Showing posts with label advice. Show all posts
Showing posts with label advice. Show all posts

Monday, September 24, 2007

Salvaging a marriage

23 Sep 2007, ST

In this fortnightly series, relationship gurus Allan and Barbara Pease offer advice for you and your better half. The married couple from Australia are the authors of Why Men Lie And Women Cry. Send your questions to info@peaseinternational.com

By Allan And Barbara Pease, RELATIONSHIPS MATTER

I have been married for almost eight years and have a five-year-old son. I have had two miscarriages during our marriage.

Both times, my husband failed to give me support when I needed it. Not only did he refuse to accompany me to the monthly checks during all my pregnancies, but he also did not come to the hospital when I lost the babies.

He just told me it was okay, that we are still young and can have kids again. He did not show any concern.

I kept the pain inside me until I found comfort in a man whom I know from work. My husband found out and asked for a divorce. We are not on talking terms now.

I would like to salvage the marriage for my son's sake. I suggested that we go for counselling but he refused, saying he doesn't need it.


Barbara says: I feel for you. There are no words to describe the despair over losing a child, and to be left alone in such an emotional state must have been very hurtful and disappointing.

But have you considered that your husband may have suffered just as much as you, but tried to find comfort in assuring himself and you that both of you are still young enough to have other children?

Men can feel very helpless in such a situation and it would have probably helped him if you had said you needed his support.

Allan says: It is, indeed, very difficult for men to openly discuss their feelings, and even more so over delicate matters such as yours. It is very important to communicate your needs to your husband, so he doesn't have to guess.

Your finding comfort in another man must have been a blow to his masculine pride too.

What you should do: To save your marriage, open up to each other's needs. Honesty and great communication is the key to a successful relationship. But so are trust and respect.

You have made a mistake, and you are probably still holding a grudge against him for failing you when you needed him. So in a way, you both have betrayed your trust and love for each other. Address this issue first.

Counselling is a good idea, but here again, it is difficult for a man to admit that his marriage needs help. It would probably help if you start opening up first.

Tell him exactly how his seemingly careless behaviour in significant times of your lives has hurt you and tell him that you want that to change.

Then give him the chance to tell you how he feels. If you offer him respect and love and truthful communication, he might find it easier to open up.

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After 18 months, my girlfriend ended our relationship, claiming I was immature.

I now realise my mistakes: My self-esteem was low, I had bad grades in school, I wasn't motivated or ambitious, and I complained a lot. I was basically a living corpse.

Now she is seeing a 43year-old manager. I don't believe she is as happy as she says she is. I have accepted her new life and I'm happy we are still friends.

But when we see each other at singing lessons, I realise that I am still not over her. I am snappy and still hold grudges against her.


Barbara says: I can understand your unhappiness, but you have already taken the most important step in realising and admitting your problem. That takes a lot of courage in itself and the next steps will come naturally.

Try not to concentrate too much on your ex-girlfriend. She has given you enough hints; it's up to you now to look at yourself, your life and where you are heading with it.

Professional help may give guidance along the way.

Allan says: Accusations of immaturity can shake your ego and intensify feelings of unworthiness.

However, you are aware of the situation, and it is time to re-establish yourself.

Focus on the things that you like, such as sports and friends, to restore overall motivation.

Your chosen degree could also be stopping you from getting ahead. Lower grades can indicate that this is not the right field for you. Think about it and see if that choice is what you really want for your life.

What you should do: Take all aspects of your life into consideration and change the things you are not happy with. Recall where your state of being ?a living corpse? may have started and find out what triggered it.

You may very well suffer from depression and not even realise it. It may be a good idea to consult a professional about that.

Meanwhile, as you learn to manage your emotions, observe when you feel jealous and snap. See what it does to you, acknowledge those feelings and let them go.

Only when you are being yourself, feeling good about who you are and what you do can you attract the right person into your life. It may or may not be your ex-girlfriend.

Concentrate on your own revitalisation, growth and self-esteem.


Monday, July 2, 2007

Can ex-wife who agreed to no maintenance ask for money now?

01 Jul 2007, ST

Q I WAS married in 1983 and got divorced in 1997.

I have two teenage children. I quit my job to take care of our children as the maid was always causing problems. I was a housewife at the time of my divorce.

My former husband was unfaithful and wanted to have a new life.

He is paying maintenance for the two children but there is nothing for me. I agreed to the arrangement at that time as I had no time to think and argue. I was upset and in shock that he had left me for another woman.

It was agreed that 40 per cent of the proceeds of the sale of the matrimonial home would be a lump sum payment for me.

But the private apartment is still unsold as the price it would fetch is too low. Still, I may get nothing much if it were sold because I was not working then and my former husband was the one paying the mortgage. As such, I expect the bulk of the proceeds will be returned to his Central Provident Fund account.

When our children reach 21 years of age, he might stop paying maintenance so I am wondering whether I can get some money from him now.

I am still single.

My former husband has since remarried and has a six-year-old daughter. I believe he is doing well in his export business.


A I ASSUME that the court order pursuant to which your former husband is making the monthly maintenance payments for your children was a consent order, because you say you had to agree to an arrangement where there was no maintenance for yourself.

It could also be that you may have thought because you had a monthly income, you did not need monthly maintenance.

Alternatively, your maintenance may be in the form of a lump sum from the sale proceeds of your home.

It would have been prudent for you to have insisted on a nominal monthly sum of even $1 to be ordered at that time as this would have left the door open for you to go back to court to seek a variation due to a material change in circumstances.

The fact of your having to stop working to look after the children may well be a material change of circumstances allowing the court to increase the maintenance payable to you.

It appears that in your case, you would not be able to seek a variation of a monthly maintenance order as there is strictly no such periodic maintenance order before the court to vary.

You may, however, apply to vary your children's monthly maintenance if there has been an increase in their expenses - as that is to be expected as they grow up.

The purpose of a lump sum maintenance order is to achieve a clean break and your former husband may also have altered his financial position on the basis that he does not have any periodic financial obligations to you.

Hence, it may well be inequitable and unjust to expect him to provide you with monthly maintenance.

Another problem you have is that your lump sum maintenance is not represented by a fixed sum to be carved out of the sale proceeds. You agreed to a fixed percentage only of the sale proceeds and so it would also not be possible for you to argue that your fixed lump sum is not realisable as the price of the flat is too low.

You will still get your 40 per cent whatever the sale price.

There have been cases where the courts have made the necessary variations in which the agreed lump sum could not be realised as the price of the home had dropped after the parties had entered into such an agreement.

Finally, if yours is a consent order, the only way such an order can be set aside is for you to show that there was fraud or a mistake because such an order is really like a contract you entered into with your former husband.

Your ray of hope may be that prices of private apartments have picked up and you may eventually be able to sell your home at a higher price.

Amolat Singh
Lawyer
Amolat & Partners