YG v YH: Division of Matrimonial Assets, Child Custody & Maintenance Dispute
In the case of YG v YH, before the High Court of Singapore on 30 September 2008, the court heard an appeal regarding the division of matrimonial assets, child custody, and maintenance following a divorce. The Husband, YG, appealed against the District Judge's order. The High Court varied the District Judge's order, adjusting the division of assets and the amount of child maintenance to be paid by the Husband. The court emphasized the importance of a broad-brush approach in family law matters and urged the parties to avoid quibbling over minor expenses.
1. Case Overview
1.1 Court
High Court1.2 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 disputes over matrimonial assets, child custody, and maintenance. The High Court varied the District Judge's order.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
4. Facts
- The Husband and Wife were married on 27 June 1998 and have two children.
- The Husband had an extramarital relationship in September 2004.
- The Wife filed a cross-petition for divorce based on the Husband’s unreasonable behaviour.
- The District Judge made an order regarding custody, access, and maintenance.
- Both parties appealed against the District Judge’s order.
- The Husband sought specific orders related to joint custody and access rights.
- The Wife withdrew $118,100 from her POSB Savings Account, which the court deemed part of the matrimonial assets.
5. Formal Citations
- YG v YH, D 5101/2005, [2008] SGHC 166
- VF v VG, , [2007] SGDC 321
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Son born | |
| Daughter born | |
| Husband had an extramarital relationship | |
| Husband filed Divorce Petition | |
| Wife filed a cross-petition | |
| Decree nisi granted on Wife’s cross-petition | |
| Ancillaries hearing before District Judge Jeffrey Sim | |
| Ancillaries hearing before District Judge Jeffrey Sim | |
| District Judge gave his order in respect of the ancillaries | |
| Husband filed an appeal in RAS 107/2007 | |
| Wife filed an appeal in RAS 108/2007 | |
| Husband filed Summons No 15534 of 2007 for a stay of execution | |
| RAS 107/2007 came on for hearing before Woo Bih Li J | |
| Husband’s appeal in respect of the care and control of the son was dismissed | |
| Matrimonial flat sold | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the appropriate division of matrimonial assets based on direct and indirect contributions, applying the global assessment methodology.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect financial contributions
- Indirect non-financial contributions
- Dissipation of assets
- Child Custody
- Outcome: The court made orders regarding communication between parents, access rights, and healthcare decisions, emphasizing the welfare of the children.
- Category: Substantive
- Sub-Issues:
- Joint custody rights
- Access rights
- Welfare of the child
- Child Maintenance
- Outcome: The court adjusted the amount of child maintenance to be paid by the Husband, taking into account changes in the children's expenses and the parties' incomes.
- Category: Substantive
- Sub-Issues:
- Determination of child expenses
- Contribution of each parent
- Changes in circumstances
8. Remedies Sought
- Division of Matrimonial Assets
- Custody of Children
- Maintenance for Children
- Specific Orders on Access Rights
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Child Custody
- Child Maintenance
10. Practice Areas
- Family Litigation
- Divorce
- Child Custody Disputes
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| VF v VG | District Court | Yes | [2007] SGDC 321 | Singapore | Cited for reference to the District Judge's grounds of decision regarding the ancillaries. |
| CX v CY | High Court | Yes | [2005] 3 SLR 690 | Singapore | Cited regarding the principle that the welfare of a child is best served if parents exercise joint parental responsibility even after divorce and regarding custodial matters. |
| BG v BF | High Court | Yes | [2007] 3 SLR 233 | Singapore | Cited for the principle that granting generous access to the parent not vested with care and control would generally be in the children’s best interests. |
| NK v NL | Court of Appeal | Yes | [2007] 3 SLR 743 | Singapore | Cited for elucidating the methodology for the division of matrimonial assets, including the global assessment methodology and the classification methodology. |
| Tham Lai Hoong v Fong Weng Sun Peter Vincent | High Court | Yes | [2002] 4 SLR 464 | Singapore | Cited as judicial support for the global assessment methodology in dividing matrimonial assets. |
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
- Joint Custody
- Access Rights
- Child Maintenance
- Global Assessment Methodology
- Classification Methodology
- Direct Financial Contribution
- Indirect Financial Contribution
- Indirect Non-Financial Contribution
15.2 Keywords
- Divorce
- Matrimonial Assets
- Child Custody
- Child Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 90 |
| Division of Assets | 85 |
| Child Custody | 80 |
| Child Support | 75 |
| Maintenance | 70 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Custody
- Child Maintenance