ATS v ATT: Division of Matrimonial Assets and Wife's Maintenance Post-Divorce

In the divorce case of ATS v ATT, the High Court of Singapore, presided over by Belinda Ang Saw Ean J, addressed ancillary matters following a 15-year marriage. The court made orders regarding the custody, care, and control of the three children, granting joint custody to both parents with care and control to the Wife. The court also determined the division of matrimonial assets, including three properties and several joint accounts, and the maintenance to be paid by the Husband to the Wife and children. The Husband appealed against the Orders made on 22 March 2011.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders on maintenance for the Wife and children, and the division of the matrimonial assets were made.

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 and maintenance for the wife and children after a 15-year marriage. The court addressed financial and non-financial contributions.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ATSPlaintiffIndividualOrders on maintenance for the Wife and children, and the division of the matrimonial assets were made.Partial
ATTDefendantIndividualOrders on maintenance for the Wife and children, and the division of the matrimonial assets were made.Partial

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
Koh Tien HuaHarry Elias Partnership LLP
Bernice LooAllen & Gledhill LLP
Lim Ai MinAllen & Gledhill LLP

4. Facts

  1. The Wife filed for divorce after 15 years of marriage, citing the Husband's behavior.
  2. The Interim Judgment of Divorce was granted on 6 October 2009.
  3. The parties have three children: a son aged 16 and two daughters aged 13 and 8.
  4. The Wife was a full-time homemaker for 10 years, from 1999 to 2009.
  5. The Husband is a shareholder and Managing Director of OO Pte Ltd.
  6. The parties jointly own three real properties: the DDD property, the MMM property, and a property in Malaysia.
  7. The Wife assisted the Husband in two business ventures, PP and QQ.

5. Formal Citations

  1. ATS v ATT, DT No 3595 of 2009, [2011] SGHC 213

6. Timeline

DateEvent
Parties married
Divorce filed
Interim Judgment of Divorce granted
Orders relating to custody, care, control of and access to the three children of the marriage were made
Orders on maintenance for the Wife and children, and the division of the matrimonial assets were made
Reasons for decisions on maintenance and division of matrimonial assets published

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the division of matrimonial assets, including the transfer of properties between the parties and the retention of assets in their respective names.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct financial contributions
      • Indirect contributions to family welfare
    • Related Cases:
      • [2009] 4 SLR(R) 935
      • [2011] 2 SLR 1157
      • [2007] SGCA 21
  2. Wife's Maintenance
    • Outcome: The court ordered the Husband to pay the Wife a monthly maintenance sum of $8,400, covering her personal expenses, the children's personal expenses, and household expenses, in addition to the children's education, insurance, and pocket money.
    • Category: Substantive
    • Sub-Issues:
      • Standard of living during marriage
      • Wife's financial needs
      • Husband's ability to pay
  3. Indirect Contributions to Family Welfare
    • Outcome: The court recognized the Wife's indirect contributions as a homemaker and caregiver, despite the presence of a full-time maid, and considered her assistance in the Husband's business ventures.
    • Category: Substantive
    • Sub-Issues:
      • Homemaker contributions
      • Care of children
      • Assistance in husband's business ventures
    • Related Cases:
      • [2009] 4 SLR(R) 935
      • [2007] SGCA 21

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife and Children

9. Cause of Actions

  • Divorce

10. Practice Areas

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

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Pang Rosaline v Chan Kong ChinCourt of AppealYes[2009] 4 SLR(R) 935SingaporeCited for the multi-factorial approach to division of matrimonial assets based on factors relevant to the case and that indirect contributions can be accorded as much or even more weight than financial contributions.
Yeo Chong Lin v Tay Ang Choo NancyHigh CourtYes[2011] 2 SLR 1157SingaporeCited to illustrate that direct financial contributions were made by the husband while the indirect non-financial contributions were made by the wife and the court divided the assets to the wife and the husband in proportions of 35:65 respectively.
Koh Bee Choo v Choo Chai HuahSingapore Court of AppealYes[2007] SGCA 21SingaporeCited for the importance of non-financial contributions to the welfare of the family and noted that s 112(2)(d) of the Women’s Charter obliges the court to take into account the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family.
Lee Chung Meng Joseph v KrygsmanHigh CourtYes[2000] 3 SLR(R) 965SingaporeCited for the principle that having a maid in the household does not mean abdication of parental responsibility towards the child.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 112 of the Women’s CharterSingapore
s 112(2) of the Women’s CharterSingapore
s 112(10) of the Women’s CharterSingapore
s 114 of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Maintenance
  • Indirect Contributions
  • Homemaker
  • Joint Custody
  • Care and Control
  • DDD property
  • MMM property
  • OO Pte Ltd
  • CPF Account

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Divorce90
Division of Assets90
Maintenance85
Child Custody80
Child Support80
Maintenance (Wife)75
Maintenance (Child)75
Access to Children70
Care and Control70
Homemaker Contributions60

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance