TV v TW: Division of Matrimonial Assets, Child Custody & Maintenance
In the divorce case of *TV v TW*, the High Court of Singapore, presided over by Justice Woo Bih Li on 17 July 2007, addressed the division of matrimonial assets, maintenance for the wife and three children, and custody arrangements. The court considered the husband's earning capacity, the wife's financial and non-financial contributions, and the children's needs. The court ordered a division of assets, maintenance payments from the husband to the wife and children, and granted joint custody with care and control to the wife.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets, maintenance for wife and children, and joint custody with care and control to the wife.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case involving division of assets, child custody, and maintenance. The court addressed the husband's earning capacity and awarded maintenance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TV | Petitioner | Individual | Maintenance awarded, Joint custody awarded, Division of matrimonial assets | Partial, Partial, Partial | Yap Teong Liang |
| TW | Respondent | Individual | Maintenance ordered, Joint custody awarded | Lost, Partial | Luna Yap |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yap Teong Liang | T L Yap & Associates |
| Luna Yap | Luna Yap & Co |
4. Facts
- The Wife and Husband were married on 29 May 2000 and have three children.
- The Wife filed for divorce on 28 July 2004, citing the Husband's behavior.
- The Husband's employment history was inconsistent, with varying salaries and periods of unemployment.
- The Wife worked as a music teacher and also gave private tuition.
- The couple owned several properties during the marriage, including flats at Bayshore, Yishun, Jalan Kuak, Joo Chiat Terrace, and Bukit Regency.
- The Husband purchased a second house at Joo Chiat Terrace after the divorce petition was filed.
- The Wife and children resided at the Jalan Isnin property after leaving the Bukit Regency matrimonial home.
5. Formal Citations
- TV v TW, DT 3079/2004, [2007] SGHC 113
6. Timeline
| Date | Event |
|---|---|
| Wife and Husband married | |
| Wife left Husband with three children | |
| Wife filed divorce petition | |
| Wife filed SUM 14297/2004 for interim maintenance | |
| Decree nisi granted | |
| Interim order made for Husband to pay $1,000 per month as interim maintenance | |
| SUM 14297/2004 heard by District Judge May Loh | |
| Husband filed SUM 3262/2005 to vary the 8 October 2004 order | |
| District Judge May Loh ordered Husband to pay $4,020.80 per month with effect from 8 May 2005 | |
| Husband filed an appeal in RAS 23/2005 against the 25 April 2005 order | |
| Wife filed an appeal in RAS 26/2005 against the 25 April 2005 order | |
| Justice Andrew Phang dismissed the appeals | |
| Husband filed SUM 11845/2005 to vary DJ May Loh’s order of 25 April 2005 | |
| Husband's application heard by DJ Jocelyn Ong | |
| DJ Jocelyn Ong dismissed Husband's application | |
| Husband filed an appeal RAS 70/2005 against DJ Jocelyn Ong’s order | |
| Justice Judith Prakash dismissed Husband's appeal | |
| Husband filed a second application in SUM 19998/2005 to vary DJ May Loh’s order of 25 April 2005 | |
| Order made for Husband to pay $1,200 per month from January 2006 without prejudice | |
| Ancillaries hearing began | |
| Ancillaries hearing concluded | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the division of matrimonial assets, considering financial and non-financial contributions of both parties.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Non-financial contributions
- Child Maintenance
- Outcome: The court assessed the earning capacities of both parents and the expenses of the children to determine the appropriate maintenance amount.
- Category: Substantive
- Sub-Issues:
- Earning capacity of parents
- Children's expenses
- Standard of living
- Child Custody
- Outcome: The court awarded joint custody to both parents, with care and control to the wife, considering the best interests of the children.
- Category: Substantive
- Sub-Issues:
- Best interests of the child
- Parental conduct
- Child's welfare
8. Remedies Sought
- Divorce Decree
- Maintenance for Wife and Children
- Division of Matrimonial Assets
- Custody of Children
9. Cause of Actions
- Divorce
- Maintenance
- Division of Matrimonial Assets
- Custody of Children
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Foo Tee Sey v Loy Hui Eng | Unknown | Yes | [2001] 4 SLR 256 | Singapore | Cited for the proposition that both parties were under a shared duty to maintain the matrimonial home until its division had been adjudicated upon. |
| Yeo Gim Tong Michael v Tianzon | Unknown | Yes | [1996] 2 SLR 1 | Singapore | Cited to support the definition of matrimonial assets under s 112 (10) of the Women’s Charter. |
| Ong Boon Huat Samuel v Chan Mei Lan Kristine | Court of Appeal | Yes | [2007] SGCA 19 | Singapore | Cited for the principle that the court has discretionary power to decline division of a matrimonial asset where there is a valid reason to do so. |
| Neo Mei Lan Helena v Long Melvin Anthony | Unknown | Yes | [2002] 4 SLR 384 | Singapore | Cited for the proposition that premarital CPF money from one party is part of matrimonial assets if the money is subsequently used to acquire a matrimonial asset. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Interim Maintenance
- Joint Custody
- Care and Control
- Earning Capacity
- CPF
- Decree Nisi
- Ancillary Matters
15.2 Keywords
- divorce
- matrimonial assets
- child custody
- maintenance
- Singapore
- family law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Custody
- Maintenance
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets
- Child Custody
- Maintenance