Q MY HUSBAND has been having an affair with a woman of another nationality for many years. I know he plans to leave me and my child although he keeps denying it. He bought an apartment for his mistress in her own country and has splurged a lot of money on her.

He gives us $1,500 a month and expects that to be enough for everything: daily expenses, transport costs, medical fees and other necessities.

I am very worried that he will leave us in the lurch and go off to the other country where the woman is.

Assuming he does not have a will and leaves Singapore suddenly without signing divorce papers, I would like to know the following:

1. How can I get a share of his properties and investments in and outside Singapore?

2. Will I be liable for debts incurred by his business? Can his partners force us to pay his debts?

3. Will I be able to sell and keep the proceeds from properties bought jointly here and overseas?

4. Will his departure amount to separation, which means a divorce can take effect three years later?

5. What if he returns within three years and demands that I return properties I've taken over?

6. Will I have to pay the utility and other bills that are under his name if I stay in the current apartment?

7. Assuming he has a will but the beneficiary is the other woman, what should I do? Can I win if I sue her and on what basis can I do this?

8. Where can I find a responsible but affordable lawyer?

A BELOW are the answers you seek, point by point:

1. If you want the court to help you get a share of his properties and investments in Singapore and overseas, you will need to start divorce proceedings. Under the Women's Charter, the court has the power to look at all matrimonial assets and divide them equitably between the two parties.

2. You will not be liable for business debts unless you are a partner (even a sleeping partner) or unless you have signed as a borrower/guarantor for any loans made to the business.

3. Whether you can sell the apartments might depend on whether you have a court order. If there is no order, any sale will require the other joint owner to sign the transfer document.

4. If you plan to use the separation of three years to support the irretrievable breakdown of the marriage in the divorce proceedings, you will need to get his consent in writing. If you can't get this, you will need four years of separation.

Desertion is another factor you can cite to support divorce proceedings. If he has deserted you for a continuous period of two years, this can be used to support your case.

5. If there is a court order governing the transfer of properties to you, you will be protected by the law. If there is no such order, he will still legally be the owner.

6. As for paying utility bills, this is a practical issue. It is in the occupier's interest to pay bills to prevent supplies being cut off.

7. If you are still his wife at the time of his death, you will have redress under the Inheritance (Family Provision) Act. Your child, as long as he or she is not married, can also apply under the Act for reasonable maintenance to be provided.

The court can make reasonable provisions for the maintenance of a dependant if it feels the dependant has not been catered for adequately.

The court will assess the financial standing and conduct of the applicant, and whether reasonable provision was made for that person.

Unless you can prove that the other woman employed fraud, duress or undue influence to get the will made in her favour, it will be difficult to sue the third party.

8. Check with relatives and friends. If you qualify for legal aid, you can engage the Legal Aid Bureau at URA Centre, Maxwell Road.

Ang Kim Lan
Director
Goodwins Law Corporation

Advice provided in this column is not meant as a substitute for comprehensive professional advice. E-mail questions to a1admin@sph.com.sg.

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