About Decree Nisi Absolute and Remarrying

[jefferson_edison]

Hi everyone, First time to post here.

I got some questions below and hope someone can advice me, yes I did asked the lawyers who is settling a case for me but just that, I still wanna seek some advices and answers from the forumer here.

Ok. I met this lady 4 years ago. She's married... to make the story short and sharp. she's having problems with her marriage so she did a separation deed with her spouse. I know of a lawyer friend who is from D & N ( the one at raffle place. not to name the full company name so just the first letter ). The couple went for a separation deed by the solicator. 3 years have passed. The last day of the 3 years is at March. She proceed to apply for the divorce on the date the deeds stated. The lawyer in charged went for the proceeding. The money is paid 3 years ago. yes so the lawyer been holding to the amount.She's the one paying for the divorce.

So now it's already coming to the end of July.
1) is it too long for the lawyer to proceed with all the paper documents?
2) how long does it normally take for everything to settle down? like obtaining the D.N.A
3) She've a flat with him but the deeds agreement is the flat will be serender H.D.B
4) She've no Kids.
5) How long does she have to wait after getting the D.N.A until she can get marry?

Thanks in advice for the kind answer which will be really helpful......

 

[pasir_ris_beach]

Submitted the filing for divorce to the family courts??

Can expect at least 9 months if uncontested divorce to get the final DNA from the date of filing divorce petition to the court.

hope this can help.

 

[jefferson_edison]

9 months is alot of time.

The process was done by law firm. The filing is at march. so 9 months, at december then everything will end?

is it latest 9 months or it can be ealier?

When can she remarry after getting the DNA? wait another 6 months?

 

[pasir_ris_beach]

no choice.. everything is standardised.. i speaking from experience as it was uncontested for child custody, hdb flat, alimiony.

After 6 months, can have the decree nisi and your female friend is freed officially from the marriage. In order to get re marry, she needs to wait for another 3 more months to collect her decree nisi absolute if no objections or contest from her ex husband within 3 months. The court will grant both of them decree nisi absolute after 3 months from the date of decree nisi obtained.

U can marry her after that. no need to wait for 6 months.. i mean u can register your marriage anytime but got to show her DNA to the ROM before u can ROM officially.

 

[karvna]

Don't think you need to wait for 9 months. If the divorce is not contested by either party, it can be finalized after 3 months.

 

[jefferson_edison]

thanks karvna, the divorce is not contested. they are going to return the flat to HDB.

The proceeding started in March. Hopefully there's some good news this 2 weeks.

 

[karvna]

@Jefferson:

If they have a flat to settle, then it will take longer as the court needs to decide how to split the proceeds between them. In this case, it will probably take more than 6 months.

 

[jefferson_edison]

they are surrendering the flat back to HDB.

 

[pasir_ris_beach]

Karvna
so you got divorced in 3 months as quickly? which lawyer is so efficient?

Mine took 9 months to finalise everything excluding selling the flat in open market. And I remarried abt three weeks after obtaining my DNA.

 

[jefferson_edison]

blur so how long in total?

From march til now is already 5 months, my law firm is Drew and Napier. I find it really really slow...

 

[karvna]

@Blur

For those with no outstanding issues such as flats or alimony.

 

[pasir_ris_beach]

6 months plus 3 months for the decree nisi absolute = 9 months. (mine involve flat, child custody but not contested from the beginning. guess it is due to the family court proceeding timeframe)

Karvna, i see but Jefferson's gf case involve flat plus no kids mah.

 

[jefferson_edison]

hope they proceed faster. this garment services are seriously wasting our time, delay here and there. damn. getting real old for marriage already...

 

[pasir_ris_beach]

that is why i said everything has standard operation procedures to follow in family courts regarding divorces. from what i knew that the shortest time is 9 months to longest time = few years.

how old is your gf?

 

[jefferson_edison]

few years? that is uncontested divorce. no kids, not selling the flat but surrendering it to the garment. need years?

she's in her early 30s...

 

[kittenpie]

you already waited for so many years already, no need to kanjiong

the end is in sight

 

[jefferson_edison]

money spend, time gone. now don't know what's next.

many years.... yes many years until I also very old already. I was hoping everything end this year....

 

[pasir_ris_beach]

few years is for contested divorce.. no worry your gf's case is not contested so relax, brother.

oh that explains u r so kan cheong abt your gf and the re-marrying part.. perhaps u can start trying after she obtained her DN. dun worry 3 months will fly very quickly before u realise it.

 

[kittenpie]

jefferson, your profile says you are 34 only, is that very old?

some middle-aged/ elderly unmarried couples say that as long as there is true love and commitment, marriage is only a formality

how come you are so eager for this 'formality' of marriage

 

[jefferson_edison]

I wanna marry her,buy flats, have my own babies etc....

 

[kittenpie]

the divorce will come.

take this time to source the right flat.

cov is soaring sky high, isnt that something you should 'worry' about instead, if you want to panic about something at all?

babies... she is just in her early 30s, still have long way to go before menopause....

no worries lah ...

but you must love her like mad to be so kanjiong ...

 

[jefferson_edison]

yes i do love her alot.

COV ? to be able to go buy a flat from HDB (those remaining one who is unsold) or from the resale market, will need her to be "FREE" first and "married" to me then can go and find flat. We have chatted and decided to use up all CPF and our saving to get a flat lo. and the mean time she move to my parents' house and live lo.

no choice but that's what life have planned for me. I waited from day 1 until now. Do not know when will it end. the lawyer just tell me to wait... haizzzz...

 

[jefferson_edison]

hi forumite, the lawyer have come back with this

1. Please be informed that the Court has reverted with the hearing date for the Interim Judgment: 17 Aug 2010 at 2.30 pm.

2. As the Court has dispensed with attendance, there is no need for you to attend Court.

3. We will keep you informed of the outcome accordingly.

he also add:The final divorce cert can be extracted 3 months from the date of the interim judgment. This is applicable to every divorce case.

so the final divorce cert is the Discreet Nisi Absolute correct?

so December the whole hell is gonna end.

Now the final problem is the HDB. the flat not more then 5 years old. 4 years to be exact. so got to surrender to HDB at a loss.

Normally how much will the loss be, how many percent of the total value of the flat? any idea? the flat is 190K. if loss is 100K, how the hell to find $$$ repay HDB?

 

[simpleman]

If interim is on 17 Aug.. the final should be + 3 months.. ie 17 Nov.

 

[simpleman]

Nine months is a little long for uncontested case.. It should be around 6 months. If you want it fast probably could do it in 5 months or so.

 

[jefferson_edison]

yeah thanks simpleman.

i mean the flat surrender to HDB take 1 month. so in December. I will use up all my vitamine M i save the whole of my life to cover the loss...

I planned to propose to her on X'mas. best timing. Please help me GOD.

 

[kittenpie]

Jefferson,

why cant your wife keep the flat, remove her ex-husband's name and put your name there instead.

have you gone to HDB to find out?

 

[jefferson_edison]

she's my gf now.

the house's beside he ex-husband to be house now.

he buy the flat beside his mother flat. god damn it give her FREE she also don't want lah...

she got chased out by his mother 3 years back.....

 

[kittenpie]

oh i see. but the scenario i described is technically allowable by HDB?

 

[jefferson_edison]

there is 3 scenario

1) Surrender the flat, pay HDB to remaining loss according to each party contribution. Not sure how the proportion worked out. the loss is how much, that will only know when u got the DNA and u had to surrender the flat to HDB within 1 month. HDB will GET THE FLAT FROM U EVEN IF U ACT BLUR!

2) Sell the flat after 5 years. get waiver if never meet 5 year (low chance) . it will take time again to sell the flat to someone else. and that flat is 3 room flat, 2 bed room, 1 small living room type. where got people want to buy...

3) pass the flat to the guy so he can have the flat... think about 3-4 years ago she kana chased out of the house by his mother and their whole family go her house and ravage her peace, she will give the flat to him? Nay...? kindda kids game.

So in the end, option 1. loss money, surrender flat. start afresh.

 

[kittenpie]

jefferson,

so you have not calculated the loss yet? hope the amount doesnt knock you out of your socks ...

if the amount is hefty, shouldnt you time the divorce to end with the flat's MOP?

but understand that you guys are really very very happy with the divorce now, don't meant to be a wet blanket

 

[jefferson_edison]

nothing is planned so well so perfect de lah.

that time she signed the separation deeds so he cannot come and pester her anymore, inside the deeds got write his family and him cannot come and pester her or sent people to pester her. that only make her peace of mind.

so where got planned so well to be timed with the MOP of the flat? i only helped her that time. now i love her. ok so the money wise no choice. HDB not blood sucker correct? surrender flat to them and then got to pay loss. how much loss i don't know but HDB say only after DNA got then they will tell u how much loss. so Don't think it will be crazy amount la.

Surrender a flat to them, they can sell it out, and then u pay them money also. they double win already. and first they sell u they earn $$$ already. the flat still the flat mah. seriously hope the loss not extreme high...

 

[kittenpie]

i read somewhere that the penalty is the higher of 5% of cost or 10% of market price.

so you play around the ballpark of 10% of market price loh. if it is still worth only S$190K then be prepared to be penalised half of 10% or S$9,500 if your wife-to-be's contribution was 50%. that is not a lot of money.

 

[jefferson_edison]

yes It's all our hard earn money. I will take time to save the money back.

 

[pasir_ris_beach]

20% loss of the valued price, not COV included. the flat must be bare, as like when u first buy the bare flat from HDB.

Aiyo, maybe u can tell your gf to keep the flat till 5th year then sell in the open market.

 

[jefferson_edison]

then everything go all over again? you got to void this interim which is in 18 days time. spend another 1 year to wait, then spend another 1 year to sell (worst case, or can have even more worst then 1 year, maybe 2-3 years also no one buy) , then you got to reapply, pay another 3 K for the lawyer to procceed, another 3 months to submit, 6 months for the interim, then 3 months to get the DNA. it will be about 5 years down the road.

If we settle it now. my baby can be 3 years old liao.

If don't settle now. we won't have a baby this life time. she get too old to give birth..


20%? , blur u sure? 190K x 20% = 38K.

u sure divorce surrender flat to garment need give them 38K ? then what about those who had divorced before. which flat value more then 190K ? those with flat value 350K will have to pay 70K to the garment?

is it correct a not? your information not worng?

 

[kittenpie]

aiyo, jefferson ... your kanjiong tone is really getting quite comical ... calm down lah, you have found your dream girl who is not going to stop ovulating overnight. you and her will have baby as planned. dont worry ... i think if she knew just how crazy you are over her, she will be very touched.

anyway, can anyone who has first hand experience in selling flat within MOP come in and advise the exact quantum of the penalty levied. im interested to know too.

 

[pasir_ris_beach]

Ha ha..

jefferson u can relax... in my case, i got pregnant at that time the marriage dissolved officially in Jan(called interim judgement=DN) and before i got my final interim judgememnt=DNA) in mid may, i already registered my marriage with new husband in late april. And yes i was pregnant but so what!!!

Sorry but what i said out is thru my family member, first handed experience as she bought her HDB directly from HDB(called WIS). could not sell in open market but have to surrender back to HDB. Losses come from CPF/cash if u hv enough in CPF, then no need for cash but cos of disagreements, she gave up her share and transferred to ex. I hope my information is right as my family member is also a reader here.

if u r too scared, then dun get her pregnant then

 

[jefferson_edison]

I afraid I too old or she too old then hard for her to deliver or baby will not be healthy...

as for the money. I hope both of us our money can be enough to settle what HDB want from us.

Then we will source on how to get money for the new HDB flat.

I got only 40K remain in my CPF ordinary. due to some freaky friend from insurance agency tell me to invest the CPF into some stocks that will not loss money and now loss money and stucked down there forever. money is sure a problem for both of us.

 

[jefferson_edison]

OK the wait is over. She got the D.N.A. it's not as fast as the lawyer said but finally she've got it.

Bough a Solem Package at a country club.
Got the MP as a solemizer.


Still sourcing for photo shot / video shot / wedding dress (Rental)/ Make Up Package.

Any one got any suggestion / Tips / Reference / Ideas please advice and I'll be Grateful for it

 

[helenho]

hi jeff,
so how much you throw back for the lost after surrender flat to hdb?

 

[jefferson_edison]

not sure yet. that part she's settling.

 

[cococherry]

congratulation!!

 

[jefferson_edison]

Ok got everything ready. now just the rings.