Questions:

(a)I have been paying the loan of the matrimonial assets with my partner over the years but my name is not the title, am I able to apply for the division of such matrimonial assets?

(b)We have been married for many years but we do not have any mutual assets, am I able to apply for the division of his/her assets?

(c)I have been taking care of the children and the family over the years but I am not employed, am I able to apply for the division of his/her assets?

What amounting to matrimonial assets?

Matrimonial assets can be immovable property, EPF, shares, stocks, monies in bank account, cars and etc

Adulterous Actions

The conduct of parties and adultery have no relevance in determining division of matrimonial assets.

Such issue only concern the award of damages of adultery and wife maintenance.

s.76 of the Law Reform (Marriage and Divorce) Act 1976 provides:

76(1): power of the court to divide the matrimonial assets between the parties upon divorce or judicial separation

76(2): factors to be considered during the division of matrimonial assets:

(a) the extent of contributions made by each party in money, property or work towards the acquiring of the assets or payment of expenses for the benefit of the family;

(aa): the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home or caring for the family.

(b)any debts owing by either party which were contracted for their joint benefit;

(c) the needs of the minor children, if any, of the marriage;

(d) the duration of the marriage

76(5): For the assets acquired during a marriage include assets owned before the marriage by one party which have been substantially improved during the marriage by the other party or by their joint efforts.