PRC Divorce issues

[lightning]

Hi Guys, recently i have a female PRC friend who went back to China already and was neglected by her husband who has extra-martial affairs. She wanted to divorce with him and her husband does not wants to fork out the money to divorce. Therefore it is correct that after 3 years without renewing her S-pass, they will be automatically divorced?

[virginboy]

Hi Bro,

You'll need to give more details. What does her S-Pass got to do wth her divorce? It's quite a funny question here.

[lightning]

Hi Bro,

You'll need to give more details. What does her S-Pass got to do wth her divorce? It's quite a funny question here.

Normally if you got a PRC spouse, you need to apply S Pass for her to stay in Sinkapore. Just wondering whether if it expires more than 3 years. Does the divorce be effective ???

[michaelrocksam]

bro lightning blue raya,

1. S pass application - immigration
2. Marriage /divorce - ROM / Family court

they are 2 different issues.

If she is back in China she is still legally married to her husband whether 3 years or 300 years. She has to file for divorce through Family court to make the separation final. She can apply for legal aid but there are conditions to free legal help.

If she is denied S pass renewal it has nothing to do with the marriage, if for another case the wife is not allow to renew she still can come back on a long term visit pass, so the 2 issues are exclusive from each other.

[lightning]

bro lightning blue raya,

1. S pass application - immigration
2. Marriage /divorce - ROM / Family court

they are 2 different issues.

If she is back in China she is still legally married to her husband whether 3 years or 300 years. She has to file for divorce through Family court to make the separation final. She can apply for legal aid but there are conditions to free legal help.

If she is denied S pass renewal it has nothing to do with the marriage, if for another case the wife is not allow to renew she still can come back on a long term visit pass, so the 2 issues are exclusive from each other.
Yo thanks bro :D

[gugugege]

bro lightning, u said she holds an S-pass, tat means she has certain qualifications or skills tat r recognised by d MOM n she earns more than S$1,800.00 per mth, otherwise MOM wld not hv issued her d S-pass. n tat wld also means tat her S-pass has nothing to do wif her marriage or her husband.

Why has she returned to PRC?

Anyhow, unless she has very gd reason why she wanted a divorce, otherwise she cld just go to d Family Court to apply for a maintenance summons against her husband. (esp if her marriage is less than 3 years - they cannot go for divorce). Make her husband pay her monthly maintenance lor. If tat guy is earning a gd income of say, $5K, she shd be able to get d Court to order him to pay her monthly maintenance of abt $1.5K. Therefore, if they hv not been married for 3 years yet, she can "make" some money from her husband for d time being (as long as they stayed married) instead of her going back to PRC n meanwhile wasting her time. :)

[lightning]

bro lightning, u said she holds an S-pass, tat means she has certain qualifications or skills tat r recognised by d MOM n she earns more than S$1,800.00 per mth, otherwise MOM wld not hv issued her d S-pass. n tat wld also means tat her S-pass has nothing to do wif her marriage or her husband.

Why has she returned to PRC?

Anyhow, unless she has very gd reason why she wanted a divorce, otherwise she cld just go to d Family Court to apply for a maintenance summons against her husband. (esp if her marriage is less than 3 years - they cannot go for divorce). Make her husband pay her monthly maintenance lor. If tat guy is earning a gd income of say, $5K, she shd be able to get d Court to order him to pay her monthly maintenance of abt $1.5K. Therefore, if they hv not been married for 3 years yet, she can "make" some money from her husband for d time being (as long as they stayed married) instead of her going back to PRC n meanwhile wasting her time. :)

She left because she cannot tahan her husband brings other women to their home plus he has been neglecting her and not even give her allowances. She does not have a job to to maintain daily life. therefore she has left him after her friend agreed to pay for her to return back:o Heard that as long as spouse is caught having affair, it is a vaild reason for divorce. but whoever brings this as a court case need to pay $3000 plus. Her husband of course dun want to pay plus he can save $3000 for his flings, my friend also does not have this amount and she is in china now. What her concern is that if she has to remarry or find a job, her status is still MARRIED. Which this seems unfair to her

[michaelrocksam]

bro lighthning,

this gugugege is giving all the wrong advice.

like u say extra marital affairs are enuff grounds, dun need to wait for 3 years of marriage. This is the waiting period after separation, can be 2 or 3 depending on the litigants' preference.

Monthly Maintenance is not a easily enforced. U ask around, many families faced with spouse's desertion dun get much maintenance after a while or none at all.

The best way is that since no kids dun hope for maintenance.

Bro lighthning, check with legal aid bureau how u can help your friend since your friend has no income. But your friend is not a PR, check it out anyway.

[lightning]

bro lighthning,

this gugugege is giving all the wrong advice.

Bro lighthning, check with legal aid bureau how u can help your friend since your friend has no income. But your friend is not a PR, check it out anyway.
That is why i am here to check out if any of guys has bumped into such messy situation before. Legal Aid Bureau??? Where to find such center and how to approach and thanks in advance to any bros who can kindly advise on such matters:):D My friend is trying to get out of her married status

[Grandluxe]

Bro lighthning, check with legal aid bureau how u can help your friend since your friend has no income. But your friend is not a PR, check it out anyway.

legal aid bureau only for Singaporean!! Not for foreigners.

[cgcgcg]

legal aid bureau only for Singaporean!! Not for foreigners.

Base on my experience with PRC, for some reason, they 1st married on local man, after a while, they start looking around for better offer, they will find way and mean to get out of the marriage to jump to better boat once they secure one. PRC know how to control our local man and very unlikely the local man has chance to steal eat outside.

Your case is not the norm.

[lightning]

Base on my experience with PRC, for some reason, they 1st married on local man, after a while, they start looking around for better offer, they will find way and mean to get out of the marriage to jump to better boat once they secure one. PRC know how to control our local man and very unlikely the local man has chance to steal eat outside.

Your case is not the norm.

Bro u have mistaken as i have known her inside out as assuring that she is not such a person. plus she does not goes ard having affairs even her husband had eaten outside. been consoling her for months before she leave for prc:o

[michaelrocksam]

bro lightning,

the link is here MinLaw - FAQs (http://www.ifaq.gov.sg/minlaw/apps/fcd_faqmain.aspx?qst=2fN7e274RAp%2bbUzLdEL%2fmCxs7 iwcgv8gv2atNDOvsLAAuMz%2fPJiI%2fJHAZWIjzykJ1eMVCpI kWAt0UiqcTBrnBmWnAU2mEHOxv%2fWqfS505Vonm%2fYAIBck% 2bqeu%2fmU3cIciNEhxQ8ZxdLWIxM2wrwo%2bfiDSKcnauNNpu UF2htQRVey6WJPVsp4M9orQ5GVytkeaVW%2fcty4QClAFbrb0A 7HWaFYEZQolWjE9NGAIGhyWtklOyPTNHtwDOQ%3d%3d)

3. Who is eligible for legal aid?

Briefly, to qualify for legal aid,

a) you have to be a Singapore Citizen or a Singapore Permanent Resident and is present in Singapore;

b) you have to satisfy the “Means Test”. Your disposable income, that is, your income for the past 12 months before the date of application for legal aid and after deducting prescribed allowances, must not exceed $10,000/-, and your disposable capital must not exceed $10,000/-; and

(c) there must be merits in your case (the ”Merits Test”)

If you do not satisfy the Means Test but are facing hardship, the Director of Legal Aid may extend legal aid to you (subject to the requirements of the Merits Test) if:
1. You satisfy certain statutory provisions; and
2. It appears to him in his absolute discretion to be reasonable to do so to relieve hardship

7. How do I apply for legal aid and advice?

If you require legal aid or advice, you can come to the Bureau during our office hours to make an application. Please bring along your Identity Card and $1.00 for the registration fee.

When you apply for legal aid, our Customer Service Officers will take you through the Means test by asking you questions about your income and assets. The merits of your case will also be assessed by a legal officer assigned to handle your case.

If you are a minor (i.e. a person below 21 years of age), your parent or guardian must apply on your behalf.

[lightning]

bro lightning,

the link is here MinLaw - FAQs (http://www.ifaq.gov.sg/minlaw/apps/fcd_faqmain.aspx?qst=2fN7e274RAp%2bbUzLdEL%2fmCxs7 iwcgv8gv2atNDOvsLAAuMz%2fPJiI%2fJHAZWIjzykJ1eMVCpI kWAt0UiqcTBrnBmWnAU2mEHOxv%2fWqfS505Vonm%2fYAIBck% 2bqeu%2fmU3cIciNEhxQ8ZxdLWIxM2wrwo%2bfiDSKcnauNNpu UF2htQRVey6WJPVsp4M9orQ5GVytkeaVW%2fcty4QClAFbrb0A 7HWaFYEZQolWjE9NGAIGhyWtklOyPTNHtwDOQ%3d%3d)

3. Who is eligible for legal aid?

Briefly, to qualify for legal aid,

a) you have to be a Singapore Citizen or a Singapore Permanent Resident and is present in Singapore;

b) you have to satisfy the “Means Test”. Your disposable income, that is, your income for the past 12 months before the date of application for legal aid and after deducting prescribed allowances, must not exceed $10,000/-, and your disposable capital must not exceed $10,000/-; and

(c) there must be merits in your case (the ”Merits Test”)

If you do not satisfy the Means Test but are facing hardship, the Director of Legal Aid may extend legal aid to you (subject to the requirements of the Merits Test) if:
1. You satisfy certain statutory provisions; and
2. It appears to him in his absolute discretion to be reasonable to do so to relieve hardship

7. How do I apply for legal aid and advice?

If you require legal aid or advice, you can come to the Bureau during our office hours to make an application. Please bring along your Identity Card and $1.00 for the registration fee.

When you apply for legal aid, our Customer Service Officers will take you through the Means test by asking you questions about your income and assets. The merits of your case will also be assessed by a legal officer assigned to handle your case.

If you are a minor (i.e. a person below 21 years of age), your parent or guardian must apply on your behalf.

Thanks a million :D:D but too bad she is not a local to get divorce by applying legal aid:o

[Longitude]

Whatever the ground there is still a 3-year bar before one can apply for divorce. However, this bar may be lifted if one can prove that there is hardship.

Dont need to check this. Its the truth.

[gugugege]

[QUOTE=michaelrocksam;4021997]bro lighthning,

this gugugege is giving all the wrong advice.

like u say extra marital affairs are enuff grounds, dun need to wait for 3 years of marriage. This is the waiting period after separation, can be 2 or 3 depending on the litigants' preference.QUOTE]

bro, u said i give wrong advice, from wat u hv said i know straightaway u r not a lawyer. watever d ground (unless d plaintiff is alleging non-consumation of d marriage) d couple has to live wif their marriage for 3 years b4 they cld file for divorce under ground of unreasonable behaviour (or on ground of 3-years separation wif d other spouse's consent to dissolve d marriage).

there r more technicalities involving divorce n i m not at liberty to say more of it here. u better go n get your own fact right b4 u say i m giving wrong advice. :rolleyes:

[gugugege]

Whatever the ground there is still a 3-year bar before one can apply for divorce. However, this bar may be lifted if one can prove that there is hardship.

Dont need to check this. Its the truth.

thank u bro longitude. from such an affirmative response i think i know who u r already. :)

bro lightning n michaelrocksam, if d marriage is less than 3 years, n d plaintiff really experiencing hardship living wif his/her spouse, d plainiff wl hv to make an application to d Court for grant of leave for him/her to file d application for divorce - stating very clearly d grounds as to why he/she needs d Court to dissolve d marriage of less than 3 years.

So there is tis extra (pre-divorce summons application to b made) step to b applied to Court for grant of leave b4 d plaintiff cld file for divorce. And it is not tat ez to obtain leave from d Court to allow him/her to fille d divorce proceedings proper.

[Longitude]

If your friend were to make the application for leave to file the writ before 3 years have past the husband is likely to object. By the time the matter is heard, 3 years would have past. Therefore, making the application superfluous.

Like what bro gugugege said, your friend should apply for maintenance. Enforcement of maintenance order will be difficult if the husband does not hold a stable job or is a vagabond. But its worth trying and it costs less than $20 to make the application.

[ganbei]

Hi TS. What does that michael knows? A little knowledge is a dangerous thing.

[lightning]

If your friend were to make the application for leave to file the writ before 3 years have past the husband is likely to object. By the time the matter is heard, 3 years would have past. Therefore, making the application superfluous.

Like what bro gugugege said, your friend should apply for maintenance. Enforcement of maintenance order will be difficult if the husband does not hold a stable job or is a vagabond. But its worth trying and it costs less than $20 to make the application.

But currently my friend is in china how to enforce maintenance??? Her husband is still working and belived to have approximately 1.8k per month.

[Longitude]

But currently my friend is in china how to enforce maintenance??? Her husband is still working and belived to have approximately 1.8k per month.

She has to come to Singapore and file the application in our Family Court. Someone there will help her. Do it soon. For all you know her husband may file against her for desertion.