divorce
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My mother wants to have a divorce but she has to so called compensate my father 15k as she had taken a grant to buy the hdb flat that we are currently living in. the grant was given because the flat that we live in, was once near residential area of my paternal grandparents. Therefore, the government has a so called law that my mother has to compensate 15k to my father. The problem is, my mother feels that it is not worth it to compensate my father (she has to pay another 5k as lawyer fees and my father is practically not paying anything) as he has never contribute to the family nor to the buying of the flat hence, my mother is now in a dilemma because if my mother doesn't have a divorce now, she will have to compensate my father 50k the next year when he turns 55 years old. After thorough thoughts, we came up with several choices but were unable to decide... thus, i am here to post this to ask for opinions.
first, my mother should just get a divorce and compensate my father 15k
OR
she can apply for separation and then decide on what to do after the separation
Hope someone can help. Thanks. -
c. since ur father also cheated her, sue him.
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that's going to cost alot of money + the risk that we may loseOriginally posted by popmynutsy:c. since ur father also cheated her, sue him. -
maybe u can tell us wat type of cheating ur father do to ur mum?Originally posted by OasisBlue:that's going to cost alot of money + the risk that we may lose
since ur mum gt evidence le...shld can bahx...or the evidence not enough?
try to sort it out 1st lor..betta to salvage the marriage ?
not gud to hab a broken family... -
This is serious, do seek free legal advice at the CC near your house. Better still donÂ’t divorce, and try to work things out.
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thanks for the replies
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why divorce?
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Maybe because of this?Originally posted by hiphop2009:why divorce?Originally posted by OasisBlue:thanks for the replies. My father cheated my mother of her money. There is evidence, but it isn't sufficient. -
ask ur papa tk the 15k and pay the 5k fee? tem he left 10k oso..more fair...
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if really divorce, den seek a solution in which is fair to two parties. if the papa refuse, den take it to court.Originally posted by 0tah:ask ur papa tk the 15k and pay the 5k fee? tem he left 10k oso..more fair...
what i think is, if can, settle it peacefully and negotitate with ur dad. taking it to court is time and money consuming. -
ya... that's why my mother don't really wish to go to court. Besides, although the money goes to my father, he doesn't receive it directly. From what i know, it goes to his CPF or whatsoever and he gets to only withdraw a sum of money per month.Originally posted by hiphop2009:if really divorce, den seek a solution in which is fair to two parties. if the papa refuse, den take it to court.
what i think is, if can, settle it peacefully and negotitate with ur dad. taking it to court is time and money consuming.
It is a so called law that the government made that my mother has to pay. Not that my father asks for it. -
so anyone can tell us what to do?
to compensate my father 15k
or apply for separation?
if my mother applies for separation, we are afraid that my father will ask for a divorce after the separation and my mother has to pay 50k instead of 15k when my father turns 55 years old next year. -
Signed a contract with your father, black and white, cannot hide.Originally posted by OasisBlue:if my mother applies for separation, we are afraid that my father will ask for a divorce after the separation and my mother has to pay 50k instead of 15k when my father turns 55 years old next year. -
tem pay him lor..or else if wait till next yr..wan divorce tem regret liao...35k more -.-...Originally posted by OasisBlue:so anyone can tell us what to do?
to compensate my father 15k
or apply for separation?
if my mother applies for separation, we are afraid that my father will ask for a divorce after the separation and my mother has to pay 50k instead of 15k when my father turns 55 years old next year.
chang tong bu ru duan tong.. -
I think you have some misconception regarding the current situation.
If the 15K is to be returned for the grant, it should go back to the authorities who issued the grants.
You need to get your facts right.
Please do not confuse yourself with spiteful things divorcing adults say to their own children. -
15k grant to be returned to the HDB only if the family is selling the flat.Originally posted by jojobeach:I think you have some misconception regarding the current situation.
If the 15K is to be returned for the grant, it should go back to the authorities who issued the grants.
You need to get your facts right.
Please do not confuse yourself with spiteful things divorcing adults say to their own children.
And police report against father for cheating money? Thats not acceptable in courts as something substantial for a divorce.
And divorce proceedings takes a minimum of 4 months to complete when is filed in court.
Dilly dally here and there, negotiate for a settlement blah blah blah. This decree de nisi absolute probably wont be settled till next year anyway.
BTW, what exactly is TS talking about next year has to compensate 30+k???? Can someone link me to that piece of law? Or HDB/CPF regulations?
Decree nisi de absolute wont be issued until HDB flat, child custody & child maintenance issues are settled.
If the father has been proven to have not contribute. There is higher chance of mother & child residing in their HDB flat and the father kicked out w/o a cent to his name except for what he has contributed in CPF that requires return.
Even if this is so. Mother can still apply to court under the woman's charter to only compensate the father 50% of the CPF father has contributed.
And yah....all TS has written sound more like a mis-informed mother mis-informing the child on actually what is going on. -
Hmm first of all, you WILL have to go to court, divorce is a legal process, it is not just a matter of signing documents so simple.
Btw , could you state your mum's reasons for getting a divorce? More details would help.
The four allowable reasons are:
1. Adultery
2. Unreasonable Behavior
3. 3 year separation with consent
4. 4 year separation without consent
This are basically the 4 reasons the court will accept for granting a divorce.
The court will decide the ancillary matters before the divorce is finalized, ie, division of matrimonial assets (House, Car, properties etc) and custody of children (You). The court will look at the contributions of the parties in the division of assets. From your above explanation, where your dad has not contributed to the house or the family, he will probably get very little if any money from the sale of the house.
The monies from the sale of the house will first go towards paying back the amount oweing to CPF, then the profits if any shall go back to you.
Your dad will also have to pay maintenance to support both your mum and yourself.
No matter what, you will need a lawyer to draw up the relevant forms etc. I really think you should get some legal aid. If your monthly income is < $800, the legal aid bureau will be able to give you substantially subsidized legal advice.
Do take a look at their webby
http://app.minlaw.gov.sg/lab/info.asp -
thanks for all the replies. To what i know, and from what the lawyer said, my mother had taken a grant of 30k in the past to buy this hdb flat we are currently living in. So now, to have a divorce, my mother has to pay 15k back to my father, though not directly, because she has taken a grant.
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the hdb flat is bought under my mother and father's names but it was my mother who paid for the flat. Now, it is a MUST to pay that 15k. No negotiation.
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Originally posted by OasisBlue:My mother wants to have a divorce but she has to so called compensate my father 15k as she had taken a grant to buy the hdb flat that we are currently living in. the grant was given because the flat that we live in, was once near residential area of my paternal grandparents. Therefore, the government has a so called law that my mother has to compensate 15k to my father. The problem is, my mother feels that it is not worth it to compensate my father (she has to pay another 5k as lawyer fees and my father is practically not paying anything) as he has never contribute to the family nor to the buying of the flat hence, my mother is now in a dilemma because if my mother doesn't have a divorce now, she will have to compensate my father 50k the next year when he turns 55 years old. After thorough thoughts, we came up with several choices but were unable to decide... thus, i am here to post this to ask for opinions.
first, my mother should just get a divorce and compensate my father 15k
OR
she can apply for separation and then decide on what to do after the separation
Hope someone can help. Thanks.
Would she prefer to start her new life as soon as humanly possible or does she prefer to exhaust herself to fight an acrimonious legal war with your dad?
P.S: Sometimes, it's not so much about 'losing', as 'losing' may actually be a 'winning route' ultimately.
Cheers -
There is a possibility that such contract may not be enforceable in Singapore.Originally posted by DeadPoet:Signed a contract with your father, black and white, cannot hide. -
It still does not sound right.Originally posted by OasisBlue:thanks for all the replies. To what i know, and from what the lawyer said, my mother had taken a grant of 30k in the past to buy this hdb flat we are currently living in. So now, to have a divorce, my mother has to pay 15k back to my father, though not directly, because she has taken a grant.
How long ago was the grant taken? Are your parents selling the flat?
And 15k, lets say was the penalty for the flat grant thingy. That 15k is the penalty to be paid to the HDB. Not to the father. And if the father has not contributed anything. The father is penalised for the divorce? Then still, that 15k is to be returned to the HDB. Your mother can pay that to the HDB on his behalf actually.
As long as someone fork out the monies to pay off the penalties. Government, HDB, Divorce courts, lawyers do not have the say as to where the monies are transferred to and who it is transferred to and where it is transferred to.
Oasis? Do you understand the legal implications that you are telling us or telling us half way???
It does not make sense to those who actually knows how HDB works or at least how our gahment works. -
She dont even have to pay 15k.Originally posted by OasisBlue:the hdb flat is bought under my mother and father's names but it was my mother who paid for the flat. Now, it is a MUST to pay that 15k. No negotiation.
If you got a smart lawyer, they will be advising her how she only need to pay $7.5k....
Or if you ask the right smart lawyer. She wont even need to pay a single cent.
What no negotiation? You fracking think this forum all made up of 14 year olds arh? -
something isn't correct here, if there's something to be paid, the joint owners will have to pay....unless you are saying your mother has to pay his share, and not to him....drop the lawyer, go to hdb area office and speak to the appropriate officer...if any payment is to be made, i believe it's after the sale where hdb will offset from...
i suspect either you or your mum didn't fully understand what the lawyer was conveying...could it be he was trying to tell you of your father's share from the sales proceeds? any grant or whatsoever need not be returned i believe, unless you're talking about the levy when you are buying a new flat from hdb a second time...hdb has complex rules, speak to the officer instead......
if your dad has been working, his cpf would have gone to pay for the flat too, so he's entitled to his share....but if you guys have no where to go after the divorce, the courts generally rule in favour of the mother and kids to live in the house....
i think if your dad isn't keen on divorce, then the only option is separation...no need proof or whatever..... -
and even if the home was taken at a grant because of the couple living near parents 1km condition.
As long as the family has resided in the flat for a minimum of 5 years. And the grandparents too has concurrently resided in the flat for that minimum 5 years.
There is no penalties to be paid to HDB in a divorce.
After the divorce comes tru, only if the flat is sold, then the last owner of the flat has to pay HDB back a levy of 20% of the sale price what.
So where does your pay father back 15k comes from?