Quote:
Originally Posted by maleactor
Hey Bro Big Sexy and anyone else who can help,
This is an excellent thread and I've learnt so much. However after reading the entire thread there are still some doubts I have regarding my own situation. I have been married for 4 years plus since 2011 and I have been thinking about divorce as I realise I still prefer a single life and my wife and I not really compatible. We don't have kids and bought a resale HDB flat in 2013. I had wanted to let her know at the end of this year however I was caught cheating in June this year (she hired PI and everything). What I'll like to clarify is:
1) Does adultery affect ancillary matters?
This is the most important question as it determines how I am going to proceed with the divorce. The divorce is likely to be uncontested, however for the sake of speed I may just ask her to file under adultery (she only has 6 months upon discovery = till the end of year 2014 to do it). I have read the thread and some bros have said that it actually affects the proceedings but some said it doesn't. What exactly does it affect? If it affects the ancillary matters then I'm going to wait it out till she cannot file for adultery then file under unreasonable behaviour or backdated seperation. So I need somebody who is cock-sure about this to enlighten me.
2) What determines adultery?
I know she has pictures of me holding hands and kissing the third party, but do not have actual evidence of us having sexual intercourse. Is she able to file under adultery based on those pictures? If she is able to, does it mean that as long as I do not deny the allegations it can be admitted as adultery?
3) I understand that whatever holdings we have after marriage is considered matrimonial assets. So is cash in personal accounts matrimonial or personal assets after marriage?
4) How do they determine the amount of contribution to our HDB flat when it comes to division of assets?
Do they only recognise CPF contributions? Or do they recognise my cash contribution as well? Eg, if she has put in 50k thru her CPF-OA and I have put in 50k thru CPF-OA and 50k thru cash, does that mean I have contributed only 50% to the flat or more than that? We are both self employed and have exhausted our OA so now have to pay cash. I am the one paying for everything including utilies, bills and the monthly installments. I am paying for the installments through our joint account (bank loan) through the loan servicing account, if I can show proof that the money from the joint account is from my personal savings account would they recognise that as my cash contribution?
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1) Yes
2) Where did she get those photos? If they are by herself or from friends, not to worry.... If it was from a PI, start to worry... but can be argued easily by experienced divorce lawyers since these do not contribute to adultery.
3) The earlier.
4) Sorry bro, it starts from 50/50 regardless of contribution especially when it comes to HDB. The years of marriage will then increase the weightage on your wife's side as a normal practice.