Quote:
Originally Posted by xxx_OrOcO_xxx
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.
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Hi bro,
Thanks a lot for your kind guidance. May I know why not able to file for annulment?
I think I can only file for divorce under unreasonable behavior.
Regarding the Deed of Separation, if both parties agree then still have to wait for 3 years then can divorce? What’s the difference between agreed and non-agreed? I googled but don’t really understand.
What if she starts throwing and breaking stuffs again or she throws stuffs at me (whether injured or not injured) and I file for police report and then apply for PPO?
Does it helps?
This is my first marriage and also for the law firms that you recommended, are there any specific male lawyers who I can look for?
Any tips to protect my assets as well?
I would like to end this asap whereas possible.
We can pm if you like.
Thanks again!