GSP165 Legal Principles in Divorce, Child Custody & Estate Distribution

Question 1

Steven (49 years old) is a social worker, and he is married to Wendy (45 years). Both Steven and Wendy are Singaporeans. Wendy used to be a lawyer but stopped working when she conceived their first child. The parties have 2 children, Cecilia (15 years) and Cedric (12 years old), and both children are attending school full-time. The parties also have a domestic helper from Indonesia, Siti, who has worked for the family since Cecilia was born. After Cedric started attending primary school, Steven encouraged Wendy to return to work, but she told him that she would have a hard time re-entering the legal profession. Instead, she started volunteering at the Resident’s Network Centre in their housing estate, and during her spare time, she attends activities at their local community centre. She recently started line-dancing classes which take up a large part of her weekends. Siti has been tasked to take the children to their tuition and other classes during the weekends. Starting from 2 months ago, Wendy has also taken to going out on weeknights and returning home very late. On one occasion, Steven smelled alcohol on her breath when she returned home, but she denied having had any alcohol when he questioned her. As a result, Steven spends his time after work and during the weekends at home. He supervises Siti in her preparation of meals for the children, ensures that the children do their homework, and very often is the one who tucks Cedric into bed. He also gets the children ready for school in the morning and drops them both at their respective schools before heading to work himself. Wendy is often still asleep when he leaves the house. Steven tells you that he suspects that Wendy is seeing another man, whom he only knows as `John’. He suspects they met at her line-dancing classes. He has found photographs on her mobile phone of them posing intimately. He has also found messages on her mobile phone between them of an inappropriate and explicit nature. He took photographs of the messages and forwarded the photographs he found to his own phone. When Wendy found out what he had done, a quarrel ensued and Wendy accused him of snooping and breaching her privacy. In a scuffle between them when Wendy tried to snatch his mobile phone from him, Steven had hit her with his mobile phone. Wendy in turn bit Steven on the arm and scratched his face.

Steven took photographs of his bruises with his mobile phone, but did not make any police report as he did not want Wendy to get into trouble with the law. He also did not seek any medical attention as he was embarrassed to tell anyone that his wife attacked him. Steven has since discovered that Wendy has changed the password to her phone and suspects that she would have since deleted the incriminating messages and photographs from her own phone. Parties have a 5-room HDB flat which they purchased soon after marriage. The property is held in joint-tenancy. Both parties contributed their CPF monies at the time of purchase and Steven contributed towards the monthly loan payments through his CPF monies thereafter. The flat is now fully-paid up. Steven estimates his financial contribution to be at least 70% towards the flat. There is also a family car which was bought recently in Steven’s name, which is still being financed and paid for by him through a hire-purchase arrangement. Both parties also have shares in their CDP accounts, insurance policies and monies in the bank. During your meeting with him, Steven asks you the following: ‘What do you think I should do?”. What are my options? The children are very attached to her. If I divorce her, what will happen to the children? I know she will not give up the children, but I do not want them to be exposed to this John character. When I raised the question of divorce with her, she told me that she will be given the children because she is their mother and as they are still young. She also told me that I will not get to see the children if I divorce her. What is more worrying is she also told me that I will have to maintain her for the rest of her life and my life as well as give her money for the children until they finish university. Is this true? How can I be sure the money I give will be used for the children? Do I still have to maintain her if she has committed adultery? Last night, she asked me to move out of the house or threatened to take out an application for a PPO? What is a PPO? Can she do this when I have virtually paid for the whole house?

How would you answer Steven’s question (a)? In particular identify and discuss the ground(s) and “fact(s)” provided in the statute for a divorce in Singapore, and the factual matrix in the question that supports your advice. Answer Steven’s questions by making a general assessment of the case based on the applicable law.
(15 marks)

For (b), state and explain to Steven the factors that the Court would take into account in relation to the issues relating to the children.

(15 marks)

For (c), explain the factors and considerations that the Court has to consider and take into account in deciding whether maintenance for the children and Wendy should be ordered.

Further discuss whether it is true that Steven must maintain Wendy for life. Does it make a difference that Wendy has committed adultery or behaved badly?
(20 marks)

For (c), also explain, what amounts to “matrimonial assets “, and discuss and advise Steven as to the factors and considerations that the Court has to consider and take into account in deciding the division of matrimonial assets.

(10 marks)

For (d), explain the factors and considerations that the Court has to consider and take into account in deciding what kind of protection could be granted to the parties, and discuss and advise Steven as to what are the orders that can be sought.

(10 marks)

Question 2

Before Steven was able to start any divorce proceedings, Steven had a heart-attack and died during work. However, it was found out that he has made a Will simply stating that he is leaving all his assets to his two children in equal shares. His mother is also the executor of the Will and the witnesses to the Will are his mother and his daughter Cecilia. Steven also made a CPF nomination making his mother the sole beneficiary of his CPF monies.

Discuss who will inherit the HDB flat in such a situation, and please explain why (citing and discuss the relevant legal principles).

(5 marks)

Discuss who will inherit the CPF monies in such a situation, and please explain why (citing and discuss the relevant legal principles).

(12 marks)

Discuss who will inherit the other assets of Steven, and please explain why (citing and discuss the relevant legal principles).

Consider and discuss also the issue of the mother being the Executor of the Will and yet she is also a witness, does this affect the validity of the Will.
(8 marks)

Would your answer to part 3 above be different, if the Will was witnessed by also 2 good friends of Steven (on top of his mother and Cecilia) being witnesses (i.e. there is now a total of 4 witnesses). Please discuss this issue with reference to the applicable law.

(5 marks)

Guidance Notes

1. Your answer for each question should be properly structured, with appropriate introduction, conclusion, and organised paragraphs.
2. You must use proper referencing and citation formats, where necessary. If you refer to any case law, please provide the full name and citation, e.g. Sime Darby Edible Products Ltd v Ngo Chew Hong Edible Oil Pte Ltd [2000] 4 SLR 360.
3. Remember to use accurate grammar, correct sentence structures and a tone appropriate to academic writing. Marks may be deducted for poor English.

 

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