UNDERSTANDING THE LEGAL IMPLICATIONS OF DIVORCE ON MATRIMONIAL PROPERTIES IN SINGAPORE

Abstract

The escalating number of divorce cases observed in the last few years brought rise to the number of ancillary proceedings in the Family Court of Singapore. A new Part IIIA of the CPF Act was introduced in October 2007 to streamline the transfer of matrimonial property. This dissertation aims to identify the problems in the division of the matrimonial property upon a divorce and to provide recommendations that allow the courts to arrive at a just and equitable outcome. The first part of the methodology employed involved the examination of legal judgments from 2000 to 2008. Data on the amount of CPF monies contributed by spouses, the amount of proportions the court awarded as well as the timeframe given to dispose off the property were collected and discussed. These three aspects significantly affect the transfer and the sale of the property. Interviews with lawyers formed the second part of the investigation where ideas and perceptions were gathered. This also served as an opportunity for the author to endorse the findings in his earlier assessment of the problem. The findings revealed that the main problem before the new CPF Act were due to the large amount of CPF monies required in the transfer of the matrimonial property. Other issues in the current legislations that could restrict the court in making an equitable order were also identified. It was suggested that several amendments of the current legal system can offer much flexibility and fairness in the court orders.