AKF v AKG: Division of Matrimonial Assets, Child Custody & Maintenance Dispute

In AKF v AKG, the High Court of Singapore addressed ancillary matters following a divorce, including custody, maintenance, and asset division. The court granted joint custody of the two children, ordered a nominal maintenance of $1 per month for the wife, established a trust fund for the children, and divided the matrimonial assets with the wife receiving 40% and the husband 60%. The judgment was delivered by Tay Yong Kwang J on 2010-08-05.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for joint custody, access arrangements, nominal spousal maintenance, and division of matrimonial assets.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving AKF and AKG concerning division of matrimonial assets, child custody, and maintenance after divorce. The court ordered joint custody and divided assets.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AKFPlaintiffIndividualPartial SuccessPartial
AKGDefendantIndividualPartial LossPartial
Raymond Yeo of Raymond Yeo

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
Randolph KhooDrew & Napier LLC
Veronica JosephDrew & Napier LLC
Raymond YeoRaymond Yeo

4. Facts

  1. The Wife and Husband met in Hong Kong in 1989 and married in Singapore in 1994.
  2. Two children were born during the marriage, aged 13 and 10 at the time of the judgment.
  3. The Wife is an auditor earning more than $28,000 per month.
  4. The Husband is in the advertising industry and earns $25,000 per month.
  5. The marriage broke down in 2006, leading to divorce proceedings.
  6. The Wife sought 44% of the total matrimonial assets.
  7. The Husband sought to retain 80% of the net sale proceeds of the Matrimonial Property.

5. Formal Citations

  1. AKF v AKG, , [2010] SGHC 225

6. Timeline

DateEvent
Parties met in Hong Kong
Parties married in Singapore
Marriage broke down
Divorce proceedings filed by the Wife
Interim judgment of divorce granted
Interim care and control order in place
Trust fund to be established within three months
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a division of the matrimonial assets, awarding 40% to the Wife and 60% to the Husband.
    • Category: Substantive
    • Related Cases:
      • [2007] 3 SLR(R) 743
  2. Child Custody
    • Outcome: The court ordered joint custody of the children, with a continuation of the existing care and control arrangement.
    • Category: Substantive
  3. Spousal Maintenance
    • Outcome: The court ordered the Husband to pay a nominal maintenance of $1 per month to the Wife.
    • Category: Substantive
    • Related Cases:
      • [1996] 3 SLR(R) 605
  4. Child Maintenance
    • Outcome: The court made no order for maintenance for the children, but ordered a trust fund to be established for both children at US $150,000 per child, with both the Wife and the Husband contributing 50%.
    • Category: Substantive

8. Remedies Sought

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

9. Cause of Actions

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

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Bee Giok v Loh Kum YongHigh CourtYes[1996] 3 SLR(R) 605SingaporeCited for the principle that the court may vary any subsisting order for maintenance under section 112 of the Women’s Charter and that without a subsisting order, the wife would be precluded from applying to court for maintenance forever.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the description of the global assessment methodology for division of matrimonial assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 1997 Rev Ed) section 112Singapore
Women’s Charter section 112(2)Singapore
Women’s Charter section 127(1)Singapore
Women’s Charter section 127(2)Singapore
Women’s Charter section 69(4)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Joint Custody
  • Care and Control
  • Maintenance
  • Trust Fund
  • Global Assessment Methodology
  • Matrimonial Property

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Divorce90
Family Law90
Division of Assets80
Matrimonial Assets80
Child Custody70
Child Support70
Maintenance60
Children's Welfare50

16. Subjects

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