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division of matrimonial assets

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Divorce is a difficult decision. We understand the emotional situation you are in. At Emerald Law, our lawyers who specialise in Divorce will advise you on the divorce procedure in the Courts of Singapore, your legal rights and obligations and the issues surrounding the division of your matrimonial assets.

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If your divorce is an uncontested divorce, parties can decide how assets are divided amongst themselves and if they are agreeable the Courts will make an Order accordingly. 

If parties are unable to come to an agreement, the Courts will look into the following facts in making a decision:

  • The direct financial contribution of each party.
    For example how much money is contributed towards the house, mortgage, various loans etc.
  • The indirect financial contribution of each party.
    For example, how much money was contributed to the other spouse, monies paid towards insurance, monies paid for the children of the marriage.
  • The indirect contribution of each party.
    For example, how much effort was spent by each party cooking and cleaning the house, the effort spent maintaining the household and other non-financial work and effort each party had done for the family.

With our wealth of experience, we help you navigate through the divorce process in the smoothest manner and with a goal of preserving your interest as best as possible.

With a Lawyer, you will be able to get advice on whether a proposal is reasonable and whether it is worth fighting an issue till trial. This allows you to evaluate the situation and potentially save money in the long run. Also, by having a lawyer, you will not fall foul of any procedural requirements which will undoubtedly delay the entire process.

Yes, CPF monies that were accumulated during the marriage or used to pay towards your matrimonial home is considered matrimonial assets and may be subjected to division.

Generally, all assets acquired by either party during the marriage will be considered matrimonial assets for the division. Section 112(10) of the Women’s Charter provides the definition for matrimonial assets.

Example of Matrimonial Assets

  • Matrimonial Home
  • Family Car
  • Joint bank account
  • Investment Properties 
  • Investments
  • Insurance with surrender value

Example of Non-Matrimonial Assets:

  • Gifts
  • Inheritance

*If an assets was used for the family during the course of the marriage, it can be considered a matrimonial asset, for example if someone inherits a house and if that house was used as a holiday home or if the rental income was used to support the family, that inherited property becomes a matrimonial asset.

The Court will derive a percentage for division taking into account parties’ direct and indirect contributions during the marriage. The factors which the Court considers are listed in section 112(2) of the Women’s Charter.

No. Each case will be looked upon its own facts, and the Court shall apply the non-exhaustive list of factors listed in section 112(2) of the Women’s Charter.

No. The Courts recognize the differing nature of contributions during the marriage. Generally, the Court will derive a ratio for parties’ direct and indirect contribution and averaging out the two ratios. The Court also has the discretion to adjust the ratios to achieve a just and fair distribution.

The Court will likely ascribe a larger ratio for your indirect contributions when dividing the assets.

Yes. The number of children and length of marriage are also factors that the Court considers when dividing assets.

If you neglect or refuse to disclose some of your assets, the Court may draw an adverse inference against you. Thereafter, the Court may award you spouse a larger share of the matrimonial assets.

If you have not met the Minimum Occupation Period (MOP) of 5 years, the HDB flat would have to be returned to HDB.

 

If the MOP is met, parties can decide how to divide the proceeds. If the Court orders that the HDB be sold, the CPF monies utilised and the accrued interest is returned parties’ respective CPF accounts, the remaining monies after deducting the conveyancing fees are divided between the parties in a percentage decided by the Court according to contributions to the marriage. 

 

HDB rules do not apply to private property and the orders may be more flexible.

The exact percentage (%) varies from case to case and it is best to consult a lawyer to advise you on the probable outcome.

If there is no agreement between the parties and if the decision is left to a Judge, the Courts will look into the following facts in making a decision:

  • The direct financial contribution of each party.
    For example how much money is contributed towards the house, mortgage, various loans etc.
  • The indirect financial contribution of each party.
    For example, how much money was contributed to the other spouse, monies paid towards insurance, monies paid for the children of the marriage.
  • The indirect contribution of each party.
    For example, how much effort was spent by each party cooking and cleaning the house, the effort spent maintaining the household and other non-financial work and effort each party had done for the family.

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Each and every lawyer assigned to your case is someone who has handled many similar cases before. They each bring a specialised element to your matter ensuring that your case is handled with the utmost care.

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We provide service with such dedication that we can even arrange to meet you outside of our normal office hours.

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

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