Divource Based on What Grounds?

alfalfa

New Member
i hope someone can help me out here. my bro-in-law had an affair an am now asking for my sis to stay with us and to file for separation. they have 2 children aged 2 and 6 mths.

may i know whether they'll be a difference if the divorce is based on separation or him having an affair? will it affect the child support/wife's maintenance he is supposed to give?

pls help, thanks in advance!!
 


oh yah, one more thing, must my sis produce evidence that he has cheated? she saw msg on his hp and he has confirmed and the whole family knows about it too.
 
if i am not wrong, divorce on separation must wait for 3 yrs for consensual separation an 4 yrs for non consensual, divorce on unreasonable behavior (based on affair).

Question is? Do yr sis want to end it immediately but nevertheless since there is Children involve, please do get LAwyer or LEgal Aid advise asap.
 
sprouts, is it your brother in laws as your sister to moved out?

the different between divorce based on separation and divorce based on having affair is the time factors. Like what mark has say 3 yrs for consensual separation an 4 yrs for non consensual and divorce based on adultery is immediate.

From my knowledge, msg on handphone alone is not enough evidence to file for divorce.
 
my bro-in-law asked my sis to move back home and file for separation.

so if she engage a PI and can prove that he is having an affair, it can be immediate right? n she can ask for alimony??? is the latter affected by grounds of divorce?
 
Go marriage counselling first., if marriage can be salvage then save it. well if not, just go to the law firm no need to waste $ in PI.
 
sprouts, you might want to read this from http://www.divorce.com.sg/page2.html

one of the five reasons which have caused the irretrievable breakdown of the marriage stated in section 95(3) (a ) to (e) of the Woman's Charter has to be satisfied. The most commonly used reason is unreasonable behaviour, which encompass behaviour such as violence, gambling, intimate association with third parties, insufficient payment of maintenance, the use of vulgarities or abusive language, or even reluctance to engage in sexual intercourse without valid reason. For adultery, the burden of proof appears to be higher, and invariably requires a private investigator's report, even if the hearing is uncontested. The other reasons are desertion and separation.

if you want more information. PM me
 
hi there sony,

thnaks for ur help but ur PM is not turned on...

the reason why i am asking for all these first coz the guy seems cunning and my sis is that kind that won't want to kick up a big hoo ha. so i wanted to find out more and guide her if she decides to proceed with divorce.

he planned for this i supposed coz he used to work for his family then he went to work for someone else recently so his family cannot control his income or give some money to his children's daily upkeep like diaper, milk powder etc. he doesn't contribute to these items anymore.

can tell u more when i pm u and need to find out some details too.

TIA!
 
Separation start date can be backdated but provided that both are agreeable. In your sister's case, since the youngest child is only six months old, she could at most backdate it to 15 months ago and that would be quite a stretch. Besides, it won't look like her husband would agree to that. Therefore, it would be best for her to be patient and wait out that three to four years for a proper separation to take place.

If she wants to quicken her divorce proceedings a little, she can consider citing unreasonable behaviour. But be prepared for some resistance from him and it may drag for some months and incur further legal costs.

As for adultery, the burden of proof is much higher as pointed out by others, which is why it is not even cited as the reason for some divorce cases even though in reality they could be so. In the absence of direct proofs, suggestive SMS messages, email or photos are circumstantial evidences that have to be accompanied by confession from the spouse and his/her co-witness (third party) be named (may be called to the witness stand). It is financially costly to prove adultery and at the end of the day, you get what others get, which is still a piece of divorce certificate.

So, as you could see, there are pros and cons in whatever ground the divorce application is based on. There are no winners in divorce but there need not be losers either.

Your sister wants a divorce, not an ugly divorce. Hope you could guide her along well.
 

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