LV v LW: Division of Matrimonial Assets, Wife's Maintenance, and Child Custody Dispute in Divorce

In the divorce case of *LV v LW*, the High Court of Singapore heard cross-appeals regarding ancillary matters following a divorce decree. The wife, LV, appealed for increased maintenance, a share of matrimonial assets, and higher costs. The husband, LW, appealed for joint custody, reduced maintenance, and a revised division of the matrimonial flat. Choo Han Teck J dismissed the appeals on maintenance and custody but allowed the wife's appeal regarding a share of other matrimonial assets, including a Toto prize and the value of the husband's car. The court also ordered the husband to pay the wife's disbursements in addition to the costs of the ancillary matters.

1. Case Overview

1.1 Court

High Court of Singapore

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets, maintenance for wife and children, and custody. The court partially allowed the wife's appeal.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
LVPetitioner, AppellantIndividualAppeal allowed in partPartial
LWRespondent, AppellantIndividualAppeal dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Foo Siew FongHarry Elias Partnership
S SelvarajMyintSoe & Selvaraj

4. Facts

  1. LV and LW married in 1986 and have four children.
  2. LV stopped working in 1991 to care for the children.
  3. LW is a doctor who owns a clinic.
  4. LV filed for divorce in 2004 based on LW's unreasonable behavior.
  5. LW had an intimate relationship with his clinic assistant, Jessica Lew.
  6. LV and LW won a four-digit lottery in 1994 and used $250,000 to redeem the mortgage on their flat.
  7. LV and LW won a Toto prize in 2003, which LW claimed belonged to Jessica Lew.

5. Formal Citations

  1. LV v LW (divorce: ancillary matters), D 451/2004, RAS 50/2005, 55/2005, [2006] SGHC 50

6. Timeline

DateEvent
LV and LW married.
LV and LW purchased a flat at Toh Tuck Road as joint tenants.
LV helped keep the accounts of LW's clinic.
LV stopped helping keep the accounts of LW's clinic.
LV stopped working to raise the children.
Jessica Lew started working for LW as his clinic assistant.
LV and LW won a four-digit lottery.
Singapore Pools Pte Ltd issued a cheque for a Toto prize.
The Toto prize cheque was deposited into the joint account of LV and LW.
LW purchased a Toyota car.
LV filed for divorce.
LV was granted a decree nisi.
Jessica Lew filed an affidavit.
LW signed a partnership agreement with Jessica Lew.
LW sold his share to Jessica Lew and became her employee.
The District Court made orders on ancillary matters.
Maintenance payments were to commence.
The High Court issued its decision on the appeals.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court allowed the wife's appeal and awarded her a 25% share of additional matrimonial assets, including the Toto prize and the husband's car.
    • Category: Substantive
    • Related Cases:
      • [1995] 2 SLR 231
  2. Maintenance for Wife and Children
    • Outcome: The court dismissed both the wife's and the husband's appeals regarding the amount of maintenance.
    • Category: Substantive
  3. Child Custody
    • Outcome: The court dismissed the husband's appeal for joint custody, upholding the original order granting custody, care, and control to the wife.
    • Category: Substantive
    • Related Cases:
      • [2005] 3 SLR 690

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Children
  4. Custody of Children
  5. Costs

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Ancillary Matters

11. Industries

  • Healthcare

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ng Hwee Keng v Chia Soon Hin WilliamHigh CourtYes[1995] 2 SLR 231SingaporeCited to support the award of a 25% share of matrimonial assets to the wife, recognizing her non-financial contributions to the family.
CX v CY (minor: custody and access)High CourtNo[2005] 3 SLR 690SingaporeCited by the respondent to argue for joint custody, but distinguished by the court due to the older age of the children and the existing access rights granted to the respondent.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Maintenance
  • Custody
  • Toto Prize
  • CPF
  • Joint Tenancy
  • Decree Nisi
  • Ancillary Matters

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Custody
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Division of Assets85
Maintenance80
Child Custody75

16. Subjects

  • Family Law
  • Divorce
  • Ancillary Matters