AQT v AQU: Division of Matrimonial Assets, Wife & Children Maintenance

In the High Court of Singapore, Lai Siu Chiu J presided over the ancillary matters of AQT v AQU, a divorce case. The key issues were the division of matrimonial assets, maintenance for the wife, and maintenance for the three children. The court determined the pool of matrimonial assets, addressed allegations of non-disclosure by the husband, and ultimately made orders for the division of assets and the provision of maintenance to the wife and children.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for wife and children.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court judgment on division of matrimonial assets and maintenance for wife and children after a 17-year marriage.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AQUWifeCorporationDivision of matrimonial assets and maintenance orders madePartial
AQTHusbandIndividualDivision of matrimonial assets and maintenance orders madePartial

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Foo Siew FongHarry Elias Partnership LLP
Cheong Yen Lin AdrieneHarry Elias Partnership LLP
Deborah BarkerKhattar Wong
Ang Keng LingKhattar Wong

4. Facts

  1. The Husband and Wife were married on 5 June 1992 and the Husband filed for divorce on 22 December 2007.
  2. The Wife and the three children of the marriage reside in the United Kingdom.
  3. The Husband is the Head of e-FX Sales, South East Asia, at a foreign bank in Singapore.
  4. The Wife is a homemaker.
  5. The Husband established the Bemali Trust for the benefit of the children.
  6. The Matrimonial Home is a 5-bedroom house in Chesham, UK.
  7. The Husband owns two condominium units in Phuket, Thailand.

5. Formal Citations

  1. AQT v AQU, Divorce Suit No DT 5783 of 2007/H, [2011] SGHC 138

6. Timeline

DateEvent
Parties married
Husband filed for divorce
Court granted leave for Wife and children to return to the UK
Interim judgment of divorce granted to Wife
Court ordered additional reimbursement to Wife of relocation expenses
Parties entered into a consent order for the custody, care and control of the children
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the pool of matrimonial assets, excluding the Bemali Trust, and apportioned the assets between the parties based on their contributions and the needs of the children.
    • Category: Substantive
    • Sub-Issues:
      • Inclusion of Bemali Trust as matrimonial asset
      • Valuation of assets
      • Contributions of parties
      • Needs of the children
  2. Maintenance for Wife
    • Outcome: The court ordered the husband to pay the wife a lump sum maintenance of £204,000, considering her needs and the husband's earning capacity.
    • Category: Substantive
    • Sub-Issues:
      • Earning capacity of parties
      • Financial resources of parties
      • Lump sum maintenance
      • Duration of maintenance
  3. Maintenance for Children
    • Outcome: The court ordered the husband to pay £800 per month for each child, in addition to school fees and education-related expenses, taking into account UK subsidies received by the wife.
    • Category: Substantive
    • Sub-Issues:
      • Needs of the children
      • Financial resources of parents
      • UK subsidies for children
  4. Full and Frank Disclosure of Assets
    • Outcome: The court found that the husband had made full and frank disclosure of his assets and declined to draw any adverse inference against him.
    • Category: Procedural
    • Sub-Issues:
      • Missing documents in discovery affidavit
      • Inconsistencies in employment letter
      • Undisclosed rental income
      • Suspicious bank transactions

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for wife
  3. Maintenance for children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation
  • Ancillary Matters

11. Industries

  • Banking
  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lim Ngeok Yuen v Lim Soon Heng VictorHigh CourtYes[2006] SGHC 83SingaporeCited for the principle that the court has discretion to exempt technically matrimonial assets from division.
NI v NJUnknownYes[2007] 1 SLR(R) 75SingaporeCited regarding the use of Section 132 of the Women's Charter to claw back assets disposed of to reduce means to pay maintenance.
O’Connor Rosamund Monica v Potter Derek JohnHigh CourtYes[2011] SGHC 53SingaporeCited for the relevant principles on drawing adverse inferences.
Tribune Investment Trust Inc v Soosan Trading Co LtdCourt of AppealYes[2000] 2 SLR(R) 407SingaporeCited for the principle that drawing an adverse inference should not be used to shore up deficiencies in the opposite party's case.
Yeo Chong Lin v Nancy Tay Ang ChooCourt of AppealYes[2011] SGCA 8SingaporeCited for the principle that the operative date for determining matrimonial assets can vary depending on the facts of the case.
Lock Yeng Fun (mw) v. Chua Hock ChyeUnknownYes[2007] 3 SLR(R) 520SingaporeCited for the principle that in long marriages where the wife is a full-time homemaker, the courts have awarded 35% to 40% of the matrimonial assets.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the principle that both direct and indirect contributions are equally important factors in dividing matrimonial assets.
BG v BFCourt of AppealYes[2007] 3 SLR(R) 233SingaporeCited for the principles of Section 114 of the Women's Charter regarding financial preservation and meeting the needs of each spouse.
Wong Amy v Chua Seng ChuanHigh CourtYes[1992] 2 SLR(R) 142SingaporeCited for the crucial observations in relation to the powers of the court in ancillary matters.
Quek Lee Tiam v Ho Kim SweeHigh CourtYes[1995] SGHC 23SingaporeCited for the principle that maintenance is needed to ease the wife back into the workforce and even out any economic prejudice she might have suffered during the marriage.
Tham Khai Meng v Nam Wen Jet BernadetteUnknownYes[1997] 1 SLR(R) 336SingaporeCited regarding the awarding of costs in ancillary proceedings.
Shi Fang v Koh Pee HuatUnknownYes[1996] 1 SLR(R) 906SingaporeCited regarding the hearing of ancillary matters as a continuation of the hearing of the petition.
Quek Lee Tiam v Ho Kim Swee (alias Ho Kian Guan)High CourtYes[1995] SGHC 23SingaporeCited for the principle that the wife was expected to regain as much self-sufficiency as possible.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Bemali Trust
  • Maintenance
  • Lump sum maintenance
  • Full and frank disclosure
  • Interim judgment
  • Ancillary matters
  • QROPS Pension Fund
  • Matrimonial Home

15.2 Keywords

  • Divorce
  • Matrimonial assets
  • Maintenance
  • Children
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Divorce90
Maintenance85
Child Custody80
Child Support80
Evidence20
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance