- What is "a Will"
- Do I need a lawyer to write my Will?
- Am I too young to write my Will?
- Can I change my Will once it has been written?
- Can I file for divorce?
- What do I have to do if I want to file for divorce?
- What must I consider when filing for divorce?
- What if I am the one being sued for divorce?
- What happens if the divorce goes through?
- What if I am not so sure on whether I really want a divorce?
- What must I do if I get involved in an accident?
- What do I do immediately after the accident?
- What is "a Will"
A Will is a legal document, which provides for the administration and distribution of what is owned (the estate) by the person (the testator) among his or her beneficiaries after his death. Beneficiaries are those who stand to inherit or benefit under the Will upon the death of the testator. Back to top
- Do I need a lawyer to write my Will?
You do not necessarily need a lawyer to write your Will. However, in doing so there is the risk that the Will may be ineffective or invalid. Lawyers are able to assist in giving you advice and in drafting your Will according to the Law. Back to top
- Am I too young to write my Will?
Only people who are above 21 years old and of sound mind may be able to make a will. Soldiers in actual military service (NS) men or a mariner or seaman at sea may make a will even if they are under 21 years old. Back to top
- Can I change my Will once it has been written?
It is advisable that you review your Will regularly, especially upon your marriage. Marriage automatically revokes your Will. In reviewing your will you must remember to take into consideration whether anyone included in your Will has changed his or her name, whether he or she has died, whether an executor or trustee has died or has become incapable of carrying out his or her duties, or whether there has been any changes in the composition of your estate. Back to top
- Can I file for divorce?
Yes, but only if you can prove at least one of the following facts:
- That the person being sued (the Respondent) had committed adultery and the Petitioner finds it intolerable to live with the respondent
- That the Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with him or her.
- That the Respondent has deserted the Petitioner, without any intention of returning, for a period of 2 years.
- That both parties have agreed to a divorce and they have both been separated for at least 3 years before the divorce petition is filed.
- No consensus for a divorce is needed if both parties have been separated for at least 4 years. Either party in this circumstance may petition for a divorce without the need for consent by the other party. Back to top
- What do I have to do if I want to file for divorce?
You must consult a lawyer to seek advice and assistance. Your lawyer will give you advice on whether you have a case for a divorce. The lawyer will then prepare all the legal documents necessary for filing a divorce. Back to top
- What must I consider when filing for divorce?
- Maintenance for wife and/or children of the marriage
- Custody of the children of the marriage
- Other matters, including the division of assets
The court usually takes into account the extent of contributions of both parties in acquiring matrimonial assets, in ensuring the welfare of the family, children's needs, debts owed by each party for their common benefit, the income, earning capacity, property and financial means of each party and whether any pre-nuptial agreement have been signed before. Back to top
- What if I am the one being sued for divorce?
If you are sued for divorce you must first acknowledge that you have received the Petition papers. You can then either "contest" or agree to the divorce. In the former, you must file an Answer. The latter means that you must either accept the conditions of the divorce or negotiate on the terms of the divorce. If you do not wish to contest the divorce petition, you may still be heard and given the chance to contest the ancillary matters such as custody of children, maintenance and division of matrimonial assets. It is advisable that a lawyer is engaged for legal advice and assistance. Back to top
- What happens if the divorce goes through?
In this case, the judge grants a Decree Nisi, which is an interim divorce order to the Petitioner. All matters relating to the divorce must be settled within these three months before a Decree Absolute can be granted. With Decree Absolute the divorce proceedings are made final. Back to top
- What if I am not so sure on whether I really want a divorce?
If you are unsure of your relationship, a Deed of Separation that sets out the terms and conditions of your relationship during the period of separation may be made. This allows both parties to be separated from each other without having to go through a divorce.
Divorce proceedings can be commenced after 3 years (with spousal consent) or four years (without spousal consent) of separation. Back to top
- What must I do if I get involved in an accident?
At the scene of the accident, do write down important particulars of the other party involved, such as his or her name(s), NRIC number(s), address and contact details. You must also take note of car registration number(s) and the name of the insurance companies involved.
If possible, take photographs of the accident, taking note of the position of the cars, damages caused by the accident and any landmarks that may be useful around the accident scene. Do not try and move any of the vehicles before taking note of the accident scene. Back to top
- What do I do immediately after the accident?
You must first notify your employer or your immediate boss. You must take note of the date and the nature of the accident. Either you or your dependant should check with the Ministry of Manpower if your employer has lodged your case. And compensation claim must be made within a year of the accident or within a year of the workman's death.
You should also report the accident to your insurance company to make any claims within the time limit stated in your policy. Your insurance company may also assist you when arranging for the repair of the vehicle. Back to top
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