AQR v AQS: Division of Matrimonial Assets and Wife's Maintenance Post-Divorce
In AQR v AQS, the Singapore High Court addressed ancillary matters following a divorce, including the division of the matrimonial home and other assets, custody of the child, and maintenance for the wife. The court ordered the wife to transfer her rights to the matrimonial flat and other properties to the husband, awarded the wife a lump sum maintenance of $250,000, and granted joint custody of their daughter with care and control to the wife. The decision was made by Lai Siu Chiu J on 27 May 2011.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets, lump sum maintenance for the wife, and joint custody of the child.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case concerning ancillary matters post-divorce, including division of matrimonial assets, child custody, and wife's maintenance. The court ordered the wife to transfer properties to the husband and awarded her a lump sum 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 |
|---|---|
| V Esvaran | Esvaran & Tan |
| N Kanagavijayan | Kana & Co |
4. Facts
- The husband and wife married in Hanoi in August 1996 and moved to Singapore in 1998.
- The husband filed for divorce on 25 April 2008, which was granted on 30 March 2010.
- The husband paid for the matrimonial flat and two Australian properties without financial contribution from the wife.
- The matrimonial flat was registered in the wife's sole name due to her threats and demands.
- The wife was found to have a violent disposition and anger management issues.
- The husband was ordered to pay a lump sum maintenance of $250,000 to the wife.
- The husband was to continue to maintain the wife’s child (“[C]”) who was at liberty to continue to reside with the husband.
5. Formal Citations
- AQR v AQS, DT No 2009 of 2008, [2011] SGHC 139
6. Timeline
| Date | Event |
|---|---|
| Husband and wife met in Hanoi. | |
| Husband and wife married in Hanoi. | |
| Husband and wife moved to Singapore. | |
| [B] was born in Singapore. | |
| Husband and [C] forced to leave the matrimonial flat. | |
| Husband filed divorce suit. | |
| Interim Judgment of divorce awarded to the husband. | |
| Husband filed affidavit of means. | |
| Ancillary matters hearing before the High Court. | |
| Wife to vacate and deliver up possession of the matrimonial flat to the husband. | |
| Husband to stop paying rent for rented premises. | |
| Second maintenance instalment of $50,000 payable to wife. | |
| Decision date of the High Court judgment. | |
| Third maintenance instalment of $50,000 payable to wife. | |
| Appeal to this decision was allowed in part by the Court of Appeal. | |
| Fourth maintenance instalment of $50,000 payable to wife. | |
| Final maintenance instalment of $50,000 payable to wife. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered the wife to transfer her rights to the matrimonial flat and other properties to the husband, finding that he had solely funded their acquisition.
- Category: Substantive
- Sub-Issues:
- Contribution to matrimonial assets
- Transfer of property
- Ownership of assets
- Maintenance for Wife
- Outcome: The court awarded the wife a lump sum maintenance of $250,000, considering the standard of living, the husband's means, and the wife's age and potential earning capacity.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Standard of living
- Earning capacity
- Custody, Care and Control of Child
- Outcome: The court granted joint custody of the daughter to both parents, with care and control to the wife and liberal access to the husband.
- Category: Substantive
- Sub-Issues:
- Joint custody
- Care and control
- Access to child
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
- Custody, Care and Control of Child
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
- Custody of Child
10. Practice Areas
- Divorce
- Family Litigation
- Matrimonial Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wong Ser Wan v Ng Cheong Ling | High Court | Yes | [2006] 1 SLR(R) 416 | Singapore | Distinguished on the basis that the matrimonial flat was not a gift to the wife. |
| Yeo Gim Tong Michael v Tainzon Lolita | High Court | Yes | [1996] 1 SLR(R) 633 | Singapore | Distinguished on the basis that the matrimonial flat was not a gift to the wife. |
| Lim Choon Lai v Chew Kim Heng | Court of Appeal | Yes | [2001] 2 SLR(R) 260 | Singapore | Cited for the 'broad brush' approach in dividing matrimonial assets. |
| NK v NL | High Court | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the global assessment methodology and/or classification methodology in dividing matrimonial assets. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Lump Sum Maintenance
- Joint Custody
- Care and Control
- Affidavit of Means
- Interim Judgment
- Ancillary Matters
- Unreasonable Behaviour
- Matrimonial Flat
- Australian Properties
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- child custody
- family law
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Division of Assets | 95 |
| Family Law | 95 |
| Divorce | 90 |
| Matrimonial Home | 90 |
| Maintenance | 90 |
| Child Custody | 85 |
| Child Support | 85 |
| Ancillary Matters | 80 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
- Child Custody