GSP165 Family Law Assignment – SUSS TMA02 Questions on Marriage, Divorce, Maintenance & Inheritance, Singapore

Question 1

Max and May had been co-habiting for more than 10 years (in various rented premises), and subsequently decided to solemnise and register their marriage on 1st January 2025, as they wanted a child, but only to hold the customary ceremony on 1st June 2025, as the new flat that they have applied for would only be ready in early March 2025, and they needed some time to renovate the flat and to get the flat ready before moving in.

However, one week before the solemnisation, through the introduction of their friend, Max and May became firm believers of a religion whose religious teaching is against sex before a customary religious ceremony, and as such just before the solemnisation, they have both decided to now enter into a state of sexual abstinence before the intended customary religious ceremony on 1st June 2025, even though they are still staying in the same rented house and sleeping on the same bed.

The couple then registered their marriage on 1st January 2025 and thereafter started to make plans and arrangements with regard to the customary religious ceremony.

However, on 1st March 2025, Max had to be posted to London for work for about 2 months. When he returned on 28th April 2025, he started to give excuse in not wanting to stay in the new flat (which has already been occupied by May since early April 2025) and instead move back to his parents’ place.

He also became very cold and distant towards May. When May spoke to him with regard to the plans for the customary religious ceremony, Max started to evade the issue, and subsequently went to the extent of saying that he has met someone in London to whom he is now in in love with, and he is no longer willing to go through the customary religious ceremony, and he does not want May to be his wife.

May is now very devastated and is seeking your advice as to what she can do next.

Discuss (with reference to statutory provisions and case law):

a. What is the current status of their marriage, bearing in mind that May and Max had initially agreed to postpone their customary religious ceremony to 1st June 2025 (for this part of the question, you are expected to consider the validity of the marriage upon solemnisation, and what is the consequence of Max and May deciding on a state of sexual abstinence before the intended customary religious ceremony)? (5 marks)

b. What can May do to seek relief with regard the status of her marriage, and in particular to also discuss whether or not it matters that Max and May have been co-habiting for 10 years before the solemnisation. (5 marks)

c. What is the effect of the relief so granted to May (pursuant to part b above) with respect to the marriage between the parties? (5 marks)

Assuming that Max and May are both working as lawyers and earning about the same amount of income, and that the flat would now be given to May totally as she had paid for the entire downpayment and also all the renovation and fitting-out expenses:

d. Explain (with reference to relevant statutory provisions and case law) whether May would be able to claim maintenance against Max. (10 marks)

(Total 25 marks)

(Please remember to answer each part of this question SEPARATELY, otherwise there may be deduction of marks)

Question 2

Cheng is 42 years of age and is married to John, who is 45 years of age, and they have been married for 21 years.

They have 2 children, Joy who is 20 years old and Cherish who is 13 years old.

Joy is attending tertiary education at the National University of Singapore whilst Cherish is attending Secondary 1 in Stamford Girls’ School.

Cheng stopped work after marriage. She was formerly an IT specialist. She left the employment to look after the family.

John is working as an oil-shore logistics specialist and is well-liked by his colleagues as he is dedicated, and he works diligently.

He draws a monthly income of S$25,000.00. His hours of work are fixed, and he no longer needs to travel.

Cheng shares that 8 years ago, the parties’ marriage was seriously on the rocks.

She was drinking heavily and had often returned home drunk. John was very upset with her behaviour.

The parties then drifted apart, and this led to parties living separate and apart in 2020.

During this period of separation, both Joy and Cherish stayed with John whilst Cheng had regular contact with the daughters.

John was also providing financially for Joy and Cherish and was contributing a monthly sum of S$3,500.00 towards the maintenance of Cheng.

After living separate and apart for 4 years, the parties effected a reconciliation in 2024 and continued with their lives together.

Cheng underwent counselling for her drinking problem and had stayed sober until recently.

Even after the resumption of cohabitation as husband and wife, John continues to deposit the monthly sum of S$3,500.00 for Cheng for her personal expenses.

Of late, John and Cheng have been quarrelling over their financial matters and their different styles of parenting. John has been pestering Cheng to work so as to contribute towards the family’s expenses.

John says that the children are grown up now and no longer need Cheng to be at home with them. Cheng is not prepared to do so. She has tried to explain that it would not be possible for her to return to the work force as her last employment was more than 20 years ago. She is contented receiving the monthly maintenance of S$3,500.00 given that John is shouldering all of the other family’s expenses.

Where the children are concerned, John is a disciplinarian, and he desires to have a fixed and SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS) TMA02 – Page 7 of 10 structured routine for them whereas Cheng prefers to have a laid-back approach and allow the children to do what they want so long as they do not cross certain boundaries and stay focused on their studies.

The parties live in a landed terrace in Seletar Hills. This apartment was purchased for a sum of S$1.6 million. The apartment is registered in the parties’ joint names. As Cheng does not work, the monthly mortgage is shouldered by John solely. John pays this using monies from his CPF account as well as monthly cash payments. Cheng shared that the initial capital payment was paid by her savings in her bank account which she had accumulated prior to marriage. Cheng had emptied all her savings and had pumped almost S$100,000.00 into the apartment. As a result of this, Cheng no longer has any savings.

Both parties do not have a car as they prefer to rely on the well-established public transportation here in Singapore.

John has a club membership with Singapore Island Country Club. The children, when younger, used to frequent the club on a regular basis. They would spend their weekends at the club. Cheng continues to enjoy the facilities of the club.

Cheng has narrated an incident which happened a few weeks ago. Cheng had returned home drunk after a night out with her girlfriends. In fact, Cheng has since picked up drinking again. John was very upset by Cheng’s inebriated state and a quarrel had ensued.

This escalated into a scuffle where John had slapped Cheng.

John had apologized profusely for slapping Cheng. Cheng admits that this is not typical of John’s behaviour although she was physically hurt by his slap.

After consulting with her girlfriends, Cheng had lodged a police report as well as sought medical attention.

Cheng has tried to talk to John on numerous occasions about the fact that she feels lonely and neglected in this marriage, which she described as loveless.

John keeps telling Cheng that she should try and get a job to balance out her life and feels that it will be good for Cheng to occupy her mind and time during his hours of work. Cheng admits that she does not mind looking for a job but she is afraid that she will not be able to find a job that pays her a comfortable salary or suits her skills.

John has informed Cheng that he will be commencing divorce proceedings.

Cheng has not made up her mind if she will consent to a divorce. She is concerned as to her financial insecurity. She is not sure if she is able to secure custody, care and control of the children as the children are very close to John.

a. Identify and discuss (with reference to relevant statutory provisions and case law), in the light of the facts presented above, whether John can indeed apply for a divorce, and in particular whether he requires Cheng’s consent for the intended divorce. (5 marks)

b. State and explain (citing and applying relevant statutory provisions and case law) to Cheng the factors that the Court would take into account in relation to the issues relating to the children. (15 marks)

c. State and explain (citing and applying relevant statutory provisions and case law), what amounts to “matrimonial assets “, and advise Cheng as to the factors and considerations that the Court has to consider and take into account in deciding the division of matrimonial assets. (10 marks)

d. For the slapping incident, explain (with reference to relevant statutory provisions and case law) the factors and considerations that the Court has to consider and take into account in deciding what kind of protection could be granted, and advise Cheng as to what the orders that can be sought, and whether such orders would likely be granted. (5 marks)

(Total 35 marks)

(Please remember to answer each part of this question SEPARATELY, otherwise there may be deduction of marks)

Question 3

Discuss and state (with reference to relevant statutory provisions and case law) the attributes (be it mental or physical) and qualifications that a person must possess before he can make a Will. (5 marks)

Question 4

John and Cheng are co-owners of the Seletar Hills terrace as joint-tenants. When John first bought the terrace, he willed all his assets to the children (Joy and Cherish), to be distributed to them in equal shares upon his demise.

However, before he could commence divorce proceedings, John passed away.

Advise Cheng (with reference to relevant statutory provisions and case law) as to who will inherit the house. Please provide the legal explanation for your advice. (5 marks)

Question 5

Steven made a Will in 2020 leaving all his assets (except his CPF) to his mother, Eng. He then married Jean in January 2021 and passed away unexpectedly in December 2021, and they have no children.

a. Explain (citing relevant statutory provisions and case law) who will inherit Steven’s assets. (5 marks)

b. Discuss (citing relevant statutory provisions and case law) whether the answer to part a. would be different if Steven and Jean have a child immediately after marriage, and the child was born in October 2021. (5 marks)

c. What if Steven made another Will after his marriage to gift all his CPF savings to his mother, advise Eng and Jean (citing relevant statutory provisions and case law) who would inherit Steven’s CPF savings (assuming that the child has been born before Steven’s demise, and Steven did not make any nomination thinking that the Will is enough). (8 marks)

d. Identify and explain (citing relevant statutory provisions and case law) who will be entitled to Steven’s CPF funds, if he made a nomination after his marriage to give all his CPF funds to his wife, Jean, as he feels that his mother has enough resources to provide for herself. (5 marks)

e. Identify and explain (citing relevant statutory provisions and case law) who will be entitled to Steven’s CPF funds, if Steven started divorce proceedings against Jean after making the CPF nomination to give all his CPF funds to his wife, but died before the finalization of the divorce proceedings and the division of matrimonial assets, and he failed to make a fresh nomination during the divorce proceedings. (5 marks)

f. Identify and advise Jean as to her legal rights, if Steven made another Will upon the birth of their only child, gifting all his assets (except his CPF savings) to Jean, but after 3 years of the marriage, Steven divorced Jean due to her adultery. Steven died after the divorce proceedings (2 marks)

(Total 30 marks)

(Please remember to answer each part of this question SEPARATELY, otherwise there may be deduction of marks)

Guidance Notes

1. Your answer for each question should be properly structured, with appropriate introduction, conclusion, and organised paragraphs.
2. You must use proper referencing and citation formats, where necessary. If you refer to any case law, please provide the full name and citation, e.g. Sime Darby Edible Products Ltd v Ngo Chew Hong Edible Oil Pte Ltd [2000] 4 SLR 360.
3. Remember to use accurate grammar, correct sentence structures and a tone appropriate to academic writing. Marks may be deducted for poor English.