AOH v AOI: Division of Matrimonial Assets, Maintenance, Custody, and Access Dispute

In the divorce case of AOH (Wife) v AOI (Husband) before the High Court of Singapore on 18 January 2011, the court addressed ancillary matters including the division of matrimonial assets, maintenance for the child and wife, and custody/access arrangements for their child born in 1996. The court ordered a 52/48 split of the matrimonial home's net sale proceeds in favor of the Wife, and the Husband was ordered to pay the Wife 35% of the net balance from the sale of shares in [B] Pte Ltd. The Husband was also ordered to pay monthly maintenance for the child and nominal maintenance for the Wife. Joint custody was granted, with care and control to the Wife, subject to the Husband's access rights. The Husband's appeal concerns the division of matrimonial assets and costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets, maintenance, custody, care and control, and access.

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, maintenance for the wife and child, and custody/access arrangements. The court determined the division of assets and access.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AOHPlaintiff, WifeIndividualDivision of matrimonial assets in her favorPartial
AOIDefendant, HusbandIndividualDivision of matrimonial assetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Tan Cheng HanPY Legal LLC
Peggy YeePY Legal LLC
Yap Teong LiangT L Yap & Associates

4. Facts

  1. Parties married in January 1994 and have one child born in 1996.
  2. Wife commenced divorce proceedings in September 2006.
  3. The parties owned a matrimonial home near Stevens Road.
  4. [B] Pte Ltd was incorporated in July 1996.
  5. Husband sold shares in [B] Pte Ltd to [C] Ltd.
  6. The parties maintained a joint bank account with DBS bank.
  7. Wife claimed non-disclosure of some matrimonial assets by the Husband.

5. Formal Citations

  1. AOH v AOI, DT No 4236 of 2006, [2011] SGHC 14

6. Timeline

DateEvent
Parties married
Child born
Wife commenced divorce proceedings
Interim judgment granted to Wife
Matrimonial Property sold
Husband entered agreement to sell shares in [B]
Orders made regarding division of assets, maintenance, and custody
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the division of the matrimonial home's net sale proceeds and the net balance from the sale of shares in [B] Pte Ltd, considering both direct and indirect contributions of each party.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct and indirect contributions
      • Non-disclosure of assets
  2. Maintenance for Child
    • Outcome: The court ordered the Husband to pay maintenance for the Child at $2,000 per month.
    • Category: Substantive
  3. Maintenance for Wife
    • Outcome: The court awarded the Wife maintenance at $1 per year.
    • Category: Substantive
  4. Custody, Care and Control, and Access
    • Outcome: The court granted joint custody of the Child to both parties, with care and control to the Wife, and stipulated access rights for the Husband.
    • Category: Substantive

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for wife and child
  3. Custody, care and control of child
  4. Access to child

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Division of assets
  • Maintenance
  • Custody
  • Care and control
  • Access
  • Shares in [B] Pte Ltd
  • Matrimonial Property
  • DBS Joint Account
  • Direct financial contributions
  • Indirect contributions

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Division of Assets90
Matrimonial Assets90
Divorce90
Child Custody85
Child Support85
Maintenance80
Civil Procedure30
Costs20

16. Subjects

  • Family Law
  • Divorce
  • Asset Division
  • Child Custody
  • Maintenance