O'Connor v Potter: Division of Matrimonial Assets and Maintenance in Divorce

In O'Connor Rosamund Monica v Potter Derek John, the Singapore High Court addressed the division of matrimonial assets and maintenance following the divorce of the parties. The court ordered that the wife receive a two-thirds share and the husband a one-third share of the matrimonial home. The parties retained their own assets, and the husband was ordered to pay the wife a lump sum of $50,000 as maintenance. The decision was made by Justice Lai Siu Chiu on 18 November 2009.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment concerning the division of matrimonial assets and maintenance between O'Connor and Potter following their divorce. The court ordered a two-thirds/one-third split of the matrimonial home in favor of the wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
O'Connor Rosamund MonicaPlaintiffIndividualTwo-thirds share in the matrimonial homePartial
Potter Derek JohnDefendantIndividualOne-third share in the matrimonial homePartial

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
G RamanG R Law Corporation
KanyakumariTan Kok Quan Partnership
Serene GanTan Kok Quan Partnership

4. Facts

  1. The wife and husband were married on 19 September 1986 and divorced on 14 October 2008.
  2. The couple has no children.
  3. The wife was a linguist and had a degree in Fine Art.
  4. The husband was a professional engineer and oil trader.
  5. The parties owned a matrimonial home at Sommerville Park.
  6. The wife sought the entire share of the matrimonial home and a lump sum for maintenance.
  7. The husband proposed the sale of the matrimonial home and an equal division of the proceeds.

5. Formal Citations

  1. O'Connor Rosamund Monica v Potter Derek John, DT 310/2008, [2009] SGHC 258

6. Timeline

DateEvent
Marriage of O’Connor Rosamund Monica and Derek John Potter
Wife obtained a degree in Fine Art (Painting) from the La Salle College of the Arts
Divorce granted on the ground of irretrievable breakdown of marriage
Husband made an offer to settle
Decision date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a two-thirds/one-third split of the matrimonial home in favor of the wife.
    • Category: Substantive
    • Related Cases:
      • [2007] 3 SLR 520
  2. Maintenance
    • Outcome: The court ordered the husband to pay the wife a lump sum of $50,000 as maintenance.
    • Category: Substantive

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lock Yeng Fun v Chua Hock ChyeN/AYes[2007] 3 SLR 520SingaporeCited for the principle that the court should exercise its discretion in broad strokes rather than by way of an unrealistic mathematical approach when dividing matrimonial assets.

13. Applicable Rules

Rule Name
O22A r 9(3) of the Rules of Court Revised 2009 edition

14. Applicable Statutes

Statute NameJurisdiction
Section 112 of the Women’s Charter (Cap 353, 1997 Rev Ed)Singapore
Section 113 of the Women’s CharterSingapore
Section 114 of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Maintenance
  • Division of assets
  • Sommerville Park Apartment
  • Lump sum maintenance

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • family law
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Divorce85
Maintenance80
Division of Matrimonial Property75

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance