\-\h 8 POSTGRADUATE PRACTICAL LAW COURSE 2000 FAMILY LAW PRACTICE & WILLS, PROBATE & ADMINISTRATION PAPER MONDAY, 27 NovemBer 2000 10.00 AM - 1.00 PM GENERAL INSTRUCTIONS TO CANDIDATES AL ‘The Board of Legal Education Postgraduate Practical Law Course Examination Rules 2000 shall apply. B. On your answer booklet, - write your PLC number only (not your name); - for “Paper”, write “Family Law Practice & Wills”; and - for “Section”, write “A - Family Law Practice” or “B - Wills Etc.”, as appropriate. Use separate booklets for_the two sections. Do not tie the £wo booklets together. Answer FOUR (4) questions in all:- 7 ‘Dwo questions must be answered from Section A (Family Law Practice); and - Two questions must be answered from Section B (Wills, Probate & Administration). D. This question paper consists of 10 pages (inclusive of this page). E This is a 3-hour examination with an additional reading time of 10 minutes.SECTION A (FAMILY LAW PRACTICE) . Answer Tivo questions only. 1. In June this year, Tom and Jenny, who were 1” year undergraduates at the Nanyang Technological University ("NYU"), went to Bali for a holiday. Tom is 21 years of age while Jenny is 19 years old. They were so caught up in the romance of the place that they decided to enter into a marriage solemnisation at a Balinese temple. 4 Shortly after their return to Singapore, Jenny discovered that she was expecting. Both she and Tom were rather distressed about this as the pregnancy was unplanned and both of them did not feel ready to stata, 028 wt family. In fact, they did not really consider themselves married as they| “passer thought that the marriage ceremony they went through in Bali would tat * have no effect in Singapore. ee As Jenny is anxious to understand the implications of what she and -2 capac! Tom have done, Jenny has come to see you to seek advice on whether format the marriage entered into in Bali will be regarded as a valid marriage in ~~ Singapore. Ifyou require further information, please state what such sex information is. Regardless of whether the marriage entered into in Bali is recognised in Singapore, Jenny wishes to go through a marriage ceremony with > 14 we? ‘Tom at the Registry of Marriages. She informs you, however, that ber parents are furious with her and are likely not to give their consent 10 her marriage, She wants your advice on whether shie can marry ‘Tom at the Registry of Marriages even if her parents refuse to give their consent. Please state your advice to her. ‘Two months later, Jenny comes to see you in a very distressed state. ‘Tie Gisapproval fiom her parents and Tom's parents, coupled with the— 2 ye- b= effects of her pregnancy and the new-téum at NIU, have created a great -P unless - - deal of pressure on Tom and her. Their relationship bas therefore soured somewhat. In fact, she suspects that Tom is seeing someone else. About a week ago, when she confronted him about it, he flew into a great rage. After a long and painful argument, Tom stalked off but not before elbowing: Jenny somewhat roughly to one side as she (7) pluyes cal tried to prevent him from walling away. Jenny fell to the floor. Tom just looked back and kept walking away saying that he would not mind eee if she miscarried. Unfortunately, as a result of her fall, she miscarried. = " O cued [Assume that your earlier advice to Jenny was that the marriage is“ valid}, Jenny now wants to kuow if there is any way she can end the marriage as she wants to get on with her life. Advise Jenny accordingly.Marcia and Peter have been married for almost 15 years. They have 3 children, Jane (13), John (10) and Greg (5). Peter left the matrimonial home more than 4 years ago to live with his mistress. Kecently, his solicitors have written to Marcia to inform her that Peter will be filing a petition for divorce shortly and asking her to appoint her own solicitors, Marcia has come to see you. She wants to know if there is any way she can resist Peter’s petition. She says that divorce is frowned upon in her religion and her religious community would look with disfavour vpon her were she to become a divorcee. She also informs you that Peter is awaré of her religious affiliation and had in fact had promised her before they were married that he would never betray their vows of marriage. She also says that she still loves him and she believes that he will one day retum to her Marcia also tells you that Peter is a very successfull businessman, However, he is irregular with his maintenance payments and the amount he gives the family varies from month to month, She would like your advice on what she can do to claim a fixed monthly sum from / him as maintenance. In the event that Peter manages to obtain a divorce, Marcia would also like to know, what financial provisions will be made for her. She informs you that she has no assets in her name. All the as (Gnchuding the matrimonial home) are in Peter's name. The assets are as follows: 2) The matrimonial home, a detached house, that was a gift fom Peter's father to him before marriage; b) An apartment in London that Peter bought 17 years’ ago - on the 2 occasions that the family took a holiday in London, they stayed at this apartment; ©) The current apartment that Peter is staying in which was purchased using the money Peter inherited from his father; ) Various country club memberships which were gifts from bis parents ~ the children used to go regularly to one of the clubs for swimming lessons; ©) A conservation shophouse in Emerald Hill that Peter also inherited = the shophouse has since been fully retrofitted with funds provided by Peter. Marcia was the person who substantially oversaw the renovation works and Hased with the architects and other professionals as Peter had to concentrate on his business; £) Shares and cash She is not sure if Peter has any other assets Advise Marcia,