Divorces between financially sophisticated spouses often involves judges and lawyers encountering trusts issues when the topics of maintenance and the division of matrimonial assets arise. In turn, this has led to the coexistence of family law and trust law. A trust arises where one holds property on another’s behalf. The person holding the property on…...

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When is a person guilty of using “criminal force”? Criminal force under Section 350 is a charge that is taken very seriously in Singapore. This is especially when criminal force is used in furtherance of sexual crimes such as outrage of modesty or in cases of wrongful confinement as well as cases which deter a…...

I’m not a parent. Can the court still force me to pay for a child’s maintenance? Yes. The court may make you liable for the maintenance of someone else’s child if the child has been accepted as a member of your family, and if the father or mother of the child fails to maintain him/her.…...

This blog post will first lay out the general elements of theft under Section 378 of the Penal Code. It will then focus on shoplifting and will examine and explain the benefits of community based sentences instead of custodial sentences (imprisonment). When is a person punished under Section 378 for theft? Theft under Section 378…...

Does the law recognize agreements I entered into with my other spouse? The law recognizes marital agreements, as there is nothing wrong in parties, who are about to be married or are seriously contemplating marriage, agreeing on various matters that are to take place after marriage. However, a marital agreement is unlawful if it negates…...

Does my soon to be ex-spouse retain (i.e donor spouse) all the gifts he has given me or will they be subjected to the laws on division of matrimonial assets? There are 2 types of gifts spouses give each other during the marriage. Types of gifts Explanation Explanation Inter-spousal re-gift An item acquired by the…...

What is the DOS about? A DOS is a private document which may be revoked at any time with the consent of both parties. There are two categories the deed must contain. Terms of the separation (i.e date when the parties have been separated) Ancillary issues pertaining to the issues of child custody, care and…...

In granting care and control to one parent, factors that a court may take into consideration include the gender of the parent, continuity of living arrangements for the child and the lifestyle of each parent. Gender of the Parent Although the laws have evolved towards achieving sex-neutrality, there is nevertheless an inherent difference between the…...

What happens if a third party files a separate legal suit claiming interest over the matrimonial assets? Must the ancillary matters be postponed until the civil action is concluded, or could the two matters be consolidated and heard together under the same court? The answer depends on a host of factors, such as the court…...