Defining the Rights of Husband & Wife in Divorce Cases

      Comments Off on Defining the Rights of Husband & Wife in Divorce Cases

Because of the Women’s Charter in Singapore, people often go through a misconception that women have a higher hand when it comes to divorce cases. As per the popular belief, in a typical divorce case, a woman is always guaranteed with the utmost maintenance from her husband. Also, as per the misconception, the custody of the child always belongs to the wife. These beliefs are not at all, true.

Therefore, people need to be aware of the facts and avoid staying unknown forever. As per the Singapore divorce codes, the courts have repeatedly stated and passed down judgments that mark – marriage is a partnership between a woman and man and thus, they both need to contribute equally. This simple statement must be kept in mind while filing for a divorce case. In every divorce case, the court tries to conclude its decision that is simple and fair.

Rights of a woman in a divorce

  • A married woman can apply for her maintenance only if her husband fails to cater to her needs with reasonable maintenance. Even if there is no divorce case, she can apply for maintenance.
  • The court has the right to divide the matrimonial assets based on the divorce even if the woman has no contribution in it. The court will divide the assets based on “just and equitable”. Now, the term “just and equitable” depends on the facts gathered from the case. In most cases, the longer the marriage, the more (direct and indirect) contribution a woman has to the family. This makes the chances higher for a woman to achieve a greater division of matrimonial assets. The reverse is also applicable.
  • The court has the right to order her man to pay the maintenance cost upon separation, divorce or annulment marriage.

Rights of man in divorce

  • If a man stands guilty for a marriage breakdown, the court will not penalize by giving custody of children or more assets to his wife. In this case, a divorce is irrelevant.
  • If his wife is working and the marriage’s time period is short, she may get little or no maintenance.
  • The man has the right to ask for child custody, care and control. These three are not bound to go to the mother always. It all depends on the circumstance of the cases.

Knowing just about the facts of a divorce case isn’t all when it comes to real life. Therefore, it is suggested hiring a Singapore divorce lawyer to handle the issues smartly.