AAT v AAU: Division of Matrimonial Assets, Custody, and Maintenance

In the case of AAT v AAU, the High Court of Singapore addressed ancillary matters following a divorce, including the division of matrimonial assets, custody of the two children, and maintenance for the wife and children. The husband appealed against all orders except those granting joint custody and access arrangements. The court made orders regarding the division of the matrimonial home, other assets including shares and properties, and continued maintenance payments, with specific proportions allocated to each party.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for wife and children.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment regarding division of matrimonial assets, child custody, and spousal maintenance following a divorce. Husband's appeal partially dismissed.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AATPlaintiffIndividualOrders made for division of matrimonial assets and maintenancePartial
AAUDefendantIndividualOrders made for division of matrimonial assets and maintenancePartial

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Deepak NatverlalYong Koh & Partners
Basil Ong Kah LiangPK Wong & Associates LLC

4. Facts

  1. Parties married in 1984 and have two children.
  2. Interim judgment for divorce was granted in 2007 on grounds of unreasonable behaviour.
  3. Husband was previously CEO and then executive chairman of [B Co].
  4. Wife stopped working after marriage at the husband’s request.
  5. Husband claims substantial contributions to the matrimonial home.
  6. Wife accused husband of not fully disclosing assets.
  7. Husband was ordered to pay interim maintenance of $6,450 per month.

5. Formal Citations

  1. AAT v AAU, DT 4034/2006, [2009] SGHC 140

6. Timeline

DateEvent
Parties married
Parties adopted the elder child
Husband bought [Property 2]
Husband sold [Property 2] and bought [Property 3]
Husband bought [Property 1]
Husband worked in Hong Kong
Husband returned to Singapore
Second child was born
[B Co] was listed
Husband appointed as executive chairman of [B Co]
Husband left the matrimonial home
[Property 6] apartment transferred to the husband
Parties reconciled and husband returned home
Husband received proceeds from sale of [Property 7] apartment
Wife made unauthorised withdrawals from husband's account
Interim judgment for divorce granted
Husband applied to court for access
Interim access order made
Letter from [F] stating he owns [Property 6]
Husband's salary reduced to $15,000 per month
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the division of the matrimonial home, shares, and other properties in a 65/35 split in favor of the husband.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct and indirect contributions
      • Full and frank disclosure of assets
  2. Custody, Care and Control of Children
    • Outcome: The court granted joint custody to both parents, with care and control to the wife.
    • Category: Substantive
  3. Maintenance of Wife and Children
    • Outcome: The court ordered the husband to continue paying $6,450 per month for the wife and children's maintenance, as well as accommodation and car expenses.
    • Category: Substantive

8. Remedies Sought

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

9. Cause of Actions

  • Divorce (Unreasonable Behaviour)

10. Practice Areas

  • Family Litigation
  • Divorce
  • Ancillary Matters

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
NK v NLCourt of AppealYes[2007] 3 SLR 743SingaporeGuided the determination of issues before the court.
Lee Bee Kim Jennifer v Lim Yew Khang CecilHigh CourtNo[2005] SGHC 209SingaporeCited regarding interim maintenance being less than the final award.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Joint Custody
  • Care and Control
  • Maintenance
  • CPF
  • Shares
  • Property
  • Interim Judgment
  • Ancillary Matters

15.2 Keywords

  • divorce
  • matrimonial assets
  • child custody
  • maintenance
  • Singapore
  • family law

17. Areas of Law

Area NameRelevance Score
Family Law95
Division of Assets90
Matrimonial Assets90
Maintenance80
Child Support80
Child Custody80
Trust Law20
Wills and Probate20
Contract Law10

16. Subjects

  • Family Law
  • Divorce
  • Asset Division
  • Child Custody
  • Maintenance