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FAMILY LAW, Application to decide on property disputes during …

- - - - Date of interim judgment
        
        BUT would it be fairer to adopt a later date?
        
        ARY v ARX
        
        Assets ballooned between IJ date and AM hearing date.
        
        Court used AM hearing date
    - - Date of ancillary matters hearing
        (except CPF and bank monies)
  - - - Global Assessment
      - Classification
        
        Use this if there is different/sole contribution for different classes of assets (NK v NL)
    - - Single-Income
        
        Long
        (-) ANJ doubly recognises F contributions (TNL v TNK)
        
        Trend: Equal division (TNL v TNK), unless exceptional financial contributions to MA (Yeo Chong Lin)
        
        Trend: 35-50% for homemakers (Tan Hwee Lee)
        
        Short
        
        Focus on direct F contributions
      - Dual-Income
        
        Apply ANK
        
        Long
        
        More W to indirect F and non-F contributions
        
        Trend: Equal division
        
        Short
        
        More W to direct F contribution
        
        Esp if no children
  - - - 4A: Adjust Division
        
        Method 1: Quantification
        If undisclosed asset KNOWN
        
        value the undisclosed assets + add into the pool
        
        UZM v UZN
        
        Method 2: Uplift
        If value of undisclosed asset is UNKNOWN e.g. NK v NL
        
        give higher proportion of known assets to other party
  - - - Commence proceedings against spouse(s)
        
        Apply to intervene in ongoing s 112 proceedings
    - - Option 1: Spouse to obtain written confirmation + extract undertaking from 3P owner that property is MA
      - Options
        
        Commence proceedings against 3P owner
        
        Spouse drop claim against 3P
        
        Ask FJC in divorce proceedings to determine whether property is MA
    - - Ask FJC in divorce proceedings to determine whether property is MA
- - - - Domicile of Origin
        
        SG citizen deemed domiciled in SG (S3(5)WC)
      - Domicile of Choice
        
        Voluntary Residence rather than visitor
        
        Intention to remain indefinitely - Generally, a person’s tastes, habits, conduct, actions, ambitions, health, hopes and projects are all regarded as keys to his intention
  - - - PF suffered exceptional hardship?
      - DF's exceptional depravity/ wickedness?
  - - - Living separately
        
        PF must have intention to terminate marriage
- - - - s64
        
        fear of hurt
        
        causing hurt
        
        wrongful confine or restrain
        
        continual harassment
  - - - Variation 2: Counselling Order
      - Variation 1: Domestic Exclusion Order
- - - - Party A mental disorder unfit for marriage
      - DF got STD + PF ignorant: (e)
      - PF did not consent to marriage
        
        duress, mistake, etc.
      - DF pregnant by 3P + PF ignorant: (f)
      - Non-consummation due to
        
        incapacity
        
        wilful refusal
      - Step 2: S107 WC DEFENCES
        
        PF knew could void marriage but misled DF to believe he would not do so + Unjust to DF to anull
        
        3 Year Time Bar from date of marriage
        
        PF not ignorant of facts in 106(e) / (f)
    - - Party < 18: s9 WC
      - Incest: s10(1) WC
      - Subsisting Prior Marriage : s5, s11 WC
      - Marriages of Convenience: S11AWC
        
        Purpose of immigration advantage for A
        
        Gratification to induce/reward B.
        (-) Unless genuine marital rs
      - Both Parties Muslim: s3(4) WC
      - Same-sex marriages: s12(1) WC
      - Marriages solemnized without valid licence or by unauthorised person: s13(1) WC