AQS v AQR: Division of Matrimonial Assets & Wife's Maintenance Post-Divorce
In AQS v AQR, the Singapore Court of Appeal heard an appeal by the wife, AQS, against the ancillary orders made by the High Court following her divorce from the husband, AQR. The key issues were the division of matrimonial assets, including the matrimonial flat and two Australian properties, and the wife's maintenance. The Court of Appeal allowed the appeal in part, awarding the wife 20% of the matrimonial assets, overturning the High Court's decision to grant her 0%. The court upheld the lump sum maintenance of $260,000 and the order for the husband to pay for their daughter's expenses directly to third parties. The court also upheld the order for the wife to attend anger management counselling.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal decision regarding the division of matrimonial assets and maintenance for the wife following a divorce. The court awarded the wife 20% of the matrimonial assets.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
| V K Rajah | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anparasan s/o Kamachi | KhattarWong |
| Sharanjit Kaur | KhattarWong |
| Ranjit Singh | Francis Khoo and Lim |
4. Facts
- The parties were married in 1996 and divorced after the husband filed in 2008.
- The husband is an American citizen, and the wife is a Vietnamese citizen; both are Singapore Permanent Residents.
- The wife was a full-time homemaker, and the husband worked as a director of sales.
- The matrimonial flat was acquired between 2005 and 2006 and was in the wife's sole name.
- The husband signed a memorandum in 2006 stating he would leave 70% of common assets to the wife and children in case of divorce.
- The husband left the matrimonial flat in December 2006 after a domestic conflict.
- The husband filed for divorce in 2008 based on the wife's unreasonable behavior.
5. Formal Citations
- AQS v AQR, Civil Appeal No 19 of 2011, [2012] SGCA 3
- AQR v AQS, , [2011] SGHC 139
6. Timeline
| Date | Event |
|---|---|
| Parties met in Hanoi | |
| Parties married in Hanoi | |
| Parties moved to Singapore | |
| Child [B] born in Singapore | |
| Option to Purchase the matrimonial flat was signed | |
| Option to Purchase the matrimonial flat was exercised | |
| Husband signed the 5 April 2006 Memorandum | |
| Husband left the matrimonial flat | |
| Husband filed for divorce | |
| Wife filed a defence | |
| Interim Judgment was granted | |
| Judge made her ancillary orders | |
| Court heard the parties and allowed the appeal in part | |
| Court granted the wife an extension of time to vacate the matrimonial flat | |
| Grounds of decision of the court were delivered |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court held that the wife was entitled to 20% of the matrimonial assets, overturning the lower court's decision to award her 0%.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect non-financial contributions
- Gifts
- Agreements made in contemplation of divorce
- Wife's Maintenance
- Outcome: The court upheld the lump sum maintenance of $260,000 awarded by the lower court.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Standard of living
- Financial needs and obligations of both parties
- Child's Expenses
- Outcome: The court upheld the order for the husband to pay for their daughter's expenses directly to third parties.
- Category: Substantive
- Anger Management Counselling
- Outcome: The court upheld the order for the wife to attend anger management counselling.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for the Wife
- Orders relating to the children
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Ancillary Matters
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that an appellate court will only overturn an order if the judge below had erred in law or had clearly exercised his discretion wrongly. |
| Yeo Gim Tong Michael v Tianzon Lolita | High Court | Yes | [1996] 1 SLR(R) 633 | Singapore | Cited for the principle that even if the husband did intend to make a gift of the matrimonial flat to the wife, this did not in law preclude it from being regarded as a matrimonial asset to be divided. |
| Wong Ser Wan v Ng Cheong Ling | High Court | No | [2006] 1 SLR(R) 416 | Singapore | Cited as an example of exceptional circumstances where the courts have exercised their discretion and not divided gifts made by one spouse to another. |
| Lee Leh Hua v Yip Kok Leong | High Court | No | [1999] 1 SLR(R) 554 | Singapore | Cited as an example of exceptional circumstances where the courts have exercised their discretion and not divided gifts made by one spouse to another. |
| Yow Mee Lan v Chen Kai Buan | High Court | Yes | [2000] 2 SLR(R) 659 | Singapore | Affirmed the general rule that where one spouse makes a gift to the other, the court can still exercise its powers to divide the gift as a “matrimonial asset”. |
| TQ v TR and another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 961 | Singapore | Affirmed that even though post-nuptial agreements could be accorded more weight than pre-nuptial agreements, how much weight was to be allocated to a postnuptial agreement must ultimately depend on the precise circumstances of the case. |
| Lee Chung Meng Joseph v Krysgman Juliet Angela | High Court | Yes | [2000] 3 SLR(R) 965 | Singapore | Rejected the husband’s argument that the wife did not make indirect contributions as a main caregiver to the children because they had domestic help. |
| YG v YH | High Court | Yes | [2008] SGHC 166 | Singapore | The court has a “reluctance to engage in minute scrutiny of the conduct and contributions of both spouses.” |
| Chan Teck Hock David v Leong Mei Chuan | High Court | Yes | [2000] SGHC 150 | Singapore | Certain categories of stock options can constitute matrimonial assets |
| BG v BF | Court of Appeal | Yes | [2007] 3 SLR(R) 233 | Singapore | Maintenance award |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 1997 Rev Ed) | Singapore |
| s 95(3)(b) of the Women’s Charter | Singapore |
| s 112(10) of the Women’s Charter | Singapore |
| s 112(2)(e) of the Women’s Charter | Singapore |
| s 112(2)(d) of the Women’s Charter | Singapore |
| s 114(1)(a) of the Women’s Charter | Singapore |
| s 114(1)(c) of the Women’s Charter | Singapore |
| s 114(2) of the Women’s Charter | Singapore |
| s 114(1)(b) of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Ancillary Orders
- Lump Sum Maintenance
- Homemaker
- Unreasonable Behaviour
- Memorandum
- Gift
- Duress
- Financial Contributions
- Non-Financial Contributions
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance