• Clock9:30 - 17:30
    Our Opening Hours: Mon - Fri
    Outside office hours, by appointment only
  • Clock6535 1800
    Call Us At Your Convenience
    24/7 Committed

Singapore Divorce Lawyer - Lam & Co Blog

For most people, divorce is a rare and scary thing. You simply do not have any previous experience with it and there are many horror stories you have heard from your friends. Lam & Co.'s expert divorce lawyers are focused on sharing information with you to assist you as much as possible in making painless and correct decisions.

YOUR HDB FLAT HAS NOT REACHED MOP. CAN YOU BIND YOUR SPOUSE TO A FIXED 50:50 SHARE IN THE FLAT?

Certain HDB flats are subject to a Minimum Occupation Period before they can be sold. (See here and here.) Because of this, sometimes couples prefer to separate and later divorce only after the MOP has expired (instead of divorcing immediately and surrender the HDB flat at a loss).

The parties can sign a Separation Deed that states how they are to divide the flat when the divorce later. But, is this safe? What if your spouse later applies to Court to ask for more than what was agreed in the Separation Deed?
In the case of Wong Kien Keong v Khoo Hoon Eng (See here and here.), the couple signed a Separation Deed. Under this agreement, the wife would get a certain share of the assets. 

However, she later applied to Court to set aside (cancel) the Separation Deed. Her lawyer argued that she was coerced (forced), abused and/or threatened into signing the agreement. Her lawyer also argued that she was suffering from depression at the time such that she did not fully understand the consequences and risks of signing the agreement, and that she had signed the agreement in the hope of reconciling with her husband. 

The Court after hearing both sides ruled against the wife and rejected all the above arguments and dismissed her application to set aside (cancel) the Separation Deed.

Under the agreement, the wife was supposed to get 34 per cent of the assets. However, she later applied for 60 per cent. The Court decided that even though the Separation Deed was valid and binding, the couple's circumstances were such that the wife was entitled to 40 per cent of the assets.

Thus, it can be seen that even though the Separation Deed was found to be valid and binding, the Court still exercised its power to increase the wife's share of the assets.
Call Lam & Co. now at 6535 1800 for immediate help analyzing your particular situation.

About Lam & Co.
We seek to appreciate and understand your situation and put your aims and objective first. We will use our tried and tested Lamnco Method (developed over more than 25 years of successful legal experience) and strive for the best possible outcome for you.


Rate this blog entry:
THE TRUTH ABOUT COLLABORATIVE DIVORCE: WHAT IS IT ...
YOUR WIFE IS APPLYING FOR A DIVORCE AND SHE WANTS ...

Related Posts

 

ANY QUESTIONS OR CONCERNS? ASK US.

Fill in the form below and we will contact you for a private and confidential discussion.