This week I met a couple with children who appeared in front of me for Mediation.
The wife appeared upset as we went through the ancillary issues. The wife insisted that she is not comfortable with an overnight stay. She was also irritated that the husband would come and bring the kids out or last-minute visits without giving her prior notice; after discussing and understanding each other's views. The parties agreed to have a visitation with an advance notice clause to the wife, and an agreement was formed.
The next stumbling block was when we were discussing marital property. Whilst on paper, the husband is willing to give 100 % of the profits, if any, to the wife, when we ran through the figures, there is little profit after all expenses. The other problem was that the parties had not fulfilled their MOP.
When I asked them have they considered what would happen should HDB not approve the sale to open market, and they have to surrender the flat? They shared, ”No”. When I asked the wife, I don't know, and he said he would make sure I can get an apartment where my children and I can live.
There seems to an agreed amount that they had discussed before mediation as we continued exploring; this promised amount was becoming more unreal. Probably, that was the reason the wife was upset.
I encouraged both parties to seek legal advice from Counsel to clarify their legal rights, obligations and responsibilities. I also encourage them to seek a financial consultant who can provide them with a sound financial plan.
I postponed the case. They were open and optimistic about the suggestions as they realised that if these issues are managed well, they can start their new life chapter on a positive note.
I am happy that they have decided to collaborate and resolve the issue with inputs from the right people so that when they come back, we can have well-informed Consent.
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