AAE v AAF: Division of Matrimonial Assets and Child Maintenance in Divorce
In the divorce case of AAE (Husband) v AAF (Wife), the High Court of Singapore, presided over by Justice Belinda Ang Saw Ean, addressed the division of matrimonial assets and the maintenance of a child. The court determined the division ratio of the matrimonial home and other assets, ordering the Wife to transfer her rights in certain properties to the Husband. The court also ruled that no maintenance was payable by the Husband to the Wife or for the Child, granting custody, care, and control of the Child to the Wife.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed; ancillary orders made regarding division of matrimonial assets and no maintenance payable by the Husband to the Wife or for the Child.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the division of matrimonial assets and child maintenance. The court determined the division ratio and addressed the husband's duty to maintain a non-biological child.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Loh Wai Mooi | Bih Li & Lee |
| Tay Choon Leng John | John Tay & Co |
| Gregory Fong | John Tay & Co |
4. Facts
- The parties were married on 22 February 1994 and divorce proceedings began on 12 September 2006.
- The Husband purchased the matrimonial home shortly after the marriage.
- The Husband acquired another property in 2000 using proceeds from the sale of a pre-marriage asset.
- The Wife did not make full and frank disclosure of her assets.
- A DNA test confirmed that the Husband is not the biological father of the Child.
- The Wife accepted the DNA report and its conclusion.
- The Husband continued to care for the Child even after learning he was not the biological father.
5. Formal Citations
- AAE v AAF, DT 4091/2006, [2009] SGHC 104
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Child born | |
| Divorce proceedings began | |
| Health Sciences Authority DNA Report issued | |
| Maintenance Order granted to Wife | |
| Interim Judgment granted | |
| Wife's maintenance varied to $1 per month | |
| Ancillary orders made | |
| Wife to withdraw caveats | |
| Reasons for decision published |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the division ratio of the matrimonial home and other assets, taking into account the parties' contributions and the Wife's failure to make full and frank disclosure.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct and indirect contributions
- Full and frank disclosure
- Related Cases:
- [2006] 4 SLR 605
- [2000] 3 SLR 55
- [1996] 2 SLR 1
- [1992] 1 SLR 688
- [2007] SGHC 150
- Maintenance of Child
- Outcome: The court ruled that no maintenance was payable by the Husband for the Child, considering the Wife's financial independence and the availability of the biological father.
- Category: Substantive
- Sub-Issues:
- Duty to maintain non-biological child
- Acceptance of child as member of family
- Financial independence of mother
- Related Cases:
- [2006] 2 SLR 137
- Maintenance of Wife
- Outcome: The court ruled that no maintenance was payable by the Husband to the Wife, considering the Wife's financial independence and her previous deception to the court.
- Category: Substantive
- Sub-Issues:
- Earning capacity
- Financial independence
- Misleading the court
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Child
- Custody of Child
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Family Litigation
- Divorce
- Ancillary Matters
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent) | Singapore High Court | Yes | [2006] 4 SLR 605 | Singapore | Cited for the principle of tracing gifts acquired during the course of a marriage and determining whether they should be considered part of the pool of matrimonial assets. |
| Ang Teng Siong v Lee Su Min | Singapore High Court | Yes | [2000] 3 SLR 55 | Singapore | Cited regarding the treatment of assets received by way of gift or inheritance during the course of the marriage. |
| Yeo Gim Tong Michael v Tianzon | Court of Appeal | Yes | [1996] 2 SLR 1 | Singapore | Cited regarding the importance of full and frank disclosure of assets and the special status of the matrimonial home. |
| Wee Ah Lian v Teo Siak Weng | Singapore High Court | Yes | [1992] 1 SLR 688 | Singapore | Cited for the principle that the court is entitled to draw adverse inferences against a party who fails to make full and frank disclosure. |
| Au Kin Chung v Ho Kit Joo | Singapore High Court | Yes | [2007] SGHC 150 | Singapore | Cited regarding the importance of full and frank disclosure of assets in dividing matrimonial assets. |
| WX v WW | Singapore High Court | Yes | [2009] SGHC 70 | Singapore | Cited to distinguish the application of the presumption of legitimacy under s 114 of the Evidence Act. |
| EB v EC | Singapore High Court | Yes | [2006] 2 SLR 137 | Singapore | Cited regarding the duty to maintain a child accepted as a member of the family under s 70(1) of the Women's Charter and the circumstances under which this duty arises. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| s 112(10) of the Women’s Charter | Singapore |
| s 114 Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| s 127(2) read with s 70(1) of the Women’s Charter | Singapore |
| s 70(1) of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Full and frank disclosure
- Maintenance
- Non-biological child
- Joint tenant
- Pre-marriage assets
- Tracing of assets
15.2 Keywords
- divorce
- matrimonial assets
- child maintenance
- family law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Division of Matrimonial Assets | 85 |
| Matrimonial Assets | 80 |
| Maintenance | 70 |
| Child Custody | 65 |
| Child Support | 65 |
| Evidence | 60 |
| Property Law | 50 |
| Family Court | 50 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Maintenance