QZ v QY: Appeal on Ancillary Orders in Divorce - Custody, Access, Maintenance, and Division of Matrimonial Assets

In the divorce case of QZ v QY, the High Court of Singapore heard an appeal by the Wife against orders pertaining to the division of matrimonial assets, custody, access, and maintenance. The High Court, Lee Seiu Kin J, remitted the matter to the District Court for trial on the issue of the Respondent's assets, finding that there were substantial disagreements regarding the Respondent's assets and income that warranted a trial to ensure a just and enforceable order.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part; matter remitted to the District Court for trial on the issue of the Respondent’s assets.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning ancillary orders in a divorce case, focusing on custody, access, maintenance, and division of matrimonial assets. The High Court remitted the matter for trial on the issue of the husband's assets.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
QZPetitioner, RespondentIndividualAppeal allowed in partPartial
QYRespondent, AppellantIndividualMatter remitted to the court below for trial of the issue of the Respondent’s assetsRemanded

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Nicole LohHarry Elias Partnership
Irving ChohRajah & Tann
Felice PngRajah & Tann

4. Facts

  1. The parties were married on 18 September 1992.
  2. The Wife filed a petition for divorce on 16 August 2002.
  3. The Decree Nisi was made on 17 October 2003.
  4. The Decree Absolute was made on 28 June 2004.
  5. The District Judge made ancillary orders on 16 March 2006.
  6. The Husband filed two appeals against the orders of 16 March 2006.
  7. The judge below drew an adverse inference from the lack of forthrightness of the Husband and held that he had assets worth $1.2m.

5. Formal Citations

  1. QZ v QY, D 603099/2002, [2007] SGHC 79

6. Timeline

DateEvent
Parties married
Wife filed a petition for divorce
Decree Nisi made
Decree Absolute made
District Judge made ancillary orders
Appeals heard by Lee Seiu Kin J
Orders modified by Lee Seiu Kin J
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court remitted the matter to the District Court for trial on the issue of the Respondent's assets.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Determination of asset ownership
  2. Access to Children
    • Outcome: The court amended the access orders.
    • Category: Substantive
  3. Maintenance
    • Outcome: The court ordered interim maintenance.
    • Category: Substantive

8. Remedies Sought

  1. Division of matrimonial assets
  2. Custody of children
  3. Maintenance for wife and children
  4. Access to children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Section 112(1) of the Women’s Charter (Cap 353, Rev Ed 1997)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ancillary orders
  • Matrimonial assets
  • Custody
  • Access
  • Maintenance
  • Division of assets
  • Interim maintenance

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Divorce90
Division of Assets90
Maintenance85
Child Support80
Child Custody75

16. Subjects

  • Family Law
  • Divorce
  • Ancillary Matters