ADP v ADQ: Nullity of Marriage, Maintenance, and Division of Assets under the Women's Charter

In ADP v ADQ, the Singapore High Court addressed whether the court can make orders for maintenance and division of assets in divorce proceedings under the Women’s Charter after making a judgment of nullity. The High Court upheld the District Judge's ruling that the Appellant is not entitled to maintenance, but set aside the District Judge's rejection of the claim for maintenance for C and remitted the claim to be decided on its merits.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed in part and allowed in part. The District Judge's decision that the Appellant is not entitled to maintenance was upheld. The District Judge's rejection of the claim for maintenance for C was set aside and remitted to her to be decided on its merits.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case regarding maintenance and division of assets after a judgment of nullity due to a void marriage. The court addressed the powers under the Women's Charter.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ADPAppellant, PetitionerIndividualClaim for maintenance deniedLost
ADQRespondentIndividualAppeal dismissed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Lim Kim HongKim & Co
Tan Cheng HanKim & Co
Imran H KhwajaTan Rajah & Cheah
Renu Rajan MenonTan Rajah & Cheah

4. Facts

  1. The Appellant and Respondent were married in Hong Kong on 26 October 1995.
  2. The Appellant was previously married to E in Japan in 1989.
  3. The Appellant's Japanese divorce was finalized on 7 December 1995, after the Hong Kong marriage.
  4. The Hong Kong marriage was declared void because the Appellant was still married to E at the time.
  5. The Appellant claimed maintenance for herself and for C, and for a division of matrimonial assets.
  6. The District Judge ruled that the court does not have powers to order payment of maintenance or deal with the division of assets.
  7. The District Judge ruled that the Respondent is not liable to maintain C.

5. Formal Citations

  1. ADP v ADQ, Divorce Suit No 4261 of 2004 (Registrar's Appeal from the Subordinate Courts No 103 of 2009/E), [2011] SGHC 60

6. Timeline

DateEvent
Appellant married E in Japan.
Appellant and Respondent married in Hong Kong.
Child B born.
Family Court declared the Hong Kong marriage void.
Hearing before a District Judge.
Judgment reserved.

7. Legal Issues

  1. Maintenance for Wife After Nullity of Marriage
    • Outcome: The court held that the Appellant is not entitled to maintenance because the void marriage meant she never acquired the status of a wife.
    • Category: Substantive
  2. Division of Matrimonial Assets After Nullity of Marriage
    • Outcome: The court held that there were no matrimonial assets to be divided because the void marriage meant the parties were never in a state of matrimony.
    • Category: Substantive
  3. Maintenance for Child Not Biologically Related
    • Outcome: The court set aside the District Judge's rejection of the claim for maintenance for C and remitted the claim to be decided on its merits.
    • Category: Substantive
  4. Application of Res Judicata
    • Outcome: The court held that the doctrine of res judicata did not apply to the claim for maintenance for C because the Judge’s finding that C is not the Respondent’s child did not address the question of her being a member of the family.
    • Category: Procedural
    • Related Cases:
      • [2005] 3 SLR(R) 157
      • [2007] 1 SLR(R) 453

8. Remedies Sought

  1. Maintenance for the Appellant
  2. Maintenance for C
  3. Division of Matrimonial Assets

9. Cause of Actions

  • Claim for Maintenance
  • Division of Matrimonial Assets

10. Practice Areas

  • Family Litigation
  • Divorce
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Ah Thee and another (administrators of the estate of Tan Kiam Poh (alias Tan Gna Chua), deceased) v Lim Soo FoongHigh CourtYes[2009] 3 SLR(R) 957SingaporeCited for the explanation of the difference between a void and a voidable marriage.
Lee Tat Development Pte Ltd v Management Corporation of Strata Title Plan No 301Court of AppealYes[2005] 3 SLR(R) 157SingaporeCited for the conditions that must be fulfilled for issue estoppel to arise.
Goh Nellie v Goh Lian Teck and othersHigh CourtYes[2007] 1 SLR(R) 453SingaporeCited for the explanation of finality for the purposes of res judicata.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 112(1) of the Women’s CharterSingapore
s 113 of the Women’s CharterSingapore
s 104 of the Women’s CharterSingapore
s 105 of the Women’s CharterSingapore
s 106 of the Women’s CharterSingapore
s 127(1) of the Women’s CharterSingapore
s 122 of the Women’s CharterSingapore
s 92 of the Women’s CharterSingapore
s 70(1) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Nullity of Marriage
  • Void Marriage
  • Voidable Marriage
  • Maintenance
  • Matrimonial Assets
  • Res Judicata
  • Issue Estoppel
  • Child of the Marriage
  • Women's Charter

15.2 Keywords

  • Divorce
  • Nullity
  • Maintenance
  • Assets
  • Women's Charter
  • Singapore

17. Areas of Law

Area NameRelevance Score
Nullity of Marriage95
Family Law90
Divorce90
Void marriage90
Voidable Marriage90
Matrimonial Assets80
Maintenance80
Children's Maintenance75
Res Judicata60
Succession Law30
Civil Procedure20
Trust Law20

16. Subjects

  • Family Law
  • Divorce
  • Nullity of Marriage
  • Maintenance
  • Matrimonial Assets