AON v AOO: Setting Aside Ancillary Orders in Divorce Proceedings

In AON v AOO, the High Court of Singapore heard an appeal regarding the setting aside of ancillary orders in a divorce case. The husband, AON, initiated divorce proceedings against the wife, AOO, due to her improper association with another man. The parties entered a deed of settlement, but the wife later sought to set aside the ancillary orders, claiming she was misled. The District Judge set aside the Ancillary Order, but the husband appealed. Judith Prakash J allowed the appeal, restoring the original Ancillary Order, finding that the wife had freely agreed to the Deed of Settlement and was not coerced or deceived.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed; the Ancillary Order was restored.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding setting aside ancillary orders in divorce. The court upheld the original orders, finding no evidence of coercion or deception in the settlement.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AOODefendant, RespondentIndividualAppeal dismissedLost
AONPlaintiff, AppellantIndividualAppeal allowedWon

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Christopher YapChristopher Yap & Co
Wong Yoong PhinWong Yoong Phin & Co

4. Facts

  1. The parties were married in 1994 and have two daughters.
  2. The husband confronted the wife with evidence of her improper association with another man.
  3. The parties entered a Deed of Settlement regarding custody, matrimonial property, and maintenance.
  4. The wife later sought to set aside the Ancillary Order, claiming she was misled.
  5. The wife did not attend the hearing of the ancillary matters.
  6. The husband claimed the wife was not misled and had ample opportunity to seek legal advice.
  7. The wife admitted that the husband's account of the divorce proceedings was true.

5. Formal Citations

  1. AON v AOO, Divorce Suit No 729 of 2009 (Registrar's Appeal No 108 of 2010), [2011] SGHC 16

6. Timeline

DateEvent
Parties married in Singapore
First daughter born
Second daughter born
Husband made bankrupt
Husband discharged from bankruptcy
Wife asked to resign as Director of [C] Pte Ltd
Husband confronted wife with evidence of her association with another man
Deed of settlement dated
Husband started divorce proceedings
Interim judgment entered dissolving the marriage
Ancillary orders made
Certificate of Making Interim Judgment Final was issued
Wife filed an application to set aside the Interim Judgment, the Ancillary Order of Court of 7 October 2009 and the Final Judgment
Application heard by a District Judge and granted to the extent that the Ancillary Order was set aside
Husband's appeal allowed and Ancillary Order restored
Decision Date

7. Legal Issues

  1. Setting Aside Ancillary Orders
    • Outcome: The court held that the Ancillary Order should not be set aside because the wife had freely consented to the Deed of Settlement.
    • Category: Procedural
    • Sub-Issues:
      • Procedural regularity
      • Consent judgment
      • Default judgment
    • Related Cases:
      • [2004] SGDC 268
      • [2005] 1 SLR(R) 548

8. Remedies Sought

  1. Setting aside of Ancillary Orders

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chng Yock Eng v Kwa Teck MengDistrict CourtYes[2004] SGDC 268SingaporeCited as authority for the proposition that a court could set aside an order on ancillary matters notwithstanding that it had been properly obtained if the applicant could show that she had a real prospect of success in the case if the order was set aside.
Low Choon Kung v Tham Chan Kum (m.w.)District CourtYes[2004] SGDC 139SingaporeCited to show that a Decree Nisi obtained by the husband there against the wife there was essentially a judgment in default of appearance.
Alpine Bukit Transport Co Inc v Saudi Eagle Shipping Co Inc (The Saudi Eagle)N/AYes[1986] 2 Lloyd’s Rep 221N/ACited for the test to set aside a default judgment.
Mercurine Pte Ltd v Canberra Development Pte LtdCourt of AppealYes[2008] 4 SLR(R) 907SingaporeClarified that in assessing whether a regular default judgment should be set aside, the appropriate test is that which was laid down in Evans v Bartlam.
Evans v BartlamN/AYes[1937] AC 473N/ACited for the test of whether the defendant could establish a prima facie defence in the sense of showing that there were triable or arguable issues.
Lee Min Jai v Chua Cheow KoonN/AYes[2005] 1 SLR(R) 548SingaporeCited for the correct approach to a subsequent application by one of the parties to set aside the order is that set out by Choo Han Teck J.
Dean v DeanN/AYes[1978] 3 All ER 758N/ACited to show that where an agreement between the parties had been reached at arm’s length and the parties had been separately advised, the agreement itself would be prima facie evidence of the reasonableness of its terms, and formal discovery would probably be unnecessary.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 1997 Rev Ed)Singapore
Section 45 of the Subordinate Courts Act, Chapter 321Singapore
Central Provident Fund Act, Chapter 36Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ancillary Orders
  • Deed of Settlement
  • Consent Order
  • Matrimonial Assets
  • Setting Aside
  • Interim Judgment
  • Final Judgment

15.2 Keywords

  • divorce
  • ancillary orders
  • setting aside
  • deed of settlement
  • consent order
  • matrimonial assets

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Matrimonial Assets85
Deeds of Settlement75
Children's Welfare70
Child Custody65
Child Support60
Contract Law60
Breach of Contract50
Estoppel30

16. Subjects

  • Family Law
  • Divorce
  • Civil Procedure