Advice On Procedures and Strategies
For situations like divorce procedures, bankruptcy matters, probate cases and related proceedings – I will provide guidance and the required steps to move the process forward.
Below are some of the most common FAQ I receive with regards to DIVORCE:
Interim Judgement – to be eligible to market the flat in the open market.
Certificate of final judgement – to be required upon the completion of the sale.
Depending on the court order that has been endorsed by the court and agreed by both parties. Usually the CPF property withdrawal will be returned to individual CPF upon the completion of the sale of the property, however there are also some cases under special circumstances, there might be a transfer of CPF monies from one party to the other.
If one party refuses to sell, and provided that the matrimonial flat has to be sold in the open market, then the other party may appeal to the court to show cause and justifications and to get the registrar to represent that party who is unwilling to sell and to execute the sale.
There is no right or wrong to market the matrimonial property at any point in time. However, it is advisable to have the order of court in hand before you execute the marketing – this is to ensure the distribution of the assets are spell out in proper and to avoid any disputes arise in the future, which may cause unnecessary delay in the process.
There are 2 very important things to take note when handling divorce cases:
- Do inspect the court order and divorce documents to ensure that the validity of the court order for the property to be sold in the open market is still valid.
- Do check whether the sale of the property is a positive or negative sale. If it is a negative sale and both parties are affected then its fine to proceed. However, in the event if based on the court order and only one party is affected due to negative sale, then you may need to apply to the court to amend the court order. Do seek your lawyer to advise you on the details.