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In Singapore, when a couple divorces, are the assets divided equally or does it generally favor the woman?

  • In the US and Hong Kong, when a couple divorce, the assets are divided equally. Singapore has the Woman's Charter and a Google search seems to throw out plenty of grievances among divorced men on its unfairness. There were even some extreme unbelievable comments that divorced men have to pay their wives even if the wives are the ones who sleep around. In Singapore, when a couple divorce, are the assets divided equally or does it generally favor the woman due to the Woman's Charter?

  • Answer:

    This is a very interesting question. I can't give a definitive answer, but I think the wording of the Women's Charter is quite illuminating. The charter seems to switch between gender-neutral and gendered words very clearly, and so as a layman, it seems quite clear where the law is clearly biased in favor of one gender or the other. Anyway, here are a few choice excerpts with regard to maintenance or alimony: 1. Court may order maintenance of wife and children 69.—(1)  Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a District Court or a Magistrate’s Court and that Court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance. There's no mention of wives paying maintenance, so it's safe to assume that only men are liable. All circumstances are to be considered before such an order is made, but the list of circumstances that are explicitly mentioned in the charter do not include considerations of the husband's financial situation. In the case of a divorce, it is the same story: 2. Power of court to order maintenance 113.  The court may order a man to pay maintenance to his wife or former wife — (a) during the course of any matrimonial proceedings; or (b) when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage. Again, no mention of the other way round. Also, although all circumstances are to be considered, there is no explicit mention of any consideration of the manner in which the divorce occurred. Only the following are listed: 3. Assessment of maintenance 114. —(1)  In determining the amount of any maintenance to be paid by a man to his wife or former wife, the court shall have regard to all the circumstances of the case including the following matters: (a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future; (b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future; (c) the standard of living enjoyed by the family before the breakdown of the marriage; (d) the age of each party to the marriage and the duration of the marriage; (e) any physical or mental disability of either of the parties to the marriage; (f) the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family; and (g) in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring The maintenance will end only when the husband or wife dies, or when the wife remarries, with explicit use of the term 'wife'. As to the division of assets, the charter does not seem to place any requirements on the courts. This is all what I gathered as a layman, with no experience in the law. You can read the charter for yourself here: http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=79de5f46-1398-4406-93f8-47c31de8c7b7;page=0;query=DocId%3A%22f0897dd7-1f3a-45a9-b1e7-ba30fef2dbba%22%20Status%3Ainforce%20Depth%3A0;rec=0#legis

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If I understand the question correctly, in very general terms and not a legal opinion, in the USA, fault comers into play for property acquired during the marriage, prior to it goes back to the party bring it in. Property bought during the marriage is subject to division depending on the situation. The spouse that is cheating may pay a penalty but there is absolute rule. Fault can be a factor if during the marriage it occured. Equity does come into play; there is no set rule on property. Child support has a formula that is used in most states. But, nothing is automatly one or the other. Some Judges feel that cheating durning the divorse is just a symptom that the marriage has broken down and no penalty is given. But, everything is equity based.

Thomas F. Noonan

Without going into very specific details, here’s a good article regarding the whole divorce process in Singapore. http://sg-divorcelawyer.com/divorce-in-singapore/

Anonymous

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