Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed

Outline · [ Standard ] · Linear+

 Lawyer's Corner v2, One-stop centre for any legal queries

views
     
wongmunkeong
post Feb 14 2012, 01:21 PM

Barista FIRE
Group Icon
Elite
5,608 posts

Joined: May 2011
From: Here, There, Everywhere


QUOTE(dariofoo @ Feb 14 2012, 12:49 PM)
When filing the divorce petition, it would include how the jointly-owned properties of the parties are to be distributed. Check the Court order first and see what it says.
*
it would be an "oh oh" doh.gif if his buddy finds out it's 50/50!
I'm lucky in the sense that everything to be signed over to me and i just pay $ to ex, clear and simple. sweat.gif
wongmunkeong
post Feb 14 2012, 06:58 PM

Barista FIRE
Group Icon
Elite
5,608 posts

Joined: May 2011
From: Here, There, Everywhere


QUOTE(dariofoo @ Feb 14 2012, 06:43 PM)
It doesn't matter whether you were the sole breadwinner, paid for everything and the fact that everything is under your name without any expense paid by your wife. Even if your wife was a mere housewife, it is her right to a portion (up to half) of any assets of the husband gained during the subsistence of the marriage. That is the law. Even if she is a housewife, she has her duties and contribution to the marriage as well. As such, she has a right to have a share in the assets.
*
Dario, if i may throw in a wildcard - if the bro/sis is a Muslim, it's a different story right?

In addition, from what i understand, whether non-muslim or muslim, if he/she can prove that certain assets were acquired BEFORE marriage, then those assets are NOT part of the 50% split right?

My bad ar - i read bits and pieces everywhere, havent googled to provide the links here (heck, it may be from books & mags). notworthy.gif

This post has been edited by wongmunkeong: Feb 14 2012, 06:59 PM
wongmunkeong
post Feb 15 2012, 08:21 AM

Barista FIRE
Group Icon
Elite
5,608 posts

Joined: May 2011
From: Here, There, Everywhere


QUOTE(dariofoo @ Feb 15 2012, 12:40 AM)
If Muslim, they have this concept of 'harta sepencarian' which is similar to the concept in civil cases. power is given to the Syariah Court to determine the division, but more often than not the Court will order an equal split. But the burden would be on the wife to prove that the assets were procured during the subsistence of the marriage.  nod.gif
Yes, if acquired before marriage, then it would not be considered for purposes of division.

If I may add a bit - in reality, more often than not, parties arrive at a settlement with regard to division of assets. Perhaps the wife will get to keep the matrimonial home. The husband would continue paying the monthly instalments. The husband will keep the main car, and the second car will go to the wife. Custody will be with the mother, with visitation rights by the father. Father has to pay maintenance (or alimony, as they call it in the US) to the wife (quantum depends on whether wife is working or otherwise) and kids. Husband has to pay insurance and pay all education expenses until kids turn 18. More often than not, these are common terms agreed upon in a divorce.

Only the ugly separations - probably caused by abusive or adulterous spouses - which end up in bitter, long, drawn-out court battles filled with lies, baseless and exaggerated accusations and allegations, scheming conniving lawyers who spit and spew venomous words in their submissions on behalf of their beleaguered clients and a poor judge in the middle scratching his/her head wondering how to decide as to which party is a better liar (as opposed to which party is telling the truth!)  doh.gif

smile.gif
*
On the Custody will be with the mother, with visitation rights by the father, if i may share from experience (ouch!), as a father, press for joint-custody even though the mother may get daily care (ie. child stays with mother), else you may as well say your final goodbyes to your child. In addition, it's hard to fight for your child to stay with you, as a father, when the courts traditionally grant young children's care to the mother - onus of proof of "unfit parent" is on the father (and we know how hard that is even if it's true) cry.gif
wongmunkeong
post Mar 23 2012, 01:34 PM

Barista FIRE
Group Icon
Elite
5,608 posts

Joined: May 2011
From: Here, There, Everywhere


QUOTE(dariofoo @ Mar 14 2012, 11:56 AM)
You are in the right thread. This thread is for legal advice for any type of legal topics and not limited to property matters.
*
G' afternoon DarioFoo.
Woohoo! I was wondering where to ask / who's brains to pick on legal items which aint property related but financial/investment related & personal choice thumbup.gif Er.. pls do tell me off if the item isnt a "legal" item yar.

1. Where should i state my wishes like "If i'm brain dead and/or...
..i do not wish to be kept alive on machines or resuscitated..
..donate my organs to...
..cremate my remains and just a simple Christian funeral..

I thought it'd be in my last Will and Testaments BUT was told that "Will and Testaments" = executed WHEN i'm dead, not brain dead or vegetative unconscious existence solely living because of machines.
Main idea: I do NOT want my loved ones to suffer financially to "keep me around" & emotionally to make a decision to cut-off life support, if such things happen to me.


2. Investments, via Internet and not a wrap account/private banking (for high net worth folks tongue.gif), overseas in NON-COMMONWEALTH countrie
My trustee just clarified with me their organization covers only COMMONWEALTH countries due to similar estate laws (good ol' Queen / Empire!). They suggested i draw up Wills with organizations/lawyers from these other countries to cover (nuts...).
Thus, is there any good method to ensure my loved ones can get these assets when i kaput, WITHOUT having multiple Wills drawn up for different countries (which aren't part of the Commonwealth countries)?


3. Pre-nuptials
Last i read, these aint enforceable in Malaysia.
Still true?
If so, any other way to ensure that my loved ones dont get screwed over if i remarry (the wrong one again!), while of course being fair to my new spouse?


Heheh - way off tangent from Properties. Wanted to PM U but thought better of it since U stated "no PM advises" sweat.gif
Thanks in advance DarioFoo notworthy.gif

This post has been edited by wongmunkeong: Mar 23 2012, 03:48 PM
wongmunkeong
post Mar 24 2012, 08:21 AM

Barista FIRE
Group Icon
Elite
5,608 posts

Joined: May 2011
From: Here, There, Everywhere


QUOTE(dariofoo @ Mar 23 2012, 08:27 PM)
» Click to show Spoiler - click again to hide... «

*
Domo arigato Dario-sama. notworthy.gif

Aiya, my beneficiaries are all part of me, thus even if they want to get to their inheritance (they've already have a copy of my current Will) earlier by cutting off the machine or whater, i've no issue. In fact, if i'm comatose already, i sincerely hope they would
Unfortunately (or fortunately?) i'm no deca-millionaire or billionaire tongue.gif.
wongmunkeong
post Oct 19 2012, 01:50 PM

Barista FIRE
Group Icon
Elite
5,608 posts

Joined: May 2011
From: Here, There, Everywhere


QUOTE(dariofoo @ Oct 18 2012, 09:41 AM)
Yesterday was the 2nd birthday of Lawyer's Corner. V1 kicked off on 17 Oct 2010.

Let's have some cake  wish.gif

cheers.gif  icon_rolleyes.gif  notworthy.gif
*
rclxms.gif notworthy.gif thumbup.gif rclxm9.gif icon_idea.gif
Thanks Dario, for helping us out & leading the "legal-ese blind" (like moi)
wongmunkeong
post Dec 7 2012, 01:37 PM

Barista FIRE
Group Icon
Elite
5,608 posts

Joined: May 2011
From: Here, There, Everywhere


G' afternoon Dario Foo,

Something off-properties a bit.

Background Info
I'm a divorcee with a child (joint custody) that my ex spouse is having "daily operational care" for. They are now in Singapore. Ex spouse says she wants to take the option of converting to be a Singaporean after 2 years of PR and wants my consent for my daughter to relinquish her Malaysian citizenship & be Singaporean.

Assuming i agree and my daughter is a Singaporean:
a. What are the legal impact to my Will, with my daughter as a beneficiary, even if i state her SG identity card?
Especially properties (foreigners aren't allowed to blah blah below RMXXXK, etc.?), stocks, bonds, mutual funds, gold, etc.

b. What are the legal impact to the contract of divorce?
eg. do i lose all my legal rights to ensure my daugther's growth is ok or have a say in it? ie - joint-custody in divorce contract hangus?

c. Any further experiences/thoughts to "watch out" for when relinquishing citizenship?

Thank U in advance sir. notworthy.gif

This post has been edited by wongmunkeong: Dec 7 2012, 01:37 PM

Topic ClosedOptions
 

Change to:
| Lo-Fi Version
0.0214sec    0.25    7 queries    GZIP Disabled
Time is now: 13th December 2025 - 03:59 AM