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Divorce Advice

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ZWL
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Divorce Advice

Postby ZWL » Thu, 14 Sep 2006 2:34 pm

Basically my relationship with my husband has been badly broken since a few years ago. I am Singaporean and he is taiwanese. We married in 2002, but since after the first year of marriage we started to live separately in two different countries and we haven't lived as husband and
wife since then. We don't have any children.

My husband doesn't agree to sign the deep of separation. So I have to consider petitioning for a divorce for his unreasonable behaviors which is not willing to live with wife. However, I know he will contest for himself by not accepting the term of unreasonable behaviors. He doesn't agree with the declared amount of my assets and basically asking for an unreasonable amount of $ which obviously I don't have the capability to provide (I have my own business and make more money than he does).

If it is the case, i am wondering whether I can still get divorce without his consent, and what is the maximum period of time to achieve it.

Millions of thanks!

Carol

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marj_kee
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Postby marj_kee » Thu, 14 Sep 2006 4:10 pm

Best to discuss with a lawyer ...

hillview2006
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Postby hillview2006 » Thu, 14 Sep 2006 4:38 pm

[quote]If it is the case, i am wondering whether I can still get divorce without his consent, and what is the maximum period of time to achieve it.


to answer your main question. Sorry you cant.

This is legal matter. Probably people may share their experience but not giving advise. You have made the right move there already that is to file him a divorce petition.
If you are really serious about this my friend is a very experience lawyer (divorce) in Singapore. I don’t mind to give her’s contact to you.

Gook Luck!

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ksl
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Re: Divorce Advice

Postby ksl » Thu, 14 Sep 2006 6:04 pm

ZWL wrote:Basically my relationship with my husband has been badly broken since a few years ago. I am Singaporean and he is taiwanese. We married in 2002, but since after the first year of marriage we started to live separately in two different countries and we haven't lived as husband and
wife since then. We don't have any children.

My husband doesn't agree to sign the deep of separation. So I have to consider petitioning for a divorce for his unreasonable behaviors which is not willing to live with wife. However, I know he will contest for himself by not accepting the term of unreasonable behaviors. He doesn't agree with the declared amount of my assets and basically asking for an unreasonable amount of $ which obviously I don't have the capability to provide (I have my own business and make more money than he does).

If it is the case, i am wondering whether I can still get divorce without his consent, and what is the maximum period of time to achieve it.

Millions of thanks!

Carol


I shouldn't worry to much, It is my opinion that because you haven't lived with your husband, and can document these facts, he is not entitled to your assets, unless he had PR/DP status in Singapore, for any length of time.

Countries normally classify one as single for income and taxation, if living in different countries, even if there is a marriage certificate. He may have a small claim for the period when he lived under the same roof for a limited time! however unless he had PR or DP would be a small factor for him.

I think any judge, would see that the guy was being small minded and out to get your assets, that you had before you married. A good lawyer should be able to win you this case, hands down, Unless the guy has contributed to your assets in anyway, he can document.

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Wind In My Hair
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Postby Wind In My Hair » Thu, 14 Sep 2006 11:05 pm

Hey ZWL,

Sorry to hear about your failed marriage. Hope you're over the emotional aspect but if you need to vent this forum may be useful.

What I know of Singapore law is that a divorce can be obtained even if the other party does not agree as long as you have been separated for 4 years. Living in a separate address or even separate rooms at the same address counts as a legal separation. So in your case living in two separate countries makes it a no brainer.

If the assets are in your name and he didn't give up his job or career to support you in your business, nor contribute financially to accumulating those assets, there shouldn't be an issue. Singapore law is very unlike US law in that even if a woman gave up her career for the sake of the marriage, she is unlikely to be awarded very much in court if she didn't contribute financially to the assets. So the law should favour a man even less, I would think, especially one who wasn't even in the country.

Anyway, like the rest advised, get a good lawyer. It sounds like you have a strong case but the last place to get legal advice is a public forum full of lay people!

hillview2006
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Postby hillview2006 » Fri, 15 Sep 2006 5:33 pm

Has the divorce law in Singapore had changed recently? i knew a friend wife in Malaysia(malaysian) and husband live in Singapore (Singaporean) had been living separately for 5 years. They still need mutually agreed to dissolve their marriage. Unless if both mutually agreed to sign the deed of separation on that day they separated.

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Wind In My Hair
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Postby Wind In My Hair » Fri, 15 Sep 2006 5:49 pm

Last time I spoke to a divorce lawyer, about half a year ago now, I was told it's 3 years' separation if mutual, and 4 years if not. Proof of having separate addresses obviously helps.

hillview2006
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Postby hillview2006 » Fri, 15 Sep 2006 5:57 pm

Alright maybe is like that in this case :D

have good weekend :wink:


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