Support group - Divorce

dottyback

New Member
sgbabydoll yes yes as in he pays for the monthly housing loan every month n i dun hav to pay for anything becoz we got our place cheap n we can finish paying off in 5yrs..which means currently probably the outstanding is minimal but we took a bank loan for the renovation so every mth he oso pays for those..i dun hav to pay a single cent
 


sgbabydoll

Active Member
Hi Serene, perhaps you have already shared earlier but this thread is really long and I just couldn't catch up on all the posts yet, having joined SB only this month
happy.gif


How long have you been married and why do you want a divorce now? Any children in the marriage? And when was the flat bought? Is he earning alot more than you, which would make sense that he picked up both housing and renovation loans?

When the flat is disposed of later, the amount plus interest that has been deducted from your CPF ordinary accounts will have to go back there before you can split the profit. The profit is usually split according to the proportion each person has paid for.

I don't think the fact that he is paying for the renovation loan will entitle him to a even bigger share of the net profit. But he can use this as proof to pay you no or a small maintenance.

Serene, do you have a plan now? I hope you are not thinking of doing nothing till the flat turns five years old next April? What then? Hope you can take some time to make plans for yourself...
 

dottyback

New Member
hi sgbabydoll no worries u didnt miss anything coz i didnt post much abt my case really

guess the only rite thing i did in this marriage was insisting not to have any kids or i would tink its more troublesome now

nope, i hav no plans n i will not do anything till he comes to me, he wanted the split n refuse to do anything, he didnt respond to my lawyer as well so..i'll wait n c wat he wans next
 

tellme

New Member
hi,
kind souls here can advise me what's the rates for divorce/separation? how shld i go abt filing for divorce/separation?
 

mint_leaf

New Member
Hi..need some help here.. if my ex had paid for the renovation, monthly PUB bills, conservancy charges, will he gain an upper hand of getting the HDB flat ? cos he wants me to withdraw my name as the co-owner and put in his mum's name instead. (His mum doesn't own a flat currently). They want me to do a transfer of ownership; meaning that only to pay back my cpf and nothing more. But prob is..I want to flat to be sold or to sell my shares to him; otherwise I won't be able to get a single cent. All these while, I had not been paying any cash to contribution of the flat. Will I lose this case ? Reason being, I am the one paying for the kids insurance,education, enrichment classes,childcare,pocket $, transport etc (Actually it's already much much more than his $100++ utilities)On top of that, he don't contribute to what I am paying most of the time.

wonder if I am able to use this to fight for my share of the flat ? (or it's 2 separate issues that the court will not consider?) If I withdraw, I'll be penniless and prob homeless with my kids. If I sell, at least I might be able to get a lil cash to buy a small resale flat with them. Both of us service the mortgage loan equally with our cpf..
 

prettycure

New Member
Hi Mint Leaf
You can sell your share to him base on market price (It's higher then evalution price). By transferring you will gain nothing as you still have to support your children. If you can talk sense into him, consult your lawyer and ask your lawyer to talk to him.
 

mint_leaf

New Member
Hi Nikisan, this is precisely what I hope too..But he had gotten himself a lawyer and is prepared to contest the divorce and fight with me till the end..Haiz..so low morale now cos really worried that i'll be at the losing end.
 

prettycure

New Member
Hi mint leaf
but on wat grounds r u guys filling divorce on? Have you got a lawyer to defend yourself? If u dont have a lawyer then mayb find a property agent to get the facts right so that you will hv a firm ground in winning.
 

sgbabydoll

Active Member
Hi Mint Leaf, can I know more details on the flat please? You said you did not make any cash contribution to the flat but it shouldn't matter because you have been making monthly contributions from your CPF account, right? Your husband, as far as I see, does not have an upper hand on the flat issue even though he has been taking care of the renovation loan, utilities and conservancy fees. These are not contributions to the asset - the flat. On the other hand, don't forget that you have been taking care another set of living expenditure like you mentioned.

Are you petitioning for separation or divorce (on what ground?)? Or is he now the petitioner and you, the respondent? Have you engaged a lawyer already?
 

simpleman

Active Member
mint leaf,

Firstly you need to get a rough valuation of your flat and then compare to your purchase price (and also the outstanding loan and the amount withdrawn from CPF + interest). This should roughly tell you something.

If you are going to be homeless with the kids, I don't suggest that you have to transfer to him. If he wants to you to transfer to him without paying you a cent, why don't you tell him to transfer the whole flat to you without also paying a cent.

If there is no agreement then the best is to wait for the court to decide. Since you will be having the kids, it may favour you to keep the flat instead to preserve the family unit.
 

mint_leaf

New Member
Hi..

The thing is that I hope to seel of the flat (I don't want to keep the flat)cos I would prefer to get cash (if possible) to buy a resale flat next to my parents in future.

I had been contributing to the loan of the HDB flat (via my cpf and his)monthly. He paid for the renovation (no loan) and monthly utilities by cash. I had not paid a single cent (cash) since the key collection till now (~4 yrs+)

I cant do any valuation now, since that the court have not pass down any order and that he had changed the lock to the flat (so that me and the kids cant go in)Already lodge a few police report and although he had been told by them that he have no right to locked up the place since I am also the owner but he ignore the advices. Anyway, I have no intention to go back also, since I already got most of our belongings back to my parents place)

I am filing the divorce on grounds of unreasonable behaviour (cos I have no concrete proof that he is haing an affair)

Sigh..just wondering, for cases like this (where he is going to contest the divorce on custody and flat); roughly how long it will take ? I really can't wait for the entire thing to be over..now stuck here and cant move on. Really having major probs with the kids expenses and lawyers fees alone.
sad.gif
 

sgbabydoll

Active Member
Hi Mint Leaf, one thing at a time OK. Just concentrate on the divorce first and worry about getting a resale flat later. But know that you don't have to agree to sell him or his family member your share of the flat at a rate he determines because he has no claim on more than his portion of the contribution. Also, the valuation report is valid for three months only. So, there is no point in ordering one when you are not ready to market the flat yet. As for him locking you out from the flat, you know he has no right to. You should include this in your divorce petition as a form of his unreasonable behaviour.
 

hurt2x

New Member
My friend's case => She is married less than 2 years with a kid, and have a year old HDB flat. She wants a quick divorce with her hubby. Is there any way?
 

sgbabydoll

Active Member
In the Singapore context, "the institution of marriage is a sacred one and parties should treat it with respect once they have committed themselves to each other in marriage". It seems that three years is deemed a reasonable timeframe of commitment. There are exceptions of course, but the petitioner must be able to prove that he or she is suffering exceptional hardship, for example, spousal abuse.
 

hurt2x

New Member
Her hubby is not taking care the family. He thinks my friend earns gd $$ for herself and their son. Every time my friend asks from him, he will say " You have mah " and then walked away.
 

hurt2x

New Member
For her case, she can file on unreasonable behavior, rite? She dun have to wait for 3 years even though her ROM is less than 2 years.
 

sgbabydoll

Active Member
Then your friend has no case for exceptional hardship. It's not so easy to prove one although there is provision in the law. Suggest that she goes by the normal way - File for separation immediately or wait one more year and file for divorce directly.
 

adriantan

New Member
I was surfing the net on advice on divorce and came across this. It is really a relief when you realized that you are not alone.

My wife and I are going to hit 3 years of marriage by Mar 2008. Things had been going well until recently she has been coming home late every single night. Sometime she doesn't even bother to inform me and made me so worried for her.

Confrontations after confrontations didn't seemed to work. She still rank "play" over me and our relationship. *damn sad*

Moving on. We have a resale HDB that is only 6 months old. I read on HDB that we gotta wait 5 years or sell at a loss. I know clinging on because of a flat is stupid but I also wouldn't wanna ruin my life financially by making a wrong, unnecessary move. I read somewhere that one can sell after 2.5 years. is that true?

Worse thing is my wife insist she don't want a divorce. Haiz. I seriously dunno what is going on in her head. She don't wanna behave like a married women and neither she wants a divorce. She just wants the best of both worlds. End up who doesn't either end? Me.
 

dogtag73

Active Member
Adrian, dont give up. I am on the same boat as you. Now reading over my writ of divorce paper again n again....pm me if u need some listening ears. meanwhile just hang on there.
 

adriantan

New Member
Thanks dogtag73

I think it's fine to respond publicly. Will be a good reference for future unfortunate parties like myself.

Right now I just hope everything can be over asap. Living like two strangers under one roof is horrible. And my mum doesn't know yet so that's another killer.

Much as I despise her for what she did, I am still giving her time to repent. But based on what I've read so far, mine should be a record first if it does happen.

I have set a reminder on my PDA on 31st Dec. Should I not detect the slightest hint of remorse by then, I will be getting my lawyer to proceed with the DOS.
 

sgbabydoll

Active Member
Hi Adrian, I am sorry to learn of your plight.

To answer your query on the flat, resale flats can only be offered on the open market after 2.5 years of ownership.

Did you tell your wife about your ultimanum? Please let her know if you have the slightest hope that she will wake up and repent.
 

remarry

New Member
I dun think you will 'sell' at a loss. I think you will have to 'sell' back to HDB at the market rate/original price. You will lose the interest charges of your loan + whatever cash you pay upfront to the previous owner and plus the 'above valuation' cash value.
 

hecklife

New Member
When the court orders to pay for my ex's right of share , would the court order to sell at market px, or lower? on what grounds?
 

adriantan

New Member
thanks for everyone's concern.

I had wanted to speak with her today but she left the house just when i was waking up.

anyway i met with a lawyer fren of mine who was very helpful and advised me not to go thru DOS as it is a waste of money. And after reading through the doctrine on family law, I decided to file for divorce once 3 years is up on 11th March 2008 citing unreasonable behavior. According to Singapore law, family neglect, keeping late nights and quarrel when quiz about whereabouts constitute unreasonable behavior.

She can contest then we just gotta make the whole thing ugly and expensive. House I don't care liao. I can't fathom staying like these for the next 3 years.

I rather live poor and happy than rich and miserable.
 

adriantan

New Member
To hurt2x:

the proper phrase is" quarrel often when asked about his/her whereabouts". This is according to a family law notebook my friend passed to me.
 

ms_gerberas

New Member
Hi Adrian,

Any idea if there's any website on this family law notebook that your friend passed to you?

My husband has filed for divorce under unreasonable behaviour, so I want to know more about what constitutes to "unreasonable behaviour"?
 

ms_gerberas

New Member
Hi Green,

I think he is the kind that let his mind rules over his heart. Taking our past 7.5 years like nothing has happened and now treats me just like any of his friends. Our house is less that 5 years and will be selling back to HDB. He is prepared to rent a room after things are settled. My friends figured that he wanted a immediate divorce coz he's not getting younger and it would be a faster way out for him. A few days ago, I went to pick my stuffs and he still called me by my pet name. Next time, I am going to tell him stop calling me that. He's no longer fit to call me that.
 

sgbabydoll

Active Member
Just to clarify on Angela's post on 23 December. HDB would allow you to hang on to the flat if it is not ready to be released in the open market by the time the divorce is finalised. These days HDB rarely take back flats as it involves administrative and marketing costs for them. By the way, even if you get to return (not sell) the flat to HDB, it will not be at open market value nor even the original price.

My advice would be to hang on to the flat until it is ready to be sold in the open market. This way you would be able to pocket a little profit as well.
 

ms_gerberas

New Member
Hi Dolly,

It will be another 15months before we can sell our flat in the open market. If the divorce is amicable, it will take around 6months?
Actually, i told him to continue to stay in our flat till we can sell. But he said he doesnt want to stay any longer.
 

sgbabydoll

Active Member
Hi Gerberas

My friend held on to his brand new flat for more than two years after the divorce was finalised, before he sold it in the open market this year. He took home a small profit.

For your case, any chance of staying put there yourself? You can rent out one or two bedrooms actually.

An amicable divorce could take less than three months to finalise, like mine did. Actually, my divorce wasn't so amicable. I was the petitioner and kept him informed of every step of it, so there wasn't too big a shock for him to take.

Are you dead set on divorce? If you are not ready, you don't have to agree. However, you can't stop him from initiating a separation.
 

ms_gerberas

New Member
Hi Dolly,

I really can't see myself staying put. I've already moved back to my parents' place. Seeing him and all those stuffs brought too much painful memories for me to bear. I cried everytime/day while I was there.

He is not initiaiting a separation, he has filed for divorce under unreasonable behaviour.
To tell you the truth, I am scared once the new year (01/01/08) is over. It means the divorce papers will serve to me very soon. On the other hand, I'm thinking that if he doesnt love me anymore, why cling on?
 

sgbabydoll

Active Member
Hi Gerberas,

I can understand how you feel about the home which is once your lovenest. I left the ex-husband more than a year ago and till now, I could hardly bring myself back to our flat. But I will have to drag myself back soon in order to move the remaining stuff out, as we have just sold the flat. Maybe you can rent the bedrooms out. To return the HDB flat to HDB will surely incur a loss. I understand that HDB will take back the flat at 95% of the price you got it for. This, together with the loan interest and accrued interest for the loan amount from your CPF account, would be a loss to you both. It's no joke.

I know your husband will be filing for divorce on unreasonable behaviour on your part, but if you do not accept responsibility of his claim and not sign your agreement on the divorce paper, there is nothing much he can do too unless he could prove exceptional hardship he has suffered in the marriage, for example, domestic violence, etc.
 

ms_gerberas

New Member
Hi Dolly,

It's really no joke. I guess he doesnt know abt this. Need to discuss with him.

I was really angry when he filed under unreasonable behaviour. I asked him what reasons he's going to give, he said he havent think of them. And told me I won't get to know what reasons he gave. How can this be possible? If i were to sign the papers, i have the rights to know what reasons he gave.

Domestic violence? I did not do anything on him. I was pushed and slapped by him before, but I never thought of leaving him.
 

sgbabydoll

Active Member
Gerberas, could it be because he's not so determined in getting a divorce?

Oh dear, he has actually used violence on you before? Under what circumstances did he push and slap you? How many times has this happened?

Hey, dear, you didn't divulge this in your thread...well, you may wish to take this time on your own to consider very carefully if he is a man whom you want and can spend the rest of your life with...For me, I will not tolerate the use of violence no matter what.
 

ms_gerberas

New Member
Hi Dolly,

He's very determined lor. His lawyer is on leave now and will be back on 2nd Jan. So he has the time to think on what reasons he's going to cite.

He slapped me once when we quarrelled and pushed me another time. I guess he did it bcoz he could not control, how should i say, my emotions outburst? I mean when you're very upset, you tend to act very differenty...crying hysterically, act stubborn, etc. I couldnt really blame him for his actions.

Well, before i am married, i told myself i will not tolerate violence and a man should never lay his hand on his wife. But look at now where I'm getting to....He is a man whom i can spend the rest of my life with but i guess i need to give in to him alot. It is something that he thinks i couldnt do.
 

sgbabydoll

Active Member
Then you prove him wrong, that you can be the understanding wife that he wants. Some men are like that...But you have to find out for yourself if it's worth your effort or not. No one has the answer for you...
 

ms_gerberas

New Member
i want to prove him wrong but he doesnt want to give me this chance. that is why i am very sad and he choose to give up just like that.
 

ms_gerberas

New Member
That is my main concern whether to agree to quick divorce. I have been pondering over and over again. I can give him all the space he needs but somehow or rather, I cant help but to feel that he's "forcing" me to agree. *headache*

Let's see what unreasonable behaviour he's going to cite.
 

adriantan

New Member
Hi Ms Gerberas

Sorry for the late reply. There isn't a website to that as the notebook my friend gave me is actually something his school provided to him when he was taking the module on Family Law. If you wish to, I could pass it to you for your reference.

I also share the HDB issue with you. Thinking of checking with them to understand the best course of action. I still have 4.5(!!) years to go before it turns 5 years old. Don't know how much leeway they gives under such situation
 

sgbabydoll

Active Member
Adrian, is yours a resale flat? If yes, you don't need to wait out for another 4.5 years but 2 years only since you have been living there for 6 months now. The minimum length of ownership for a resale flat is only 2.5 years or 30 months.
 


dogtag73

Active Member
If i were to push, slap or hit my wife...whether is intentionally or not. I am dead...confirmed kana big time from her...

i remembered once i accidentally "punched" her when we were sleeping...i was too stressed and actually having a nitemare of being chased at...so i struggled and retaliated in my dream...but sub-consciously my hand is flinging around and accidentally hit her right eye...i was like "shit......"


Of cos she woke up and started howling vulgarities at me (u dun wanna to know what she use...) then keep slapping, pinching and pushing me to wake me up and i kk fake asleep but in fact very painful...

Next morning she kpkb at me about that accident, i apologised to her and tell her i really dunno what happened...somemore she still show me her blue black right eye. So i strongly believe man cannot use violence towards their wivies even though they are FIERCER in our daily life...but inside my heart i was quite SONG AR~!~!~! revenge!
 

Top