venereal Disease prior to marriage


This one seems really weird.


Not really, it points to fraud, which in contract law can be used as a reason for the contract being void. Marriage is, in essence, a type of contract.

I think my mistake is to expect from a legal firm precision in the statement while they just wanted to get the message to the end user. Yes, it's a contract and what they probably mean indeed is a non-disclosure of the facts critical to the marriage. STD CAN be the reason for an annulment but not necessary any STD will be such reason. Not informing about HIV - probably can, but other, curable STD with no effect (if properly treated) on fertility? Unless it is a cultural thing.


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