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Royally played out
- Thread starter 13yee
- Start date
Dear 13_yee,
Lyn and Doll are right. As long as you are not contesting the divorce, all you need to do is to sign on the documents. No need to appear in court nor engage a lawyer. If he is adamant and want to get his own lawyer, then let him do it. If I did not remember wrongly, you may then apply for a copy of the interim judgement of your divorce after 3 months.
Lyn and Doll are right. As long as you are not contesting the divorce, all you need to do is to sign on the documents. No need to appear in court nor engage a lawyer. If he is adamant and want to get his own lawyer, then let him do it. If I did not remember wrongly, you may then apply for a copy of the interim judgement of your divorce after 3 months.
sgbabydoll
Active Member
My understanding is that 13_yee and her husband would not be able to obtain a divorce immediately as their marriage is under three years. They either separate first or annul the marriage now. If I am not wrong, the plaintiff has to appear in court even for annulment.
A few points to clarify...
1) Annulment has to be done within 1 year of marriage. Both parties must also agree that they have not consummate the marriage.
2) As long as you are a plaintiff, you have to appear in court. Hence in my earlier post, I wrote that 13_yee should let her husband get the lawyer and apply for divorce on behalf of both of them. In that case, 13_yee is the defendant and she do not need to appear in court under uncontested circumstances.
3) According to the Women's Charter, a married couple can file for divorce based on the grounds of "irretrievable breakdown of marriage". In this case, there is no need for the 3-year separation.
1) Annulment has to be done within 1 year of marriage. Both parties must also agree that they have not consummate the marriage.
2) As long as you are a plaintiff, you have to appear in court. Hence in my earlier post, I wrote that 13_yee should let her husband get the lawyer and apply for divorce on behalf of both of them. In that case, 13_yee is the defendant and she do not need to appear in court under uncontested circumstances.
3) According to the Women's Charter, a married couple can file for divorce based on the grounds of "irretrievable breakdown of marriage". In this case, there is no need for the 3-year separation.
sgbabydoll
Active Member
Vane
I know that the plaintiff for a divorce must appear in court but I can't be 100% sure that the plaintiff for an annulment needs to do likewise. Do you know?
While the only ground necessary to file for divorce is that the marriage has irretrievably broken down, but you have to show what has led to the breakdown of the marriage by attributing to one of these five situations:
- Infidelity;
- Desertion;
- Separation for three years;
- Separation for four years; or
- Unreasonable behaviour
I know that the plaintiff for a divorce must appear in court but I can't be 100% sure that the plaintiff for an annulment needs to do likewise. Do you know?
While the only ground necessary to file for divorce is that the marriage has irretrievably broken down, but you have to show what has led to the breakdown of the marriage by attributing to one of these five situations:
- Infidelity;
- Desertion;
- Separation for three years;
- Separation for four years; or
- Unreasonable behaviour
sgbabydoll
Active Member
Vane, I am confused by you...never mind, I am sure 13_yee will receive proper legal advice from her lawyer.
sgbabydoll
Active Member
Got it now, Vane. You had indeed typed too fast lol
Yah I probably have to do that but one problem, he is overseas and probably will try to 'escape' again.
And does anyone know how long it would take for the process of the annulment? I would have to hurry up before it takes months, I only have 5 months left before I'm no longer eligible.And since I can still do it early, I want an annulment not divorce. Plus an annulment means he does not need to compensate me for all the lost income/opportunity cost during the time I was under slavery right?
And does anyone know how long it would take for the process of the annulment? I would have to hurry up before it takes months, I only have 5 months left before I'm no longer eligible.And since I can still do it early, I want an annulment not divorce. Plus an annulment means he does not need to compensate me for all the lost income/opportunity cost during the time I was under slavery right?
sgbabydoll
Active Member
13_yee, don't fret. Vane has pointed out that "it is possible to obtain a nullity decree anytime throughout the marriage as long as it is not consummate". She read this from a legal journal. If you have decided to initiate the proceedings, then look for a lawyer now for advice and to do the paperwork. Keep him informed of this as well as there is no benefit in surprising him.
13_yee,
Don't worry so much. I will read up the Women's Charter, to see if there are other ways out. Meanwhile, when you are free, drop by the Legal Aid Bureau @ 45 Maxwell Rd #08-12, The URA Centre, East Wing, Singapore 069118 between Mondays to Fridays 8.30am to 12.30pm/2.00pm to 5.00pm Saturdays 8.30am to 12.30pm.
For your info, the services of the Legal Aid Bureau are for poor Singapore Citizens and Permanent Residents who are in Singapore and come within the ambit of the scheme and meet the requirements of financial Means Test.
Briefly, to qualify for legal aid,
(a) you have to be a Singapore Citizen or a Singapore Permanent Resident and is present in Singapore;
(b) you have to satisfy the Means Test. Your disposable income, that is, your income for the past 12 months before the date of application for legal aid and after deducting prescribed allowances, must not exceed $10,000/-, and your disposable capital must not exceed $10,000/-; and
(c) there must be merits in your case. (The Merits Test)
I went to the Legal Aid Bureau with my friend and they processed his application for separation quite fast. Be strong and let us know if you do need any help.
Don't worry so much. I will read up the Women's Charter, to see if there are other ways out. Meanwhile, when you are free, drop by the Legal Aid Bureau @ 45 Maxwell Rd #08-12, The URA Centre, East Wing, Singapore 069118 between Mondays to Fridays 8.30am to 12.30pm/2.00pm to 5.00pm Saturdays 8.30am to 12.30pm.
For your info, the services of the Legal Aid Bureau are for poor Singapore Citizens and Permanent Residents who are in Singapore and come within the ambit of the scheme and meet the requirements of financial Means Test.
Briefly, to qualify for legal aid,
(a) you have to be a Singapore Citizen or a Singapore Permanent Resident and is present in Singapore;
(b) you have to satisfy the Means Test. Your disposable income, that is, your income for the past 12 months before the date of application for legal aid and after deducting prescribed allowances, must not exceed $10,000/-, and your disposable capital must not exceed $10,000/-; and
(c) there must be merits in your case. (The Merits Test)
I went to the Legal Aid Bureau with my friend and they processed his application for separation quite fast. Be strong and let us know if you do need any help.
Ok. So if I were the first to file the annulment, am I the plaintiff or defendant. We have not discussed this because the last time we spoke, he was not objective and just said he'll get his lawyer to settle. Till date, nothing at all. Even though I can prove that I have not been in the work force for at least 2 years, close to 3, my dad has been inputting 'income' just to raise my CPF in my account, so am I still eligible for the lack of income?
13_yee,
If you are the first to file for annulment of your marriage, then you are the plaintiff and he will be the defendant. Since he had been putting off things and not done anything so far, you have to decide if you want to take the first step to get things worked out. The endless wait and uncertainty is not going to do you any good as well. Think about this.
With regards to the income issue, you may produce your tax documents as supporting evidence to prove that you have not worked for the past 3 years. My friend works in the IRAS. I can get this verified before reverting.
If you are the first to file for annulment of your marriage, then you are the plaintiff and he will be the defendant. Since he had been putting off things and not done anything so far, you have to decide if you want to take the first step to get things worked out. The endless wait and uncertainty is not going to do you any good as well. Think about this.
With regards to the income issue, you may produce your tax documents as supporting evidence to prove that you have not worked for the past 3 years. My friend works in the IRAS. I can get this verified before reverting.
i see.. ok. i did let him know last week that since he initiated it, he will get the process done... till date, no reply. I already paid off the hotel 9K, cannot really afford lawyer, and if i do not qualify for legal aid, seriously no idea what to do. yes i'll definitely want an annulment, but if a divorce can be done with immediate effect, that would be good too... non consummation... very hard right, coz i did stay with him in korea for a year in total
13_yee,
Remember to keep documents of whatever that you have paid off on behalf of both of you. Call up Legal Aid Bureau and find out if you are eligible for their help. At least cross one hurdle. If you are unable to prove that the marriage is not consummated, then it is not possible to file for annulment then.
Remember to keep documents of whatever that you have paid off on behalf of both of you. Call up Legal Aid Bureau and find out if you are eligible for their help. At least cross one hurdle. If you are unable to prove that the marriage is not consummated, then it is not possible to file for annulment then.
sgbabydoll
Active Member
13_yee, it's important to be realistic...it has only been one week since you told him to get the ball rolling. Since he's overseas now, be prepared that the process will be slower than if he were in Singapore with ready access to the lawyer. For myself, from the day I first consulted my lawyer to the day the papers were prepared and filed, it took almost a month for my lawyer and I to work out what to put on the papers. The progress depends very much on how the client and lawyer work together to get the papers out. You can always check with him next week if he's started on anything and see if you need to act on it yourself instead.
13_yee,
Yes, Doll is right. Things tend to drag even when both parties are in Singapore, not to mention that he is currently overseas now.
At the present moment, what you can do is to be very sure about what you want. Once you are clear of your directions, when he gets back to you regarding the settlement, you can get down to things right away. If he gets his lawyer to handle the case and presents you with the papers, you will only have 1 week to decide if you want to contest against the divorce.
Yes, Doll is right. Things tend to drag even when both parties are in Singapore, not to mention that he is currently overseas now.
At the present moment, what you can do is to be very sure about what you want. Once you are clear of your directions, when he gets back to you regarding the settlement, you can get down to things right away. If he gets his lawyer to handle the case and presents you with the papers, you will only have 1 week to decide if you want to contest against the divorce.
I don't think he has done anything about the matter. I asked one friend who is studying law, she isn;t all too sure but told me to go to family court. And they will send him, whereever he is, the letter the lawyer has issued. I don't exactly have the 'rights' to the decision because he was the one who suddenly said he wants it to be over, so i'm just working on it.
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