facebookIs it possible for father to not give up anything and keep custody of child at the same time in the case of mother cheating? - Seedly

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Anonymous

17 Feb 2021

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Is it possible for father to not give up anything and keep custody of child at the same time in the case of mother cheating?

My friends father caught his wife cheating on him and had concrete evidence with video + audio recordings. The father managed to take custody of both children and did not have to give up any assets , is it possible or just lucky?

AMA SingaporeLegalAdvice.com

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June Lim (Managing Director of Eden Law)

17 Feb 2021

Partner lawyer at SingaporeLegalAdvice.com

It is a common misconception that the divorce and ancillary matters are related to each other. The truth is that the divorce (i.e. the reasons for the irretrievable breakdown of the marriage) and the ancillary matters (i.e. custody, care and control and access to children, maintenance and division of matrimonial assets) are distinct from each other. The Court grants the divorce if the Plaintiff can show one of the 5 grounds of divorce, adultery being one of them. The Court usually orders parties to share joint custody of children, to encourage them to cooperate with each other on important decisions relating to the children post-divorce. Care & control is decided with the welfare of the child in mind, and it is usual for mothers to be granted care & control of young children if all things are equal. The division of matrimonial assets is determined through a mathematical calculation of parties' direct financial contributions (i.e. payments towards the purchase of the property and housing loan) and indirect contributions which include factors such as length of marriage, children, payments for household and children's expenses etc.

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