Sometimes, in a marriage, one spouse is the sole breadwinner and that spouse keeps to himself (or herself) all information about the assets acquired over the years.

Application for documents and information

In such a case, the other spouse can apply to court for discovery (documents) and interrogatories (information).

A serious limitation

However, there is a serious limitation to these applications:

The court may direct the spouse to produce the documents and the information.

However, the court will not direct the bank, finance company, stockbroker, stock exchange, etc., to provide any document or information.

If the spouse does not produce the documents or the information that the court directed him or her to produce, the court can draw an adverse inference against him or her.

Adverse inference and evidence

The adverse inference can be in the form of assuming that the spouse has more assets than the available evidence shows.

If you have no evidence at all of any assets, it is likely to be difficult to advance your case.

Thus, it is important to have as much evidence as possible.

Even evidence of some bank account or some funds from long ago may prove helpful to your case.

The above is not legal advice and should not be taken as such.

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Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

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