Mediation and Civil Disputes

Mediation and Civil Disputes This article was written by Daryl Er (an intern of OTP Law Corporation) and Emelia Kwa (a trainee at OTP Law Corporation). This article was published by OTP Law CorporationWe have previously covered what mediation entails in our Basic Guide to Mediation (link: http://www.practiceforte.sg/basic-guide-to-mediation/). Having covered many instances where mediation could have been helpful in family cases, we decided to turn the focus a bit onto how mediation can be helpful in civil litigation matters.What do you mean by civil litigation?These are usually cases that start by a writ of summons or originating summons.Where does one go for mediation then?In addition to private mediators, there are two places you can consider when considering mediation for your civil…

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The ABCs of Trusts

The ABCs of Trusts Image Source: Google This article is written by Emelia Kwa, trainee of OTP Law Corporation Despite being such an important part of our legal affairs, the concepts behind trusts can be rather intimidating to understand. We hope that this guide will be able to kick start your understanding of trusts.Who’s who? The settlor is the person who created the trust. He may or may not be the trustee of the trust as he can appoint someone else to be the trustee.The trustee is the person who has the legal right to control how the asset (e.g. property) of the trust in question is handled.The beneficiary is the person who benefits from the trust (i.e. he will…

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An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay On Being Paper-Less

An Interview With PracticeForte Advisory Affiliate Ms. Susan Tay from OTP Law Corporation on Being Paper-Less. The interview was conducted by our technology collaborator, Ms Serena Lim of Bizibody Technology Pte Ltd, this interview can be viewed as part of a workshop by Singapore Academy of Law LIFTED titled Legal Workplace Productivity Solutioning.Registration for the online training module is at  https://lifted.teachable.com/p/using-technology-to-run-a-productive-law-practice .

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The Split After The Split – Part 2

The Split After The Split - Part 2 Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation. Explaining Fair and Equitable Division of Matrimonial Assets-Global Assessment Method for Long, Single-Income MarriageJust when we thought the law is fairly settled after ANJ v ANK [2015] SGCA 34, our apex court concludes in a recent case of TNL v TNK [2017] SGCA 15 that the approach in ANJ will not work for a single income family as it tends to favour the working spouse over the non-working spouse. In the ANJ approach, financial contributions are given weight in both steps. To recollect, the steps stated in the ANJ approach are as follows:1st Step, work out the proportion of direct contributions (cash paid directly toward the acquisition of assets)2nd Step, work…

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The Split After The Split – Part 1

The Split After The Split - Part 1 Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation This is the first of 2 articles to help explain how our courts distribute matrimonial assets fairly and equitably after a marriage ends. Part 1 focuses on dual income families where both spouses worked during the marriage and contributed financially to the acquisition of their matrimonial assets.We cannot deal with this subject without dwelling into the 2015 court of appeal case of ANJ v ANK [2015] SGCA 34. In ANJ, the couple who were married for 9 years, both worked and contributed financially toward the acquisitions of their matrimonial assets. They had 2 young children, 12 & 8.This case seals our apex court’s…

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Is A Deed of Separation Always Foolproof and Ironclad?

Is A Deed of Separation Always Foolproof and Ironclad? Article By: PracticeForte Advisory Affiliate Ms. Susan Tay of OTP Law Corporation 4 October 2016Will a Deed of Separation, usually signed some years ago, be binding when parties finally start their divorce? Those are questions few ask because they just assume the answer to be “Of course!” It is not.Divorces can be messy and the couple in a recent Court of Appeal (“CA”) case of AUA v ATZ tried to avoid this by entering into a Deed of Separation.  In the end, the CA held that some of the terms in the Deed are in fact not binding.This is their story.Ukrainian lady working in Germany and German gentleman working in Singapore…

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Re Claims on Property

Claims on Property Article By: PracticeForte Advisory Affiliate Ong Ying Ping Q: If a married couple with no children were co-owners of an HDB flat and one spouse passes on, how should the family members of the deceased spouse go about laying claim to the flat against the surviving spouse? Can they even do that?A: That depends on whether the HDB flat was owned under joint tenancy or tenancy-in-common. Under joint tenancy, each co-owner’s share is undivided. Put another way, that owner’s share cannot be willed away. Thus, should one of the co-owners pass on, his/her interest in the flat would automatically be passed on to (lawyers call this “vested in”) the surviving co-owner. This is known as the right…

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Re HDB Ownership

HDB Ownership Article By: PracticeForte Advisory Affiliate Ong Ying Ping  Q: My parents and I are co-owners of a HDB flat under joint tenancy. We would like to change the holding type to tenancy-in-common, as well as increase my proportion of shares. Is this allowed? How do we go about it?A: Yes. If there are two or more co-owners or a HDB flat, you may change the holding type of your flat – either from joint tenancy to tenancy-in-common, or vice versa.Once you are holding the flat under tenancy-in-common, the proportion of shares held by each co-owner can be changed. This can be done without monetary consideration. In the re-distribution of proportion of shares, the total must add up to…

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