W: http://www.divorcelawyersg.com

1. Marriage Breakdown – Division of Assets
Mentioned in previous posts, divorce itself is a complicated process
which requires a divorce lawyer to guide you. But, nothing is more
complicated than the division of property and finances between the
spouses. The court is the whole and sole in determining who
receives what.
In Women’s Charter, section 112(1) is there empowering the court
to determine the division of assets between both the parties, when
granting verdict on divorce, nullity of marriage or judicial
separation. Division of assets is entirely based on the court’s
unbiased and fair judgment.
So, if you’re living in Singapore and are going through the divorce
process, you need to know what factors are considered by the court
in dividing assets of divorce. But first, remember that the equitable
and just division of asset does not imply to equal split.

2. 1. The court’s power unrestricted. If, for an initially loss making
property, the wife has already disavowed liability by means of
formal agreement or affidavit, she cannot claim her share if the
property starts to give return in future. The court’s decision to
deny her claim in matrimonial asset is justified on the ground
that the spouse had not made any contribution is marriage
whatsoever.
2. The court does not hear matters over division of assets, unless
the judgment for judicial separation, nullity of marriage or
divorce has been pronounced. However, Chapter 4A(X) of
Women’s charter permits application for financial relief if it
involves foreign matrimonial proceedings.

3. According to section 112(10) of Women’s Charter, divisible
matrimonial property can be defined as “Asset of any nature one or
both parties have acquired during marriage”.
Conditions for matrimonial assets
1. Asset acquired by either party prior to marriage is not a
matrimonial asset unless it has been used ordinarily by both
spouses or by any of the children. The purposes for which the
asset has been used may include
 Shelter, or
 Transportation or
 For education,
 For household,
 For recreation
 For social or aesthetic reasons
2. Asset acquired before marriage by one party can be termed as
matrimonial asset if it has been improved substantially by both
the parties or by other party. The other party, claiming a share in
such asset, must prove his/her direct contributions in its
improvement.
3. Assets received by any party to the marriage in the form of gifts
or inheritance, are not to be divided. There is no condition of time
in it. In order to claim a share, other party must provide
evidences that he or she contributed directly to improve that
asset substantially.

4. Validity of Matrimonial Assets
 Gifts offered by third party are not treated as matrimonial
assets. A claim, with evidences to substantial improvement
may be an exception.
 Inter-spousal gifts are included in the list of matrimonial assets
without any condition. These are gifts not received from third
party or by means of inheritance.
 Inter-spousal re-gifts are not matrimonial assets regardless of
a claim to substantial improvement. These are third party gifts,
or inheritance, originally received by the donor spouse and
he/she gifted it to other spouse.
 A gift which was made under an agreement in consideration of
divorce can be excluded by the court from division, if the court
finds it inequitable to divide.