DAU v DAV: Division of Matrimonial Assets and Maintenance in Divorce Proceedings
In DAU v DAV, the High Court of Singapore heard an appeal by DAU (the husband) against the decision of the district judge regarding ancillary orders in their divorce. The primary legal issues were the division of the matrimonial flat and the amount of lump sum maintenance to be paid to DAV (the wife). Lai Siu Chiu J allowed the husband's appeal, adjusting the wife's share of the matrimonial flat's net sale proceeds to 15% and reducing the lump sum maintenance payment. The court considered the parties' financial and non-financial contributions to the marriage and their respective financial positions.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal Allowed
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 maintenance. The High Court allowed the husband's appeal, adjusting the asset division and maintenance.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Daljit Kaur d/o Harbans Singh | N S Kang |
4. Facts
- Parties married on 22 March 1997; no children.
- Husband is a construction safety officer earning $2,000/month.
- Wife was a property agent earning about $50,000/year before marriage.
- Husband purchased Choa Chu Kang flat in 1992.
- Wife moved into the flat after marriage.
- Parties lived separately from December 2001.
- Wife sold Rivervale flat in 2003 for a profit of $68,998.45.
5. Formal Citations
- DAU v DAV, Divorce Petition No 925 of 2006 (Registrar's Appeal from the Subordinate Courts No 17 of 2010), [2010] SGHC 214
6. Timeline
| Date | Event |
|---|---|
| Husband purchased the Choa Chu Kang flat. | |
| Wife bought Rivervale flat. | |
| Parties married. | |
| Mother-in-law started staying at the matrimonial flat. | |
| Domestic helper employed to look after mother-in-law. | |
| Domestic helper's employment ended. | |
| Mother-in-law passed away. | |
| Marriage broke down. | |
| Wife obtained a Personal Protection Order against the husband. | |
| Domestic Exclusion Order granted. | |
| Wife sold Rivervale flat. | |
| Wife listed as occupier of the matrimonial flat. | |
| Divorce proceedings commenced by the husband. | |
| Maintenance Order No M0909/2007 dated. | |
| Husband started paying wife $500 per month. | |
| Decree nisi granted. | |
| Husband had paid wife $16,500. | |
| Appeal allowed. | |
| Monthly maintenance of $500.00 per month shall cease. | |
| Appeal to this decision in Civil Appeal No 93 of 2010 was heard by the Court of Appeal. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the wife's share of the matrimonial flat to 15% of the net proceeds.
- Category: Substantive
- Maintenance
- Outcome: The court reduced the lump sum maintenance to $5,000.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Lump Sum Maintenance
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- Construction
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Asset
- Matrimonial Flat
- Lump Sum Maintenance
- CPF
- Division of Assets
- Personal Protection Order
- Domestic Exclusion Order
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- singapore
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Asset Division
- Maintenance