Based on the facts you have provided:
1. You are not able to file for divorce at this time. Both Parties (Plaintiff and Defendant) need to be married
at least 3 years, before filing for divorce.
However, either party can still file for divorce
if either party can provide evidences on
exceptional depravity or
exceptional hardship. Examples of exceptional depravity can be: either party do not wish to engage in sexual intercourse or do not want to make love, do not allow physical intimacy etc. In your case, it is not. In my opinion, there is no exceptional hardship too.
So, for your specific situation, if you cannot live with her, my humble suggestion is to live on your own immediately. The positive side is that you are not in any physical violence with your current spouse. Because once there is family violence involved, usually the male spouses are not in any advantageous position. So, now its a good time for you to stay away from her, to avoid any physical conflict, and live on your own basis. This will be known as Separation.
Again, depending on what you wishes to do: you may filed for Deed of Separation - and this will require both Parties' agreement. If both parties cannot agree on the Deed of Separation, both parties need to be separated for at least 3 years to be divorced.
Filing for Annulment of Marriage - marriage never existed and was never valid: this option
NOT valid for your circumstances
2.
Only one ground for getting a divorce: that the marriage between two Parties has broken down irretrievably. Just need one fact to prove irretrievable breakdown of marriage:
- Adultery i.e. extramarital affairs
- Unreasonable behaviour i.e. family violence
- Desertion: Defendant has deserted Plaintiff for 2 years with no intention of returning
- Living Apart: I. Parties have lived apart for 3 years and the Defendant consents to divorce
OR II. Parties have lived apart for 4 years (Without the consent of both parties).
3. Is this your first marriage or second? As for your current wife who is a Malaysian PR in Singapore - with alimony or maintenance from previous marriage SGD200k, the Family Justice Courts and/or the relevant Judge(s) do take note of this detail. In my humble opinion, this should be able to help you in terms of maintenance for her: maybe less maintenance or no maintenance at all, depending the circumstances of the case.
4. Whether one should be the one first Party to commence divorce proceedings,
usually does not make a difference. However, the first Party to commence the divorce proceedings will be known as the Plaintiff, the responding Party will be Defendant.
Again, I am giving an opinion based on what you have mentioned here. So my suggestion is to first seek relevant legal advice via a family practice lawyer or walk-in legal clinics i.e. Community Justice Centre at State Courts building in Chinatown.
5. Good family law firms you can consider: PKWA Law, Evershed Harry Elias, Drew Napier.
Quote:
Originally Posted by garcia23
Hi all,
I might have to go through divorce soon. We are married for close to 1 year and I am the one taking care of everything in the house including all monthly household expenses to doing her laundry and taking care of our pets. We have no children and all she does is only work and come back home to sleep and of course sex is like once every 3-4 weeks.
She do not need to worry abt a single thing in the house and her only contribution is part of the mortage loan of $300. Ours is a resale flat and I paid from downpayment to reno to furnitures etc almost everything and she only came out with $20k which is part of the reno costs.
Lastly is our car which i am also paying for everything and she is the only one who drives everyday so she pays for fuel and cashcard only.
All the above involving money was documented except for performing housework.
Why i will think of divorce is because we always fight and argue over the slightest things and she will always threatened to divorce. Sometimes in the end both of us will end up with injuries because she will always be the first to start verbal abuse and then to throw stuffs at me then to throwing slaps and punches. It has been going on since we got married and really showing her true colors. She appreciates nothing done by me and only find faults when she is in a bad mood.
She is a jiuhu pr and was a divorcee before. I only knew she was the defendant and her ex gave her $200k after divorce. May i know should i let her file for divorce first and should i file first or there is no difference? From now on what should i do to protect myself including my assets? Can some nice bros recommend good lawyers to mitigate my potential losses?
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