Question 2

Ms Soh Dee Prez came to your law firm asking for legal advice relating to her marital problems. Your partner assigned you to conduct the first interview with her to find out the facts.

(a) List the basic questions you will ask during the interview.

(b) Explain to Ms Soh what it means that divorce will only be granted if the court finds that the ‘marriage has irretrievably broken down’. Outline the facts for proving that the marriage has irretrievably broken down.

(c) Ms Soh is concerned about the stigma of being a divorcee. Some friends told her that she can apply for annulment instead of divorce. State the various possibilities for annulment and explain the requirements.

(d) Discuss with Ms Soh whether she can rely on her chronic depression to annul her marriage.

(e) Ms Soh is worried that her husband will have access to her money and property if she passes away or loses her mental capacity before the divorce is finalised. Explain to her how to avoid this situation.

(f) In addition, Ms Soh would like to know whether she can make her husband pay her monthly alimony. Outline the factors that the court will take into consideration in deciding whether and how much maintenance the husband may be ordered to pay.

(g) Ms Soh is particularly fearful that once she begins any legal proceedings, her husband will be very angry and behave violently towards her. He has never been physically aggressive to her in the past, but he has been verbally abusive. Identify and discuss some legal options she can take to protect herself.