APK v APL: Application for Variation of Ancillary Orders Regarding Matrimonial Assets and Child Custody

In APK v APL, the High Court of Singapore heard an application by APL, the former husband, to vary ancillary orders made on 12 August 2009 regarding the division of matrimonial assets and custody of children. The court dismissed APL's application, finding no grounds to vary the original orders. The court determined that there was no material change in circumstances to justify a variation of the custody order and that the attempt to reopen the division of matrimonial property was an attempt to circumvent the requirement of having an appeal filed on time.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application dismissed with costs.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The High Court dismissed APL's application to vary ancillary orders concerning the division of matrimonial assets and child custody, citing no material change in circumstances.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
APKRespondentIndividualApplication grantedWon
Raymond Yeo of Raymond Yeo
APLApplicant, DefendantIndividualApplication dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Raymond YeoRaymond Yeo
Peter EzekielPeter Ezekiel & Co

4. Facts

  1. The applicant, APL, sought to vary ancillary orders regarding the division of matrimonial assets and custody of children.
  2. The applicant did not appeal the original ancillary orders within the prescribed time.
  3. The applicant's application for an extension of time to appeal was previously dismissed.
  4. The applicant claimed a significant increase in the property value and a deterioration of his financial position.
  5. The applicant sought a half share of the property and joint custody of the children.
  6. The respondent and the children reside in Singapore, while the applicant resides in Malaysia.

5. Formal Citations

    6. Timeline

    DateEvent
    Divorce proceedings commenced by the respondent
    Interim judgment entered against the applicant
    Respondent served Affidavit of Assets and Means on applicant's solicitors
    Ancillary orders made regarding division of matrimonial assets and custody of children
    Property registered in the respondent’s sole name
    Applicant wrote to the Registrar of the Supreme Court to state that he did not agree with the ancillary orders
    Applicant filed an application for an extension of time to file his notice of appeal
    Applicant filed application to vary the ancillary orders
    Application for a variation of the ancillary orders was dismissed

    7. Legal Issues

    1. Variation of Ancillary Orders
      • Outcome: The court dismissed the application for variation, finding no material change in circumstances and that the attempt to reopen the division of matrimonial property was an attempt to circumvent the requirement of having an appeal filed on time.
      • Category: Substantive
      • Sub-Issues:
        • Material change in circumstances
        • Division of matrimonial property
        • Custody of children
      • Related Cases:
        • [1997] 3 SLR(R) 430
        • [1954] 1 WLR 1489
    2. Extension of Time to File Appeal
      • Outcome: The court had previously dismissed the applicant's application for an extension of time to file an appeal against the ancillary orders.
      • Category: Procedural

    8. Remedies Sought

    1. Transfer of half share of property to applicant
    2. Sale of property and division of proceeds
    3. Joint custody of children

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Divorce
    • Family Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    Ladd v MarshallN/AYes[1954] 1 WLR 1489N/ACited regarding the admissibility of new evidence in an appeal.
    Soon Peck Wah v Woon Che ChyeCourt of AppealYes[1997] 3 SLR(R) 430SingaporeCited for the principle that the court's paramount consideration in custody cases is the welfare of the children.

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    Women’s Charter (Cap 353, 2009 Rev Ed), s 128Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Ancillary orders
    • Matrimonial assets
    • Child custody
    • Material change in circumstances
    • Division of matrimonial property
    • Extension of time to appeal

    15.2 Keywords

    • divorce
    • ancillary orders
    • matrimonial assets
    • child custody
    • family law
    • Singapore

    17. Areas of Law

    Area NameRelevance Score
    Matrimonial Assets95
    Division of Assets95
    Family Law90
    Child Custody80
    Maintenance60

    16. Subjects

    • Family Law
    • Divorce
    • Ancillary Matters
    • Child Custody
    • Matrimonial Assets