Should either party pass on before a judgment is made, the marriage is naturally terminated and hence all matrimonial proceedings will stop? There is no further need for a court order.
For an order of
maintenance, both parties must be alive. In the event where a husband passes
away, and the wife had wished to claim for maintenance, this is also not
possible in the family court. From the death of a spouse, the law of succession
takes over in the distribution of the estate.
However,
maintenance can likely proceed on two criteria:
Maintenance has been ordered before the husband’s death; and
1 1) Payment is in the
form of lump sum, or arrangements have already been discussed and secured prior
to the death.
In the case of lump
sum, the amount can be simply taken from his estate. However, in the case of
periodic payments, the wife is likely to not be able to obtain payments unless
there have already been secured sources of funding as discussed.
Should you have any further questions on family law or
require legal representation, kindly contact Gloria James-Civetta & Co on
6337-0469 for a free consultation with our family lawyer, or email to consult@gjclaw.com.sg
No comments:
Post a Comment