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Old 28-07-2005, 11:42 AM
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Re: All you need to know about "Marriage/Divorce" under the SG Law

How will the court decide how to divide the matrimonial assets between my spouse and me? Will the division of assets be "half and half"? If I didn't help pay for a particular asset, does it mean that I cannot claim for a share in that asset?

The court will have to divide the matrimonial assets between the parties in just and equitable proportions by having regard to the following factors:

(a) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets;

(b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage;

(c) the needs of the children (if any) of the marriage;

(d) the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;

(e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce;

(f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party;

(g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which helps the other party in the carrying on of his or her occupation or business.

Other factors the court may also consider, in an appropriate case, are:

(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 welfare of the family, including any contribution made by looking after the home or caring for the family; and

(g) 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 court will not automatically divide the matrimonial assets "half and half". The court will make an order to divide the matrimonial assets in such proportions as it thinks is "just and equitable" (i.e. what is fair), having regard to the above factors. If you did not help to pay for a particular asset, you can still make a claim for it, provided that it is a "matrimonial asset". In deciding the share you will get, the court will consider your non-financial contribution and other facts set out above.
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