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a divorce settlement in which mutually held assets are split

English translation: some Singaporean references - I wouldn't go for a "snappy one or two word term"

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23:29 Mar 6, 2004
English to English translations [PRO]
Law (general) / Divorce cases
English term or phrase: a divorce settlement in which mutually held assets are split
I am looking for the legal term for such an agreement, and possibly an online source where I can find other terms related to marital legal proceedings.
R. A. Stegemann
Saudi Arabia
Local time: 03:42
English translation:some Singaporean references - I wouldn't go for a "snappy one or two word term"
Explanation:
http://www.familycourtofsingapore.gov.sg/principles/NewMPR20...
WOMEN’S CHARTER(CHAPTER 353)WOMEN’S CHARTER
(MATRIMONIAL PROCEEDINGS)RULES 2003

“(b) an order for the division of matrimonial assets, “
(as in claims, or relief, for an order for the division of matrimonial assets - in an agreement, it would be agreement on the...)

template
www.familycourtofsingapore.gov.sg/principles/ NewMPR2003/Forms_MPR.doc


http://law.nus.edu.sg/sjls/sjls1993d.htm#Division 1993
Division of Matrimonial Assets : Recent Cases and Thoughts for Reform
- Leong Wai Kum
Since 1981, Singapore courts have the power, upon granting a decree which terminates a marriage, to order the division between the spouses of matrimonial assets which they had acquired during the course of the marriage. This article discusses this power as part of the law on the effect of marriage upon the ownership of assets. It examines the scope of the power as it has been developed by the courts and suggests improvements should an amendment be contemplated.

http://www.8links.com/legal_divorce.htm
In a divorce proceeding, the parties may apply for :-
i. maintenance;
ii. custody; and
iii. other ancillary matters for example the division of matrimonial assets, including the matrimonial home.

http://snaffer.typepad.com/viewpoints/2003/09/25_million_or_...
Straits Times
“The CJ [Chief Justice (in Singapore)]explained that the court did not apply a 50-50 division of matrimonial assets, unlike when smaller sums are involved and both parties suffer a fall in standard of living after they split.”


Example of a Singaporean legal writer talking about 'jointly owned property' for property property which the parties have bought together, or is held in both their names - admittedly about Taiwan, but the term is used in English law too - it should be fine for Singapore.

http://www.geocities.com/hello_tai_tai/taiwanwomen.html
Victory for Taiwan Women
By Goh Sui Noi 2002 Singapore Straits Times 18 May 2002
“Another problem with the unreformed law was that in Taiwan a husband's wishes took precedence over those of his wife in any dispute about the division of jointly owned property and husbands were not obliged to hand over anything from the sale of such property. The new law says that property that a spouse brings into a marriage or acquires as an individual afterward remains his or hers exclusively. Property that has been acquired jointly cannot be transferred without the agreement of both parties, who can apply for a court order to determine their relative shares in the property should they be unable to agree themselves”





--------------------------------------------------
Note added at 16 hrs 24 mins (2004-03-07 15:54:35 GMT)
--------------------------------------------------

http://www.lawgazette.com.sg/2002-9/Sep02-cases.htm
Singaporean law report (talking about a case in a Delhi court, but it should be alright for Singapore).
\"Jayant and Mala subsequently reached a settlement on division of matrimonial assets, custody and maintenance in October 1999\"


--------------------------------------------------
Note added at 41 days (2004-04-17 14:55:29 GMT) Post-grading
--------------------------------------------------

Thinking about it again, a long time after the question was asked and answered, I remembered about \"community property\" rules.
In \'community property jurisdictions\' property acquired during the marriage is often regarded as being owned by the husband and wife, regardless of who bought it, and divided between them (often 50:50) in the event of a divorce.
Community property rules apply in some US states and some continental European countries. As far as I\'m aware Singapore doesn\'t apply community property rules, but I haven\'t researched that.
http://ww3.komotv.com/Global/story.asp?S=441375
Community Property in Divorce Proceedings

--------------------------------------------------
Note added at 41 days (2004-04-17 14:57:56 GMT) Post-grading
--------------------------------------------------

The UK doesn\'t apply community property.
Selected response from:

DGK T-I
United Kingdom
Local time: 19:42
Grading comment
I surely hope that I will never be put in a position to ask such a question again. In the end Giuli's suggestion appears to have been best. I could not find a short answer.

Best of thanks to everyone.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4some Singaporean references - I wouldn't go for a "snappy one or two word term"
DGK T-I
3 +1see comment; UK only
Hacene
3Guetertrennungtrautlady


Discussion entries: 2





  

Answers


7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
Guetertrennung


Explanation:
leider faellt mir im Augenblick keine Website ein.

trautlady
United States
Local time: 11:42
Native speaker of: Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
neutral  Hacene: is it English? maybe you should make it invisible as it is not helpful at all
2 mins

neutral  Sarah Ponting: looks more like German to me ;-)
9 hrs

neutral  ingo_h: and "Gütertrennung" is something else ... In such a case you have no matrimonial assets at all.
10 days
Login to enter a peer comment (or grade)

15 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
see comment; UK only


Explanation:
it would all depend on whether it is a disputed or mutually agreed divorce, and all will be based on the marriage agreement.
check up the web site below, but it applies just to the UK.


    Reference: http://www.divorce.co.uk/legal/englandwales/legalcloserlook/...
Hacene
United Kingdom
Local time: 19:42
Native speaker of: Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
agree  Vicky Papaprodromou
8 hrs
  -> cheers
Login to enter a peer comment (or grade)

10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
some Singaporean references - I wouldn't go for a "snappy one or two word term"


Explanation:
http://www.familycourtofsingapore.gov.sg/principles/NewMPR20...
WOMEN’S CHARTER(CHAPTER 353)WOMEN’S CHARTER
(MATRIMONIAL PROCEEDINGS)RULES 2003

“(b) an order for the division of matrimonial assets, “
(as in claims, or relief, for an order for the division of matrimonial assets - in an agreement, it would be agreement on the...)

template
www.familycourtofsingapore.gov.sg/principles/ NewMPR2003/Forms_MPR.doc


http://law.nus.edu.sg/sjls/sjls1993d.htm#Division 1993
Division of Matrimonial Assets : Recent Cases and Thoughts for Reform
- Leong Wai Kum
Since 1981, Singapore courts have the power, upon granting a decree which terminates a marriage, to order the division between the spouses of matrimonial assets which they had acquired during the course of the marriage. This article discusses this power as part of the law on the effect of marriage upon the ownership of assets. It examines the scope of the power as it has been developed by the courts and suggests improvements should an amendment be contemplated.

http://www.8links.com/legal_divorce.htm
In a divorce proceeding, the parties may apply for :-
i. maintenance;
ii. custody; and
iii. other ancillary matters for example the division of matrimonial assets, including the matrimonial home.

http://snaffer.typepad.com/viewpoints/2003/09/25_million_or_...
Straits Times
“The CJ [Chief Justice (in Singapore)]explained that the court did not apply a 50-50 division of matrimonial assets, unlike when smaller sums are involved and both parties suffer a fall in standard of living after they split.”


Example of a Singaporean legal writer talking about 'jointly owned property' for property property which the parties have bought together, or is held in both their names - admittedly about Taiwan, but the term is used in English law too - it should be fine for Singapore.

http://www.geocities.com/hello_tai_tai/taiwanwomen.html
Victory for Taiwan Women
By Goh Sui Noi 2002 Singapore Straits Times 18 May 2002
“Another problem with the unreformed law was that in Taiwan a husband's wishes took precedence over those of his wife in any dispute about the division of jointly owned property and husbands were not obliged to hand over anything from the sale of such property. The new law says that property that a spouse brings into a marriage or acquires as an individual afterward remains his or hers exclusively. Property that has been acquired jointly cannot be transferred without the agreement of both parties, who can apply for a court order to determine their relative shares in the property should they be unable to agree themselves”





--------------------------------------------------
Note added at 16 hrs 24 mins (2004-03-07 15:54:35 GMT)
--------------------------------------------------

http://www.lawgazette.com.sg/2002-9/Sep02-cases.htm
Singaporean law report (talking about a case in a Delhi court, but it should be alright for Singapore).
\"Jayant and Mala subsequently reached a settlement on division of matrimonial assets, custody and maintenance in October 1999\"


--------------------------------------------------
Note added at 41 days (2004-04-17 14:55:29 GMT) Post-grading
--------------------------------------------------

Thinking about it again, a long time after the question was asked and answered, I remembered about \"community property\" rules.
In \'community property jurisdictions\' property acquired during the marriage is often regarded as being owned by the husband and wife, regardless of who bought it, and divided between them (often 50:50) in the event of a divorce.
Community property rules apply in some US states and some continental European countries. As far as I\'m aware Singapore doesn\'t apply community property rules, but I haven\'t researched that.
http://ww3.komotv.com/Global/story.asp?S=441375
Community Property in Divorce Proceedings

--------------------------------------------------
Note added at 41 days (2004-04-17 14:57:56 GMT) Post-grading
--------------------------------------------------

The UK doesn\'t apply community property.

DGK T-I
United Kingdom
Local time: 19:42
Specializes in field
PRO pts in category: 50
Grading comment
I surely hope that I will never be put in a position to ask such a question again. In the end Giuli's suggestion appears to have been best. I could not find a short answer.

Best of thanks to everyone.
Login to enter a peer comment (or grade)




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