关于婚后财产的迷思
1. 新加坡妇女宪章
“matrimonial 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.
所有婚后获取的财产(礼物或遗产除外)都是婚后财产 (法律说一次就好,不需要三次)。什么“你的是我的,我的也是我的”在法律上只是笑话。
2. 案例
- Google “2015 Family Law – Matrimonial Assets – Division site:singaporelaw.sg”
-一个个找
http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/free-law/high-court-judgments (离婚案例多数是缩写 vs. 缩写)
浦伦霭
ARL v ARM [2015] SGHC 61
http://www.singaporelaw.sg/sglaw/laws-of-singapore/case-law/free-law/high-court-judgments/15936-arl-v-arm-2015-sghc-61
The undisputed matrimonial assets and their gross values are set out in the following table:
S/n
Matrimonial Asset
Value
1
Matrimonial Home (joint names)
$1,300,000[note: 15]
(per the Plaintiff’s valuation, which is the higher of the two)
2
The second condominium unit (the Plaintiff’s sole name)
$1,000,000[note: 16]
3
The Plaintiff’s POSB Savings Account
$2,176.75[note: 17]
(as at 21 August 2013)
4
The Plaintiff’s CPF accounts:
Ordinary Account (“OA”): $0
Medisave Account (“MA”): $37,043.24
Special Account (“SA”): $33,079.16
$70,122.40[note: 18]
(as at 29 August 2012)
5
The Plaintiff’s two insurance policies
Undisclosed surrender values
6
Nissan Latio
(on hire purchase)
$ 16,257.00[note: 19]
7
The Defendant’s POSB Savings Account
$2,194.29[note: 20]
(as at 18 December 2012)
8
The Defendant’s United Overseas Bank Uniplus Account
$9,540.10[note: 21]
(as at 1 July 2013)
9
The Defendant’s DBS Plus Account
$1,850.00[note: 22]
(as at 18 December 2012)
10
The Defendant’s CPF accounts
OA: $928.17
MA: $21,638.70
SA: $532.94
$23,099.81[note: 23]
(as at 17 December 2012)
11
The Defendant’s five insurance policies
1) NTUC Income Enhanced Incomeshield Insurance Policy;
2) Aviva Ltd My Shield Policy;
3) Great Eastern Life Whole Life with Escalating Reversionary Bonus Policy;
4) NTUC Income Mortgage Protector Insurance; and
5) Manulife Financial Life Protector Plus Policy.
Undisclosed surrender values for four of the policies.
The fifth policy has a surrender value of $120,000.[note: 24]
Gross value of matrimonial assets
$2,545,240.35