ABP v ABQ: Division of Matrimonial Assets and Child Custody Dispute

In a divorce case between ABP and ABQ, the High Court of Singapore, presided over by Justice Choo Han Teck, addressed issues of child custody, maintenance, and division of matrimonial assets. The respondent, ABQ, sought custody, maintenance for herself and the child, and a share of the petitioner's assets, including the Serangoon property. The petitioner, ABP, sought custody and discharge from maintenance obligations. The court found that ABP had concealed assets and ordered the Serangoon property to be sold, with 80% of the proceeds awarded to ABQ and 20% to ABP. The existing maintenance orders were to remain.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Order for sale of Serangoon property with 80% of proceeds to the respondent and 20% to the petitioner. Existing maintenance orders remain.

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 found the petitioner concealed assets and awarded the respondent a larger share of the Serangoon property.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ABPPetitionerIndividualShare of Serangoon propertyPartial
ABQRespondentIndividualShare of Serangoon propertyWon
BThird PartyIndividualClaim against house dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Jason Peter DendroffAnn Tan & Associates
Anamah TanAnn Tan & Associates
Winnifred GomezGomez & Vasu
Devi HaridasSim & Wong LLC
Chandra Mohan s/o K NairTan Rajah & Cheah

4. Facts

  1. The petitioner and respondent were married on 6 February 1994 and have one daughter born on 10 February 1995.
  2. The petitioner filed for divorce on 8 June 2004, which was granted on 23 July 2004.
  3. The respondent sought custody, care, and control of the child, as well as maintenance for herself and the child.
  4. The petitioner sought custody and to be discharged from his obligation to pay maintenance to the respondent.
  5. The Serangoon property was purchased in 2004 in the joint names of the petitioner and his mother.
  6. The court found that the petitioner had concealed his assets and that the third party's contributions were not credible.
  7. The daughter expressed a preference to remain with her mother and only visit her father on days of access.

5. Formal Citations

    6. Timeline

    DateEvent
    Parties married
    Daughter born
    Respondent left petitioner
    Toh Yi property purchased
    Campo Research leased Serangoon property
    Consent order for maintenance made
    Option fee paid for Serangoon property
    Petitioner filed for divorce
    Divorce granted
    Variation order for maintenance made
    Serangoon property purchased
    Daughter interviewed by judge
    No contact between petitioner and child since this date
    List of Petitioner’s Assets and Respondent’s Assets filed
    Judgment reserved

    7. Legal Issues

    1. Division of Matrimonial Assets
      • Outcome: The court ordered the Serangoon property to be sold and the proceeds divided 80% to the respondent and 20% to the petitioner.
      • Category: Substantive
    2. Child Custody
      • Outcome: The court granted the respondent custody, care, and control of the daughter, with reasonable access to the petitioner.
      • Category: Substantive
    3. Maintenance
      • Outcome: The existing maintenance orders of 30 January 2004 were to remain.
      • Category: Substantive
    4. Non-Disclosure of Assets
      • Outcome: The court found that the petitioner had not disclosed the true extent of his income and assets, leading to a higher share of the Serangoon property being awarded to the respondent.
      • Category: Substantive

    8. Remedies Sought

    1. Custody of child
    2. Maintenance for respondent and child
    3. Division of matrimonial assets
    4. Discharge from maintenance obligations

    9. Cause of Actions

    • Divorce
    • Division of Matrimonial Assets
    • Child Custody
    • Maintenance

    10. Practice Areas

    • Divorce
    • Family Law

    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
    Guardianship of Infants Act (Cap 122, 1985 Rev Ed), s 5Singapore
    Women’s Charter (Cap 353, 1997 Rev Ed), s 112Singapore
    Women’s Charter (Cap 353, 1997 Rev Ed), s 69(1)Singapore
    Women’s Charter (Cap 353, 1997 Rev Ed), s 69(2)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Matrimonial assets
    • Serangoon property
    • Custody
    • Maintenance
    • Non-disclosure of assets
    • Campo Research
    • Third party contributions

    15.2 Keywords

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

    17. Areas of Law

    Area NameRelevance Score
    Family Law90
    Matrimonial Assets90
    Division of Assets90
    Maintenance80
    Child Custody80
    Child Support80
    Divorce70
    Trust Law30
    Constructive Trust30
    Evidence20
    Fraud and Deceit20
    Duty to Account20
    Gifts10

    16. Subjects

    • Family Law
    • Divorce
    • Matrimonial Assets
    • Child Custody
    • Maintenance