Need advice for Deed of Separation

[jadedragon]

Hi, need advice on this thing. Tried posting/checking at Bro Big Sexy (all you need about divorce) but still cant find an answer.

I and my exwife had already file for Deed of Separation 3 yrs back with all the ancillary matters stated on it. The Deed was draft by her lawyer than as i did not employed any lawyer. 3 years was up recently and I was informed to sign the consent for divorce based on deed of separation but was informed by her new lawyer that she wanted a share of the proceeds of the house when sold which is against the deed of separation as it was stated that i will gain full proceeds which she will get the car.

I am not prepared to give her anything more other than her cpf contributions + interest back which is around 20-25% which is stated as per the deed.

Had any bros came across such issues which is similar or is there any legal experts out there whom is able to advise me?

[bigbadbear]

Bro,

Am not totally familiar with divorce laws in Singapore, but it seems that you should have a case against her, based on contract law. You both signed the Separation Papers and in it both of you have come to an agreement of terms on which your projected divorce should be. Now she is trying to enter new terms into the agreement which is a repudiation of the previous terms, which under Common Law is not allowed, you are likely to be abe to get an injunction to force her compliance to the issue. Now I am assuming that there was never any mention in any dialogue with her or her lawyer previously about the share of proceeds of the sale of the home, if that is really the case, the rule of privity of contract, i.e. the the assumption that the contract is only as written, that if a term was so important, it shgould and would have been written down into the written contract, then you again have a case for an injunction against her.

All that being said, I believe that you should engage a lawyer as divorce proceedings are a little different to normal business contracts, but in my limited opinion, you are likely to have a case against her for reneging on her previous stance. I am not certain as to the conditions of the CPF payments, as this subject is more the province of Singapore statuory law than it is common law as stated above. Get a lawyer to check it out and press your rights... better to have one to negotiate as well anyway.

[nokia88]

Originally Posted by jadedragon

Hi, need advice on this thing. Tried posting/checking at Bro Big Sexy (all you need about divorce) but still cant find an answer.

I and my exwife had already file for Deed of Separation 3 yrs back with all the ancillary matters stated on it. The Deed was draft by her lawyer than as i did not employed any lawyer. 3 years was up recently and I was informed to sign the consent for divorce based on deed of separation but was informed by her new lawyer that she wanted a share of the proceeds of the house when sold which is against the deed of separation as it was stated that i will gain full proceeds which she will get the car.

I am not prepared to give her anything more other than her cpf contributions + interest back which is around 20-25% which is stated as per the deed.

Had any bros came across such issues which is similar or is there any legal experts out there whom is able to advise me?

I hope you had kept a copy of the deed of separation which already states the terms and conduct of both parties during the period . Best is consult a legal associate for the matter as the deed was a binding contract for the separation , matrimony assets disbursement and monthly installments you need to pay .

[justfuck]

Best is to consult a lawyer as the SG law always protect woman, seems they always has rights to ask more but never contribute more

[jadedragon]

Well, i had a copy of the deed but what i gathered from her lawyer is that the deed is only an agreement, not a contract so its not really legal binding.. and the court will refer to it but may not adhere to what is being stated. I did check with some lawyers and was told since it was drafted by her lawyer, i will have more chances over her claim. the issue right now is i want her to follow strictly on the T & C of the Deed. Another thing is since she had breach the deed, i can sue her for time lost, profit lost over the house for the delay and also make her pay for my lawyer fees? like to know any bro had come across such situations?

[nokia88]

Originally Posted by jadedragon

Well, i had a copy of the deed but what i gathered from her lawyer is that the deed is only an agreement, not a contract so its not really legal binding.. and the court will refer to it but may not adhere to what is being stated. I did check with some lawyers and was told since it was drafted by her lawyer, i will have more chances over her claim. the issue right now is i want her to follow strictly on the T & C of the Deed. Another thing is since she had breach the deed, i can sue her for time lost, profit lost over the house for the delay and also make her pay for my lawyer fees? like to know any bro had come across such situations?

My non-legal trained understanding since she signed the deed drafted by her own lawyer it should be a legal binding contract than maybe you will have a case .

It's hard to prove opportunity costs lost but best is to engage legal advise and weight the costs of proceedings and how much more she wants .

[Subaru75]

Sorry to hear that your ex wife back out on the term and condition that been made by the lawyer but from my understanding she can have the full Cpf plus accurate interest she top up for the house and in Singapore law women act protect women interest and if you go into legal suit it will waste a lot of money and also time few question u should ask yourself
1) are u in short of money and need to sell the house urgently
2) can u buy over her share of the property ( if u still want the house)
3) How much she want from the proceed of selling the house
4) why waste money on legal which may take up long and waste money even if u win u still need to pay 30 to 40% of the legal fee but from my experience rarely man will win unless u got proof that she is caught wif adultry

Man hope these few thing help u main thing sit down talk to her calmly ask her how much she want in % and u can gauge whether isitz worth if u can settle it sooner rather then to hold on Bro Move on

[jadedragon]

Originally Posted by Subaru75

Sorry to hear that your ex wife back out on the term and condition that been made by the lawyer but from my understanding she can have the full Cpf plus accurate interest she top up for the house and in Singapore law women act protect women interest and if you go into legal suit it will waste a lot of money and also time few question u should ask ...

Bro,

for Question 1 and 2) need to sell the house was i am below 35.
3) she want the proceeds as per contribution which might comes up to about 30k.
4) I dont want to give her anything more as she already got the car 3 yrs ago which i had being paying for 2 yrs before we separate. agreed on the separation t & c so i wont sue her for adultery.

i also want to move on asap but this ***** is trying to be funny. I cant think myself of giving her another cent without putting up a fight. i felt i had being kind enough to give her face then. Never expect this ***** to bite back.

An advice for all bros here.. when its time to end the relationship, dont be stupid enough like me to let her off only to have her bite you back. Kill the serpent before it kill you.

[Subaru75]

Bro do a calculation on how much is your total proceed from Hdb web site wif your sing pass
1) are u able to pay off the Cpf contribution with interestin cash( this cmf u must return to her as even she didn't ask Cpf will persume the principal amount wif interest back to her Cpf) if u still want the house

2) if u don want the house or you have no other person to add in as a occupier or co owner (example your father or mother if they do not own any Hdb )as if u are u der 35 yr old u will need to sell
3) Do you have the proof that u have been paying for the car installment for the last 2 year
3) if can't be settle u will have to wait for court order as in how much each of you will get from the proceed but I believe that if u wail for court order in Singapore no matter what women act is still the piority and court may eventually give her even more then what she want now

So if possible do your sum and calculate how much proceed u will get in return and go on a slow talk with her and if the amount that can come to a conclusion really don waste your money in going to court fighting for the % in the proceed each will receive .I believe these money can be earn back ias time go by .....
Hope these will help u as I have done alot of cases and result end of the day women cos of the act get more den what she want so we guy still lose

[jadedragon]

Originally Posted by Subaru75

Bro do a calculation on how much is your total proceed from Hdb web site wif your sing pass ...

Bro, her cpf contributions + interest not a problem as we had agreed to give her back. Now my main issue is she want to have a share of the sales proceeds which is against the agreement as we had agreed she get the car, i get all the proceeds from the house. now she had the car and she want to share my proceeds too. where got such thing.. anyway, I had tried to get a lawyer and the lawyer had adv that SINCE its her lawyer who have draft the deed of separation, she would have got professional adv whilst on my side i do not have any lawyer then so it will be more benefitical to me. hopefully, sillypore law should still be just. if not..... sianz... got deed signed = man cant dispute while women can. wtf. I am very sure i wont give her a cent more. she had already got alot from me and i let her off instead of sueing her for adultry.

Now i am really set to fight it out. but i still like to hear more opinions from bros here. maybe someone had the same issue as me and could adv. anyway, thanks bro for your adv. up you 7 jades when my power is up.

[Aesthetic]

Originally Posted by jadedragon

Bro, her cpf contributions + interest not a problem as we had agreed to give her back. Now my main issue is she want to have a share of the sales proceeds which is against the agreement as we had agreed she get the car, i get all the proceeds from the house. now she had the car and she want to share my proceeds too. where got such thing.. anyway, I had tried to get a lawyer and the lawyer had adv that SINCE its her lawyer who have draft the deed of separation, she would have got professional adv whilst on my side i do not have any lawyer then so it will be more benefitical to me. hopefully, sillypore law should still be just. if not..... sianz... got deed signed = man cant dispute while women can. wtf. I am very sure i wont give her a cent more. she had already got alot from me and i let her off instead of sueing her for adultry.

Now i am really set to fight it out. but i still like to hear more opinions from bros here. maybe someone had the same issue as me and could adv. anyway, thanks bro for your adv. up you 7 jades when my power is up.

Would it be possible for you to transfer all existing properties to someone else?

[jadedragon]

Nope. cant be transfered.

[big wood]

bro sad story but be strong and fight for your right 3 big cheers for u

[Aesthetic]

Originally Posted by jadedragon

Nope. cant be transfered.

It's really funny how women are capable of surviving for an average of twenty five years without a men but the moment they are officially divorced with their legal spouse they demand alimony. You should be prepared, both financially and mentally, to pay her a monthly maintenance sum equivalent to 50% of your pay check. Should this come to pass write in to the strait times and raise the issue.

[marker75]

bro,

all documents signed by 2 agreeing parties with a witness forms a legal binding contract in the eyes of the law.

the deed of separation is definitely legally binding. Why would the court use it if its not? It is a DEED! not only it is legally binding, its one of the docs where it needs to be lodge! and its a very important document!

the DOS states all the terms which you mention she gets the car, you get the house. these are the fundamental points agreed upon thats why you signed the doc. there is NO WAY she can go around that.

Hold firm to your ground that no way she will get the monies from the house and USE the DOS to highlight the point that she signed the DOS prepared by her lawyer. DO NOT PAY HER A SINGLE CENT from the proceeds! you have all the rights to the claims of proceeds. (she doesnt)

You claimed that you have paid for the car installments for 2 years after she got the car, i will assume its all giro payment (installments from your bank account). get prepared, call your bank and do extracts of prove of such payments. (if things turn ugly you can use this docs to 'enlarge' your financial losses and turn things to your favor)

Now the important thing is this, i assume you are selling the house currently and the tansaction is about to be done. which also means the money is about to come in. THIS IS THE MOST IMPORTANT PART : TELL THE LAWYER NOT TO ISSUE ANY PROCEEDS till your ex agree on not taking a single cent or the court issues order for your right of claim (assuming you take the case to court) AND DO NOT SIGN ANY DOCUMENTS WITH REGARDS TO ALLOWING THE LAWYER TO ISSUE THE PROCEEDS unless all the forms are fully filled in your favor.

next, you will have to sit down with your ex and tell her straight in the face:
1) THE DEED IS LEGALLY BINDING (highlight the part tat she will not take any part of the house)
2) You continued to pay for the car (from the banks extracts statements) thus you fulfilled your part of the DOS.
3) She is trying to breach a DOS, thus challenging the papers she signed which definitely work against her favor. YOU HAVE THE UPPER HAND FOR SURE.

FINALLY TELL HER YOU WILL FIGHT THE CASE REGARDLESS OF WHAT HAPPENS. then ask her to F%^& off and live her life instead of trying to leach onto your monies. (you may need to engage a lawyer to do up the correspondant letters if she persist)

Basically, the doc works in your favor and in all ways you have done your part as stated in the DOS. the chances for you is much much higher. the womens charter dont come into play here cos of the DOS she signed earlier. dont worry about it.

and if the lawyer for the house transaction is your friend try to work it out such that you can actually get the full proceeds, bank it in your own account. then take the case with your ex. (i think you know what i mean )

All in all, DO NOT GIVE IN! NOT A SINGLE BIT. after a broken relationship (watever the reason), the women will ALWAYS SUCK YOU DRY FINANCIALLY if you give in!!!!

Speaking from experiences... lol...