Report on Family Law Case
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Added on 2020-05-04
Report on Family Law Case
Added on 2020-05-04
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Running head: FAMILY LAWFamily LawName of the StudentName of the UniversityAuthor Note
1FAMILY LAWTable of ContentsQuestion 1........................................................................................................................................2Issue.............................................................................................................................................2Rule/Law......................................................................................................................................2Application..................................................................................................................................4Conclusion...................................................................................................................................6Question 2........................................................................................................................................6Issue.............................................................................................................................................6Rule/Law......................................................................................................................................6Application..................................................................................................................................7Conclusion...................................................................................................................................8Reference List..................................................................................................................................9
2FAMILY LAWQuestion 1Issue Whether the divorce would have an impact on X’s financial position and her right to inheritanceafter X’s deathRule/LawIn the legal parlance, the term ‘divorce’ refers to the statutory procedure signifyingtermination of marital relationship. The first and foremost ground for termination of marriage isthat the marriage has been permanently broken down and under no circumstances; the parties tothe marriage can live together as spouses. The Family Justice Courts has jurisdiction to deal with civil matters such as marriagesand the Women’s Charter governs the laws related to dissolution of marriages in Singapore.There are certain grounds based on which a person may file a divorce application and suchgrounds merely establish the fact that the marriage has been irretrievably broken down.However, there are certain per-conditions for divorce as well which are as enumerated as below:a)Married for at least 3 years- it is mandatory to be married for minimum 3 years beforefiling a divorce application. According to section 94 of the Women’s Charter, unless theperson filing the divorce petition has been married for 3 years. nevertheless, in particularcases, a divorce may be filed before the completion of 3 years of marriage provided theperson filing the petition establishes that he/she has suffered exceptional hardship orhis/her spouse has been extraordinarily cruel and unreasonable.
3FAMILY LAWb)Domicile- the applicant or his/her spouse must be a permanent citizen of Singapore ortreat the country as his/her permanent abode. The applicant must have been residing inthe country for 3 years immediately before the commencement of the divorceproceedings. The grounds for divorce are as follows: 1)Unreasonable Behavior- the applicant must establish that his/her spouse has behaved in away that makes it is reasonably impossible for the applicant to live together. 2)Adultery- the applicant must establish that his/her spouse has committed adultery and it isintolerable for the applicant to reside with him/her. 3)Separation- the applicant must establish that his/her spouse has been separated from him/her for 3 years or a period of 4 years and they are living apart from each other.4)Desertion- the applicant must establish that his/her spouse has deserted him/her for atleast 2 years immediately prior to the commencement of the divorce proceedings. The ground based on which Y wishes to file a divorce application is the ground of separation.In Singapore, the applicants may establish the claim of separation wither informally without anywritten document or through a separation agreement and lastly, through a judicial separationjudgment. In Singapore, a marriage can be proved to be irretrievably broken either on fault or ano fault basis on part of either or both the spouses. In the event a divorce petition is filed on no-fault basis, the applicant must establish the following grounds as stipulated under section 95(3)(d) and (e) of the Women’s Charter:
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