[king_georgebush]

Rights and duties
46. (1) Upon the solemnization of marriage, the husband and the wife shall be mutually bound to co-operate with each other in safeguarding the interests of the union and in caring and providing for the children.
(2) The husband and the wife shall have the right separately to engage in any trade or profession or in social activities.
(3) The wife shall have the right to use her own surname and name separately.
(4) The husband and the wife shall have equal rights in the running of the matrimonial household.
Duty of judge to consider possibility of reconciliation
49. (1) A court before which
(a) proceedings for divorce or judicial separation;
(b) proceedings, are being heard shall consider, from time to time, the possibility of a reconciliation of the parties.
(2) If, during such proceedings, it appears to the judge from the nature of the case, the evidence in the proceedings or the attitude of the parties that there is a reasonable possibility of a reconciliation of the parties, the judge may do all or any of the following:
(a) adjourn the proceedings to give the parties the opportunity to consider a reconciliation or to enable anything to be done in accordance with paragraph (b) or (c);
(b) with the consent of the parties, interview them in chambers, with or without their solicitors, as the judge thinks proper, to assist in a possible reconciliation; and
(c) nominate a Conciliation Officer or some other suitable person or organisation to assist in considering a possible reconciliation.
(3) If, not less than 14 days after an adjournment under subsection (2), either of the parties requests that the hearing be proceeded with, the judge shall resume the hearing, or arrangements shall be made for the proceedings to be dealt with by another judge, as the case requires, as soon as practicable.
(4) Where a judge has acted as conciliator under subsection (1) (b) but the attempt to effect a reconciliation has failed, the judge shall not, except at the request of the parties to the proceedings, continue to hear the proceedings, or determine the proceedings, and, in the absence of such a request, arrangements shall be made for the proceedings to be dealt with by another judge.
(5) Evidence of anything said, or of any admission made, in the course of an endeavour to effect a reconciliation under this section shall not be admissible in any court.
Court may refer parties for mediation or to attend counselling
50. (1) A court before which any proceedings under this Act (other than proceedings under section 104) are being heard may give consideration to the possibility of a harmonious resolution of the matter and for this purpose may, with the consent of the parties, refer the parties for mediation by such person as the parties may agree or, failing such agreement, as the court may appoint.
(2) A court before which any proceedings under this Act (other than proceedings under section 65 or 66) are being heard may, if it considers that it is in the interests of the parties or their children to do so, at any stage in the proceedings direct or advise either or both of the parties or their children to attend counselling provided by such person as the Minister may approve or as the court may direct.
(3) Failure to comply with any direction or advice referred to in subsection (2) does not constitute a contempt of court.
(4) Evidence of anything said, or of any admission made, in the course of any mediation or any counselling under this section shall not be admissible in any court.
Capacity of married women
51. Subject to the provisions of this Act, a married woman shall
(a) be capable of acquiring, holding and disposing of, any property;
(b) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation;
(c) be capable of suing and being sued in her own name either in tort or in contract or otherwise and shall be entitled to all remedies and redress for all purposes; and
(d) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders
in all respects as if she were a feme sole.
Property of woman to be held by her as feme sole
52. (1) Subject to the provisions of this Act, all property which
(a) ) immediately before 15th September 1961 was the property (including the separate property) of a married woman or held for her separate use in equity;
(b) belongs at the time of her marriage to a woman married after 15th September 1961; or
(c) after 15th September 1961 is acquired by or devolves upon a married woman,
shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly.
(2) Nothing in subsection (1) shall
(a) be construed as affecting adversely the right of any married woman to any property which she had immediately before 15th September 1961; or
(b) interfere with or render inoperative any valid restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision contained in any written law in force immediately before 15th September 1961, or in any instrument executed before that date.
(3) Any instrument executed on or after 15th September 1961 shall, in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.
(4) For the purposes of this section relating to restrictions upon anticipation or alienation
(a) an instrument attaching such a restriction as aforesaid, executed on or after 15th September 1961, in pursuance of an obligation imposed before that date to attach such a restriction, shall be deemed to have been executed before that date;
(b) a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and
(c) the will of any testator who dies after 15th September 1961, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after that date.
Loans by wife to husband
53. Any money or other estate of the wife, lent or entrusted by her to her husband for the purpose of any trade or business carried on by him or otherwise, shall be treated as assets of her husband抯 estate in case of his bankruptcy under reservation of the wife抯 claim to a dividend as a creditor for the amount or value of such money or other estate after, but not before all claims of the other creditors of the husband for valuable consideration in money or money抯 worth have been satisfied.
Money and property derived from housekeeping allowance
54. If any question arises as to the right of a husband or wife to money derived from any allowance made by the husband for the expenses of the matrimonial home or for similar purposes, or to any property acquired out of that money, the money or property shall, in the absence of any agreement between them to the contrary, be treated as belonging to the husband and the wife in equal shares.
Gifts by husband to wife
55. (1) Nothing in this Part shall give validity, as against creditors of the husband, to any gift by a husband to his wife of any property which, after such gift, continues to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors.
(2) Any money deposited or invested in the manner referred to in subsection (1) may be followed as if this Act had not been passed.
Remedies of married woman for protection and security of property
56. (1) Every married woman shall have in her own name against all persons whomsoever, including her husband, the same civil remedies and also, subject as regards her husband to subsection (3), the same remedies and redress by way of criminal proceedings for the protection and security of her own property as if that property belonged to her as a feme sole.
(2) In any charge or other proceeding under this section, it shall be sufficient to allege that property to be her property.
(3) No criminal proceedings shall be taken against a husband or wife while they are living together as to or concerning any property claimed by her or him respectively nor while they are living apart as to or concerning any act done by the husband or wife while they were living together concerning property claimed by the wife or husband respectively unless that property has been wrongly taken by the husband or wife when leaving or deserting or about to leave or desert the wife or husband respectively.
(4) In any action or proceeding by a woman or by a next friend on her behalf, the court before which that action or proceeding is pending shall have jurisdiction by judgment or order to order payment of the costs of the opposite party out of property which is subject to a restraint on anticipation, and may enforce such payment by the appointment of a receiver and the sale of the property or otherwise as is just.
Wife抯 antenuptial debts and liabilities
57. (1) A woman after her marriage shall continue to be liable for all debts contracted and all contracts entered into or wrongs committed by her before her marriage, including any sums for which she is liable as a contributory, either before or after she has been placed on the list of contributories under and by virtue of the Companies Act (Cap. 50).
(2) A woman referred to in subsection (1) may be sued for any such debt and for any liability in damages or otherwise under any such contract or in respect of any such wrong.
Actions in tort between husband and wife
58. (1) Subject to this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.
(2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears ?
(a) that no substantial benefit would accrue to either party from the continuation of the proceedings; or
(b) that the question or questions in issue could more conveniently be disposed of on an application made under section 59.
(3) Without prejudice to subsection (2) (b), the court may, in such an action, either exercise any power which could be exercised on an application under section 59, or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.
Questions between husband and wife as to property to be decided in summary way
59. (1) In any question between husband and wife as to the title to or possession of property, either party may apply by summons or otherwise in a summary way to any Judge of the High Court, and the Judge may make such order with respect to the property in dispute and as to the costs of and consequent on the application as he thinks fit, or may direct the application to stand over, and any inquiry touching the matters in question to be made in such manner as he thinks fit.
(2) Any order made under this section shall be subject to appeal in the same way as an order made by the same Judge in an action pending in the High Court.
(3) The Judge may, if either party so requires, hear any such application in his chambers.
(4) An application may be made under this section by either of the parties to a marriage notwithstanding that their marriage has been dissolved or annulled so long as the application is made within the period of 3 years beginning with the date on which the marriage was dissolved or annulled.
(5) References in this section to a husband or a wife shall be construed accordingly.
Married woman as an executrix or trustee
60. A married woman who is an executrix or administratrix, alone or jointly with any other person or persons, of the estate of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sue or be sued, and may transfer or join in transferring any movable or immovable property belonging to the estate or trust without her husband as if she were a feme sole.
Saving of existing settlements and power to make future settlements
61. (1) Nothing in this Part shall interfere with or affect any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of any married woman, or shall interfere with or render inoperative any restriction against anticipation at present attached or to be hereafter attached to the enjoyment of any property or income by a woman under any settlement, agreement for a settlement, will or other instrument.
(2) No restriction against anticipation contained in any settlement or agreement for a settlement of a woman抯 own property, to be made or entered into by herself, shall have any validity against debts contracted by her before marriage, and no settlement or agreement for a settlement shall have any greater force or validity against creditors of that woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors.
Liability for breach of trust
63. The provisions of this Part as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage, and her husband shall not be subject to those liabilities unless he has acted or intermeddled in the trust or administration.
PART 8 - MAINTENANCE OF WIFE AND CHILDREN Duty of parents to maintain children
68. Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, and whether they are legitimate or illegitimate, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof.
Court may order maintenance of wife and children
69. (1) Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a District Court or a Magistrate抯 Court and that Court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance.
(2) A District Court or a Magistrate抯 Court may, on due proof that a parent has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself, order that parent to pay a monthly allowance or a lump sum for the maintenance of that child.
(3) An application for the maintenance of a child under subsection (2) may be made by
(a) any person who is a guardian or has the actual custody of the child;
(b) where the child has attained the age of 21 years, by the child himself;
(c) where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years; or
(d) any person appointed by the Minister.
(4) The court, when ordering maintenance for a wife or child under this section, shall have regard to all the circumstances of the case including the following matters:
(a) the financial needs of the wife or child;
(b) the income, earning capacity (if any), property and other financial resources of the wife or child;
(c) any physical or mental disability of the wife or child;
(d) the age of each party to the marriage and the duration of the marriage;
(e) the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;
(f) the standard of living enjoyed by the wife or child before the husband or parent, as the case may be, neglected or refused to provide reasonable maintenance for the wife or child;
(g) in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained; and
(h) the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.
(5) The court shall not make an order under subsection (2) for the benefit of a child who has attained the age of 21 years or for a period that extends beyond the day on which the child will attain that age unless the court is satisfied that the provision of the maintenance is necessary because
(a) of a mental or physical disability of the child;
(b) the child is or will be serving full-time national service;
(c) the child is or will be or (if an order were made under subsection (2)) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
(d) special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order.
(6) An order under subsection (2) ceases to be in force on the day on which the child attains the age of 21 years unless the order is expressed to continue in force for a period ending after that day.
(7) An order under subsection (2) may direct payment to the person having custody or care and control of the child or the trustees of the child.
(8) When ordering the payment of maintenance under this section or at any time after the making of the order, the court may, if it considers just, order the person liable to pay the maintenance to secure the whole or any part of it by vesting any property belonging to the person in trustees upon trust to pay the maintenance or any part of it out of the income from the property, and subject thereto, in trust for the settlor.
(9) The court shall have the powers conferred by section 85 in respect of proceedings relating to maintenance under this section.
Duty to maintain child accepted as member of family
70. (1) Where a person has accepted a child who is not his child as a member of his family, it shall be his duty to maintain that child while he remains a child, so far as the father or the mother of the child fails to do so, and the court may make such orders as may be necessary to ensure the welfare of the child.
(2) The duty imposed by subsection (1) shall cease if the child is taken away by his father or mother.
(3) Any sums expended by a person maintaining that child shall be recoverable as a debt from the father or mother of the child.

(4) An application for an order under subsection (1) may be made by
(a) any person who is a guardian or has the actual custody of the child;
(b) where the child has attained the age of 21 years, by the child himself;
(c) where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years; or
(d) any person appointed by the Minister.
Enforcement of maintenance order
71. (1) If any person fails to make one or more payments required to be made under a maintenance order, the court which made the order may do all or any of the following:
(a) for every breach of the order by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate抯 Court;
(b) sentence him to imprisonment for a term not exceeding one month for each month抯 allowance remaining unpaid; and
(c) make a garnishee order in accordance with the rules made under this Act.
(2) A sentence of imprisonment ordered under subsection (1) (b) shall not affect or diminish the obligation of the person against whom the maintenance order is made to make the payment or payments under the maintenance order which he has failed to make, except that the court may, if it thinks fit, reduce the amount of any such payments.
(3) A maintenance order made by the High Court may be enforced by a District Court in accordance with subsection (1) as if that order had been made by the District Court, except that a District Court shall have no power to vary an order of the High Court.
Rescission and variation of order
72. (1) On the application of any person receiving or ordered to pay a monthly allowance under this Part and on proof of a change in the circumstances of that person, his wife or child, or for other good cause being shown to the satisfaction of the court, the court by which the order was made may rescind the order or may vary it as it thinks fit.
(2) Without prejudice to the extent of the discretion conferred upon the court by subsection (1), the court may, in considering any application made under this section, take into consideration any change in the general cost of living which may have occurred between the date of the making of the order sought to be varied and the date of the hearing of the application.
Power of court to vary agreement for maintenance of child
73. The court may, at any time and from time to time, vary the terms of any agreement relating to the maintenance of a child, whether made before or after 1st June 1981, notwithstanding any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so.
PART 9 - ENFORCEMENT OF MAINTENANCE ORDERS
Power of court to make attachment of earnings order
81. (1) A court may, when ordering the payment of maintenance under Part VIII or at any time thereafter, if it considers just, make an attachment of earnings order to secure payment of the maintenance.
(2) A District Court may make an attachment of earnings order to secure payments the defendant is required to make under a maintenance order made by the High Court.
Nature of attachment of earnings order
82. (1) An attachment of earnings order shall require the person to whom the order in question is directed, being a person appearing to the court to be the defendant抯 employer, to make out of the earnings falling to be paid to the defendant payments in satisfaction of the order.
(2) The amount to be prescribed in an attachment of earnings order shall be such sum as to the court seems reasonable after taking into account the resources and needs of the defendant and the needs of persons for whom he must or reasonably should provide.
(3) An attachment of earnings order shall contain, so far as they are known to the court making the order, such particulars as may be prescribed for the purpose of enabling the defendant to be identified by the person to whom the order is directed.
(4) An attachment of earnings order or any variation thereof shall not come into force until the expiration of 7 days from the date when a copy of the order is served on the person to whom the order is directed.
(5) An attachment of earnings order shall designate the officer to whom the payments under the order are to be made.
Effect of attachment of earnings order
83. (1) When an attachment of earnings order is made, all other proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order shall be suspended.
(2) The court by which an attachment of earnings order has been made may, if it thinks fit, on the application of the defendant or a person entitled to receive payments under the related maintenance order, make an order discharging or varying the attachment of earnings order.
(3) An attachment of earnings order shall cease to have effect
(a) upon the issue of a warrant directing that the amount due under the related maintenance order shall be levied in the manner provided by law for levying fines;
(b) upon the making of an order sentencing the defendant to imprisonment for failure to comply with the related maintenance order;
(c) upon the making of a garnishee order under section 71 (1) (c); and
(d) upon the rescission of the related maintenance order.
Duty of defendant and employer to comply with attachment of earnings order
84. (1) A person to whom an attachment of earnings order is directed shall, notwithstanding anything in any other written law but subject to the provisions of this Part, comply with the order or, if the order is subsequently varied under section 83, with the order as so varied.
(2) Where, on any occasion on which earnings fall to be paid to a defendant, there are in force 2 or more attachment of earnings orders relating to those earnings, then, for the purpose of complying with this Part, the employer shall
(a) deal with those orders according to the respective dates on which they came into force disregarding any later order until all earlier orders have been dealt with; and
(b) deal with any later order as if the earnings to which it relates were the residue of the defendant抯 earnings after the making of any payment under this Part in pursuance of any earlier order.
(3) An employer who, in pursuance of an attachment of earnings order, makes a payment under this Part shall give to the defendant a statement in writing specifying the amount of that payment.
(4) A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on him, has on no occasion during the period of one month immediately preceding that time been the defendant抯 employer shall forthwith give notice in writing to that effect in the prescribed form to the court which made the order.
Additional powers of court in attachment of earnings order proceedings
85. (1) Where proceedings relating to an attachment of earnings order are brought in any court, the court may, either before or at the hearing
(a) order the defendant to give to the court, within such period as may be specified by the order, a statement signed by him of
(i) the name and address of his employer, or of each of his employers if he has more than one;
(ii) such particulars as to the defendant抯 earnings as may be so specified; and
(iii) such prescribed particulars as may be so specified for the purpose of enabling the defendant to be identified by any employer of his; and
(b) order any person appearing to the court to be an employer of the defendant to give to the court, within such period as may be specified by the order, a statement signed by him or on his behalf of such particulars as may be specified by the order of all earnings of the defendant which fell to be paid by that person during such period as may be so specified.
(2) A document purporting to be such a statement as is mentioned in subsection (1) shall, in any such proceedings as are so mentioned, be received in evidence and be deemed to be such a statement without further proof unless the contrary is shown.
Obligation of defendant and employer to notify changes of employment and earnings
86. While an attachment of earnings order is in force
(a) the defendant shall from time to time notify in writing the court which made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than 7 days from the date on which he did so;
(b) the defendant shall, on any occasion when he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and anticipated earnings from the relevant employment; and
(c) any person who becomes the defendant抯 employer and knows that the order is in force and by what court it was made shall, within 7 days of his becoming the defendant抯 employer or of acquiring that knowledge (whichever is the later), notify that court in writing that he is the defendant抯 employer, and include in his notification a statement of the defendant抯 earnings and anticipated earnings.
Power of court to determine what are earnings
87. (1) The court by which an attachment of earnings order has been made shall, on the application of the person to whom the order is directed or of the defendant or of the person in whose favour the order was made, determine whether payments to the defendant of a particular class or description specified by the application are earnings for the purposes of that order; and the person to whom the order is directed shall be entitled to give effect to any determination for the time being in force under this subsection.
(2) A person to whom an attachment of earnings order is directed who makes an application under subsection (1) shall not incur any liability for failing to comply with the order as regards any payments of the class or description specified by the application which are made by him to the defendant while the application, or any appeal in consequence thereof, is pending.
(3) Subsection (2) shall not apply as regards such payments if that person subsequently withdraws the application or, as the case may be, abandons the appeal.
Payment of money under attachment of earnings order
88. (1) The court to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum to the person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order.
(2) Any sums received by virtue of an attachment of earnings order by the court shall be deemed to be payments made by the defendant, so as to discharge first any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date) and secondly any costs incurred in proceedings relating to the maintenance order which were payable by the defendant when the attachment of earnings order was made or last varied.
Costs of proceedings
90. A court before which proceedings relating to an attachment of earnings order are brought may make such order as to costs as it thinks fit.
Penalties for non-compliance with attachment of earnings order and for giving false notice or statement
91. (1) Any person who
(a) fails to comply with section 84 (1) or (4) or section 86, or an order of a court under section 85 (1);
(b) gives such a notice as is mentioned in section 84 (4) or a statement in pursuance of an order of a court under section 85 (1), which notice or statement he knows to be false in a material particular; or
(c) recklessly gives such a notice or statement which is false in a material particular,
shall, subject to subsection (2), be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding one year or to both.
(2) It shall be a defence for a person charged with failing to comply with section 84 (1) to prove that he took all reasonable steps to comply with the attachment of earnings order to which the failure relates.
PART 10 - CHAPTER 1 ?DIVORCE
Restriction on petitions for divorce during first 3 years of marriage
94. (1) No petition for divorce shall be presented to the court unless at the date of the presentation of the petition 3 years have passed since the date of the marriage.

(2) The court may, upon application being made in accordance with the Rules of Court, allow a petition to be presented before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree nisi, do so subject to the condition that no application to make the decree absolute shall be made until after the expiration of 3 years from the date of the marriage, or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said 3 years upon the same, or substantially the same, facts as those proved in support of the petition so dismissed.
(3) In determining any application under this section for leave to present a petition before the expiration of 3 years from the date of the marriage, the court shall have regard to the interest of any child of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said 3 years.
(4) The court may, before determining an application under this section, refer the differences between the parties to a Conciliation Officer so that a reconciliation between the parties might be effected.
(5) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which have occurred before the expiration of 3 years from the date of the marriage.
Irretrievable breakdown of marriage to be sole ground for divorce
95. (1) Either party to a marriage may petition for divorce on the ground that the marriage has irretrievably broken down.
(2) The court hearing such petition shall, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage and, if satisfied that the circumstances make it just and reasonable to do so, make a decree for its dissolution.
(3) The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts:
(a) that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent;
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.
(c) that the respondent has deserted the petitioner for a continuous period of at least 2 years immediately preceding the presentation of the petition;
(d) that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the presentation of the petition and the respondent consents to a decree being granted;
(e) that the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the presentation of the petition.
(4) In considering whether it would be just and reasonable to make a decree, the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved, and it may make a decree nisi subject to such terms and conditions as the court may think fit to attach; but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage, the court shall dismiss the petition.
(5) Where the parties to the marriage have lived with each other for any period or periods after it became known to the petitioner that the respondent had, since the celebration of the marriage, committed adultery, then
(a) if the length of that period or of those periods together was 6 months or less, their living with each other during that period or those periods shall be disregarded in determining for the purposes of subsection (3) (a) whether the petitioner finds it intolerable to live with the respondent; but
(b) if the length of that period or of those periods together exceeded 6 months, the petitioner shall not be entitled to rely on that adultery for the purposes of subsection (3) (a).
(6) Where the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the petitioner and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of subsection (3) (b) whether the petitioner cannot reasonably be expected to live with the respondent if the length of that period or of those periods together was 6 months or less.
(6) In considering for the purposes of subsection (3) whether the period for which the respondent has deserted the petitioner or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding 6 months) or of any 2 or more periods (not exceeding 6 months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be.
(7) References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.
Rules to provide for agreements to be referred to court
96. Provision may be made by Rules of Court for enabling the parties to a marriage, or either of them, on application made either before or after the presentation of a petition for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings for divorce which are contemplated or, as the case may be, have begun, and for enabling the court to express an opinion, should the court think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as the court thinks fit.
Relief for respondent in divorce proceedings
98. If in any proceedings for divorce the respondent alleges and proves any such fact as is mentioned in section 95 (3) (treating the respondent as the petitioner and the petitioner as the respondent for the purposes of that subsection), the court may give to the respondent the relief to which he would be entitled if he had presented a petition seeking that relief.
PART 10 - CHAPTER 4 ?FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS
Power of court to order division of matrimonial assets
112. (1) The court shall have power, when granting or subsequent to the grant of a decree of divorce, judicial separation or nullity of marriage, to order the division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset in such proportions as the court thinks just and equitable.
(2) It shall be the duty of the court in deciding whether to exercise its powers under subsection (1) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:
(a) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets;
(b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage;
(c) the needs of the children (if any) of the marriage;
(d) the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;
(e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce;
(f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party;
(g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; and
(h) the matters referred to in section 114 (1) so far as they are relevant.
(3) The court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order
(4) The court may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made.
(5) In particular, but without limiting the generality of subsections (3) and (4), the court may make any one or more of the following orders:
(a) an order for the sale of any matrimonial asset or any part thereof, and for the division, vesting or settlement of the proceeds;
(b) an order vesting any matrimonial asset owned by both parties jointly in both the parties in common in such shares as the court considers just and equitable;
(c) an order vesting any matrimonial asset or any part thereof in either party;
(d) an order for any matrimonial asset, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order;
(e) an order postponing the sale or vesting of any share in any matrimonial asset, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order;
(f) an order granting to either party, for such period and on such terms as the court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; and
(g) an order for the payment of a sum of money by one party to the other party.
(6) Where under any order made under this section one party is or may become liable to pay to the other party a sum of money, the court may direct that it shall be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions (including a condition requiring the payment of interest) as the court thinks fit.
(7) Where, pursuant to this section, the court makes an order for the sale of any matrimonial asset and for the division, application or settlement of the proceeds, the court may appoint a person to sell the asset and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the asset is vested.
(8) Any order under this section may be made upon such terms and subject to such conditions (if any) as the court thinks fit.
(9) Where the court, by any order under this section, appoints a person (including the Registrar or other officer of the court) to act as a trustee or to sell any matrimonial asset and to divide, apply and settle the proceeds thereof, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his costs and expenses.
(10) For the purposes of this section, 搈atrimonial asset?means
(a) any asset acquired before the marriage by one party or both parties to the marriage
(i) ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or
(ii) which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
(b) any other asset of any nature acquired during the marriage by one party or both parties to the marriage,
but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage.
Power of court to order maintenance
113. The court may order a man to pay maintenance to his wife or former wife
(a) during the course of any matrimonial proceedings; or
(b) when granting or subsequent to the grant of a decree of divorce, judicial separation or nullity of marriage.
Assessment of maintenance
114. (1) In determining the amount of any maintenance to be paid by a man to his wife or former wife, the court shall have regard to all the circumstances of the case including the following matters:
(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c) the standard of living enjoyed by the family before the breakdown of the marriage;
(d) the age of each party to the marriage and the duration of the marriage;
(e) any physical or mental disability of either of the parties to the marriage;
(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family; and
(g) in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.
(2) In exercising its powers under this section, the court shall endeavour so to place the parties, so far as it is practicable and, having regard to their conduct, just to do so, in the financial position in which they would have been if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards the other.
Power of court to order security for maintenance
115. (1) A maintenance order may provide for the payment of a lump sum or such periodical payment as the court may determine.
(2) The court may, in its discretion, when awarding maintenance, order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property in trustees upon trust to pay the maintenance or part thereof out of the income from that property and, subject thereto, in trust for the settlor.
Compounding of maintenance
116. An agreement for the payment, in money or other property, of a capital sum in settlement of all future claims to maintenance, shall not be effective until it has been approved, or approved subject to conditions, by the court, but when so approved shall be a good defence to any claim for maintenance.
Duration of orders for maintenance
117. Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, an order for maintenance shall expire
(a) if the maintenance was unsecured, on the death of the husband or of the wife, whichever is the earlier, or upon the remarriage of the wife;
(b) if the maintenance was secured, on the death of the wife or upon the remarriage of the wife.
Power of court to vary orders for maintenance
118. The court may at any time vary or rescind any subsisting order for maintenance, whether secured or unsecured, on the application of the person in whose favour or of the person against whom the order was made, or, in respect of secured maintenance, of the legal personal representatives of the latter, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.
Power of court to vary agreements for maintenance
119. Subject to section 116, the court may at any time and from time to time vary the terms of any agreement as to maintenance made between husband and wife, whether made before or after 1st June 1981, where it is satisfied that there has been any material change in the circumstances and notwithstanding any provision to the contrary in any such agreement.
Maintenance payable under order of court to be inalienable
120. Maintenance payable to any person under any order of court shall not be assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatsoever.
Recovery of arrears of maintenance
121. (1) Subject to subsection (3), arrears of unsecured maintenance, whether payable by arrangement or under an order of court, shall be recoverable as a debt from the defaulter and, where they accrued due before the making of a receiving order against the defaulter, shall be provable in his bankruptcy and, where they accrued due before his death, shall be a debt due from his estate.
(2) Subject to subsection (3), arrears of unsecured maintenance which accrued due before the death of the person entitled thereto shall be recoverable as a debt by the legal personal representatives of such person.
(3) No amount owing as maintenance shall be recoverable in any suit if it accrued due more than 3 years before the institution of the suit unless the court, under special circumstances, otherwise allows.
PART 10 - CHAPTER 5 ?WELFARE OF CHILDREN
Arrangements for welfare of children
123. (1) Subject to this section, the court shall not make absolute any decree for divorce or nullity of marriage or pronounce a decree of judicial separation unless the court is satisfied as respects every child
(a) that arrangements have been made for the welfare of the child and that those arrangements are satisfactory or are the best that can be devised in the circumstances; or
(b) that it is impracticable for the party or parties appearing before the court to make any such arrangements.
(2) The court may if it thinks fit proceed without observing the requirements of subsection (1) if it appears that there are circumstances making it desirable that the decree nisi be made absolute or, as the case may be, that the decree for judicial separation should be pronounced without delay, and if the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the child before the court within a specified time.
Custody of children
124. In any suit for divorce, or for nullity of marriage, or for judicial separation, the court may, at any stage of the proceedings, or after a decree absolute has been pronounced, make such orders as it thinks fit with respect to the welfare of any child and may vary or discharge the said orders, and may, if it thinks fit, direct proceedings to be taken for placing the child under the protection of the court.
Paramount consideration to be welfare of child
125. (1) The court may at any time by order place a child in the custody of his or her father or his or her mother or (where there are exceptional circumstances making it undesirable that the child be entrusted to either parent) of any other relative of the child or of any organisation or association the objects of which include child welfare, or to any other suitable person.

(2) In deciding in whose custody a child should be placed, the paramount consideration shall be the welfare of the child and subject to this, the court shall have regard
(a) to the wishes of the parents of the child; and
(b) to the wishes of the child, where he or she is of an age to express an independent opinion.
Orders subject to conditions
126. (1) An order for custody may be made subject to such conditions as the court may think fit to impose and, subject to such conditions, if any, as may from time to time apply, shall entitle the person given custody to decide all questions relating to the upbringing and education of the child.
(2) Without prejudice to the generality of subsection (1), an order for custody may
(a) contain conditions as to the place where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be brought up;
(b) provide for the child to be temporarily in the care and control of some person other than the person given custody;
(c) provide for the child to visit a parent deprived of custody, or any member of the family of a parent who is dead or has been deprived of custody, at such times and for such periods as the court may consider reasonable;
(d) give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody the right of access to the child at such times and with such frequency as the court may consider reasonable; or
(e) prohibit the person given custody from taking the child out of Singapore.
(3) Notwithstanding subsection (1) but subject to any condition imposed under subsection (2) (e), where an order for custody is in force, no person shall take the child who is the subject of the custody order out of Singapore except with the written consent of both parents or the leave of the court.
(4) Subsection (3) does not prevent the taking out of Singapore for a period of less than one month of the child by the person given custody of the child or by any other person who has the written consent of the person given custody of the child to take the child out of Singapore.
(5) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
Power of court to order maintenance for children
127. (1) During the pendency of any matrimonial proceedings or when granting or at any time subsequent to the grant of a decree of divorce, judicial separation or nullity of marriage, the court may order a parent to pay maintenance for the benefit of his child in such manner as the court thinks fit.
(2) The provisions of Parts VIII and IX shall apply, with the necessary modifications, to an application for maintenance and a maintenance order made under subsection (1).
Power of court to vary order for custody
128. The court may at any time vary or rescind any order for the custody of a child on the application of any interested person, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances.
Power of court to vary agreement for custody
129. The court may, at any time and from time to time, vary the terms of any agreement relating to the custody of a child, whether made before or after 1st June 1981, notwithstanding any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so.
Court to have regard to advice of welfare officers, etc.
130. When considering any question relating to the custody of any child, the court shall, whenever it is practicable, take the advice of some person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice.
Power of court to restrain taking of child out of Singapore
131. (1) The court may on the application of the father or mother of a child
(a) where any matrimonial proceeding is pending; or
(b) where, under any agreement or order of court, one parent has custody of the child to the exclusion of the other,
issue an injunction restraining the other parent from taking the child out of Singapore or may give leave for such child to be taken out of Singapore either unconditionally or subject to such conditions or such undertaking as the court may think fit.
(2) The court may, on the application of any interested person, issue an injunction restraining any person, other than a person having custody of a child, from taking the child out of Singapore.
(3) Failure to comply with an order made under this section shall be punishable as a contempt of court.
Power of court to set aside and prevent dispositions intended to defeat claims to maintenance
132. (1) Where
(a) any matrimonial proceeding is pending;
(b) an order has been made under section 112 and has not been complied with;
(c) an order for maintenance has been made under section 113 or 127 and has not been rescinded; or
(d) maintenance is payable under any agreement to or for the benefit of a wife or former wife or child,
the court shall have power on application ?
(i) if it is satisfied that any disposition of property has been made by the husband or former husband or parent of the person by or on whose behalf the application is made, within the preceding 3 years, with the object on the part of the person making the disposition of reducing his or her means to pay maintenance or of depriving his wife or former wife of any rights in relation to that property, to set aside the disposition; and
(ii) if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing that disposition.

[拓哉]

i bet 90% over people never read it..

[lawz_c]

read only when something goes wrong.....

[cloud]

I will likely to be one of the 90%...

[Calis]

i rather have my lawyer brief me verbally

[拓哉]

im only concern about the splitting of the assets and alimony. IF the wife has a lover, after divorce the husband's whatever property or assets must give half to the wife...then the wife can celebrate with her lover....

[snoozy]

a good thread for those who cant sleep at nite! read liao sure can sleep ..

[king_georgebush]

Its probably the reason why men are so scared to marry in Singapore, because his wife could take away his money AND his heart (and all this sanctioned by our very own "fair" judicial system)

[freedom_fighter]

hey kinggeorgebush, you are back and with your favourite subject to boot! lol

anyway, everything in life has risks. it's whether how you manage the risks. all i can say is, your mind is sure full of all these as you have been talking about it everytime you post. if you ask me, you sound almost obsess with warning men about what they are in for should they choose to walk down the aisle! And you know something? The thing is, you totally believe you are doing a good deed!

all i can say is, for those who choose to listen and go into marriage with your mind filled with the prospect of divorce and being proud that you are prepared, then be prepared that it will happen. Because what the mind of man can conceive and believe, it can achieve. A brain that is going to dwell on divorce will make it happen. It will be a self-fulfilling prophesy. That's how powerful our brains are. Just that, lots of us don't really bother to find out just how powerful it is.

Instead of dwelling on this negative, why not work on learning how happy couples actually make their marriage lasts and learn from them? Learn from those older couples, esp those that are in their 60s/70s and still holding hands. What is their secret? I believe that will be a better way to prepare don't you agree?

[king_georgebush]

Originally Posted by freedom_fighter

hey kinggeorgebush, you are back and with your favourite subject to boot! lol -
tks for welcoming me

anyway, everything in life has risks. it's whether how you manage the risks. all i can say is, your mind is sure full of all these as you have been talking about it everytime you post. if you ask me, you sound almost obsess with warning men about what they are in for should they choose to walk down the aisle! And you know something? The thing is, you totally believe you are doing a good deed!
you bet i'm doing a good deed. just because women can be ignorant going into marriage doesn't mean men have to. The divorce laws here are so biased against men that wives have to only make a complaint about their husbands and divorce is imminent. Furthermore lawyers here are so happy about divorce because of the ease of judgements so they advise men to accept their ex-wife's complaints regardless.

all i can say is, for those who choose to listen and go into marriage with your mind filled with the prospect of divorce and being proud that you are prepared, then be prepared that it will happen. Because what the mind of man can conceive and believe, it can achieve. A brain that is going to dwell on divorce will make it happen. It will be a self-fulfilling prophesy. That's how powerful our brains are. Just that, lots of us don't really bother to find out just how powerful it is.
whatever

Instead of dwelling on this negative, why not work on learning how happy couples actually make their marriage lasts and learn from them? Learn from those older couples, esp those that are in their 60s/70s and still holding hands. What is their secret? I believe that will be a better way to prepare don't you agree?

the older folks live by tradition - and also when one is submissive over the other - then it will work - You try explaining that to young adults today . You should try waking up to reality.

[KeRoPi]

Originally Posted by king_georgebush

the older folks live by tradition - and also when one is submissive over the other - then it will work - You try explaining that to young adults today . You should try waking up to reality.

not all applies... if becoz of these clause.. dey have cold chicken feet.. den dun indulge in any r/s?

[king_georgebush]

Originally Posted by KeRoPi

not all applies... if becoz of these clause.. dey have cold chicken feet.. den dun indulge in any r/s?

Marriage is really a contract between men and women, and the terms are dictated by the government. Would you enter any contract without reading it first ? You should be aware of your responsibilities towards your spouse and children before you marry, and if you are not prepared, its quite dangerous for you in the long run.

[KeRoPi]

Originally Posted by king_georgebush

Marriage is really a contract between men and women, and the terms are dictated by the government. Would you enter any contract without reading it first ? You should be aware of your responsibilities towards your spouse and children before you marry, and if you are not prepared, its quite dangerous for you in the long run.

to me.. marriage is a pc of contract binding both parties legally..

responsiblity of coz you need to note before you sign.. i think pple who are getting married aint that dumb to know whats da consequences..

if most pple have da same mentality as you.. den wouldnt it be

[king_georgebush]

Originally Posted by KeRoPi

to me.. marriage is a pc of contract binding both parties legally..

responsiblity of coz you need to note before you sign.. i think pple who are getting married aint that dumb to know whats da consequences..

if most pple have da same mentality as you.. den wouldnt it be

are you calling me dumb ?

do you know in family court there are almost 10 divorces a day ? so i guess they are all dumb then ?

[拓哉]

actually marriage is not a contract. we marry becos we want to be with ur love ones.

its the government who made it legal binding . it was passed in parliment by MP. if the conditions stated in the law are too much for us to stomach, then blame the government.