Is It felony for Married Couples to Divorce to buy an extra ...

In 2018, the Housing and development Board (HDB) eliminated a 3-yr time-bar for divorcees to purchase a HDB flat. This simply capability divorced folks no longer must wait 3 years to buy an HDB flat after their divorce. 

The Minister for national construction had expressed the hope that the removal of the debarment would help divorced humans provide a more conducive residing atmosphere for their children.

besides the fact that children, the stream has sparked issues of exploitation, where couples can also deliberately divorce to buy an extra HDB flat apart from their matrimonial domestic. fiscal gain is a likely reason behind couples resorting to this sort of measure, as they could acquire salary from renting out either flat whereas they are living together.

can i reap a Divorce on the Grounds of paying for yet another HDB Flat?

wanting to buy an extra HDB flat aren't a reason the court will accept for granting a divorce.

this is as a result of to break up, the plaintiff (i.e. the spouse filing for divorce) has to show there was irretrievable breakdown of their marriage with the defendant (i.e. the companion ag ainst whom the divorce is filed). And to do this, the plaintiff has to prove to the court one or more of here statistics:

That the defendant has committed adultery and the plaintiff finds it insupportable to are living with the defendant;

That the defendant has behaved in such a means that the plaintiff cannot moderately be anticipated to reside with the defendant;

That the defendant has deserted the plaintiff for a continual period of at the least 2 years instantly previous the submitting of the writ for divorce;

That the parties to the wedding have lived apart for a continual period of at the least three years immediately preceding the submitting of the writ and the defendant has the same opinion to the divorce; or     

That the parties to the marriage have lived apart for a continuous length of at least 4 years immediately preceding the filing of the writ.     

desperate to purchase one more HDB flat is hence not a legitimate floor for divorce and is hence unacceptable via the courts.

What might ensue If I've successfully got a Divorce and acquired an additional HDB Flat? 

although, what may be an argument is the place married couples who've efficiently been granted a divorce, were found in a while to have deliberately used their new single popularity to purchase another HDB flat.

household attorney Ms Tracy Wang says: 

"in the adventure that HDB finds that the purchaser, being a divorcee, has deliberately divorced to buy an extra HDB flat, HDB may also revoke any grants of subsidies to them and repossess the HDB flat." 

She cautions that such circumstances can also even constitute a criminal offense comparable to cheating. 

To ensure divorces are legit despite the fact, attorneys additionally do their half to ensure couples don't seem to be up to any ruse. Ms Wang outlined that a way legal professionals ascertain the validity of a divorce declare can be by using assessing the behaviour of the couples on a case-by way of-case foundation. 

Have cases of Divorcing to purchase HDB flats been Recurrent in Singapore?

it would not come as a shock to Ms Wang that there are couples deliberately divorcing to purchase one more HDB flat, perhaps for fiscal causes (as mentioned above). nonetheless, Ms Wang says she for my part has now not considered a rise in couples divorcing just to buy an additional HDB flat. 

She delivered that:  

"greater regularly than now not, parties in a divorce would opt to unload their matrimonial flat and flow on with their lives. If a divorced adult retains ownership of the matrimonial flat, here is likely for the well-being of their toddlers, or that selling their HDB flat would result in a loss."

We hope that this text has given you extra consciousness on the legislation on divorce in Singapore. Couples who're considering to deliberately divorce to buy an additional HDB flat may still take note of the feasible penalties. Don't let greed soil the sanctity of marriage. 

this article became first published on Singapore criminal counsel and was republished here with permission. 

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