AJR v AJS: Division of Matrimonial Assets and Child Maintenance in Divorce

In the divorce case of *AJR v AJS*, the High Court of Singapore, presided over by Justice Chan Seng Onn, addressed the division of matrimonial assets and child maintenance. The wife filed for divorce on 4 October 2006. The court determined that matrimonial assets would be valued as of the date of the interim judgment (16 March 2007) and divided in a ratio of 20:80 between the husband and wife, respectively, due to the wife's greater financial and indirect contributions. The court also ordered the husband to pay S$2,375 per month for the maintenance of the three children, plus 50% of school fees and ad-hoc activity expenses.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Matrimonial assets divided 20/80 between husband and wife; husband to pay monthly child maintenance.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the distribution of matrimonial assets and child maintenance. The court determined the assets to be divided and ordered the husband to pay monthly maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AJRPlaintiffIndividualDivision of Matrimonial AssetsLost
AJSDefendantIndividualDivision of Matrimonial AssetsWon

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Ragbir Singh s/o Ram Singh BajwaBajwa & Co
Anamah TanAnn Tan & Associates

4. Facts

  1. The parties were married on 26 August 1995 and have three children.
  2. The wife filed for divorce on 4 October 2006, and the husband moved out in January 2007.
  3. Interim judgment was granted on 16 March 2007, with joint custody to both parents and care and control to the wife.
  4. The wife purchased three properties in Malaysia and a piece of land in Singapore after the interim judgment.
  5. The wife exercised stock options in 2008 and 2009, which she had acquired before the interim judgment.
  6. The husband was unemployed from May 2001 to March 2006 and was diagnosed with Attention Deficit Disorder in 2006.
  7. The wife was employed throughout the marriage and earned a significantly higher income than the husband.

5. Formal Citations

  1. AJR v AJS, Divorce Transferred No 4402 of 2006, [2010] SGHC 199

6. Timeline

DateEvent
Parties married in Guam
Wife filed for divorce
Husband moved out of matrimonial home
Interim judgment granted
Wife exercised stock options
Wife exercised stock options
Wife became unemployed
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined that the matrimonial assets would be valued as of the date of the interim judgment and divided in a ratio of 20:80 between the husband and wife, respectively.
    • Category: Substantive
  2. Child Maintenance
    • Outcome: The court ordered the husband to pay S$2,375 a month for the maintenance of the three children, plus 50% of school fees and ad-hoc activity expenses.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Child Maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce Litigation
  • Family Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sivakolunthu Kumarasamy v Shanmugam Nagaiah and anotherCourt of AppealYes[1987] SLR(R) 702SingaporeCited to support the principle that the jurisdiction to make ancillary orders is founded on the reality of the break-up of a marriage.
Yap Hwee May Kathryn v Geh Thien Ee Martin and anotherHigh CourtYes[2007] 3 SLR(R) 663SingaporeCited for the proposition that the Court of Appeal’s ruling in *Sivakolunthu* that “decree of divorce” includes a decree nisi should apply to s 112(1) of the Women’s Charter (Cap 353, 1997 Rev Ed) as well.
Fender v St John-MildmayHouse of LordsYes[1938] AC 1United KingdomCited for the principle that the grant of a decree nisi signifies the end of the matrimonial home and conjugal rights.
Fender v St John-MildmayKing's BenchYes[1936] 1 KB 111United KingdomCited for the principle that the interim judgment puts an end to the whole content of the marriage contract, leaving only the shell, that is, the technical bond.
Lau Loon Seng v Sia Peck EngHigh CourtNo[1999] 2 SLR(R) 688SingaporeCited to show that the principle of equal division is not preserved in the just and equitable formulation in s 112 of the Women’s Charter.
Lock Yeng Fun v Chua Hong ChyeCourt of AppealNo[2007] 3 SLR(R) 520SingaporeCited to show that equality of division of matrimonial assets was not the norm.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the duty of the court to recognise the reality of family dynamics and to give due weight to all indirect contributions which are by their nature not reducible to monetary terms.
Foo Tee Sey v Loy Hui EngHigh CourtYes[2001] 3 SLR(R) 178SingaporeCited for the principle that keeping separate bank accounts does not alter the nature of the monies in the bank accounts as matrimonial assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed) s 112(1)Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) s 127Singapore
Women’s Charter s 69(4)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Interim Judgment
  • Child Maintenance
  • Direct Contribution
  • Indirect Contribution
  • Dissipation of Assets
  • Women's Charter
  • Earning Capacity
  • Financial Resources
  • Joint Custody
  • Care and Control

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Division of Assets90
Matrimonial Assets90
Divorce90
Child Custody85
Child Support85
Maintenance80
Children's Welfare75

16. Subjects

  • Family Law
  • Divorce
  • Asset Division
  • Child Support