ADP v ADQ: Division of Matrimonial Assets & Maintenance in Void Marriages under Women's Charter
In ADP v ADQ, the Singapore Court of Appeal addressed the issue of whether Singapore courts have jurisdiction under the Women’s Charter to order the division of matrimonial assets and maintenance when a marriage is found to be void. The appellant, ADP, a Philippines national, appealed against the High Court's decision that the Singapore courts lacked such jurisdiction. The marriage between ADP and the respondent, ADQ, a UK national, was declared void due to the appellant's prior existing marriage. The Court of Appeal allowed the appeal, holding that the phrase 'nullity of marriage' in Sections 112 and 113 of the Women's Charter encompasses both void and voidable marriages, thus granting the courts jurisdiction to order the division of matrimonial assets and maintenance in void marriage cases.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal held that courts have jurisdiction under the Women’s Charter to divide matrimonial assets and order maintenance even if the marriage is void.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | No |
| Andrew Phang Boon Leong | Justice of Appeal | Yes |
| Tan Lee Meng | Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Lim Kim Hong | Kim & Co |
| Tan Cheng Han | Kim & Co |
| Rafidah Binte Abdul Wahid | Kim & Co |
4. Facts
- The Appellant, a Philippines national, married the Respondent, a UK national, in Hong Kong on 26 October 1995.
- The Appellant had previously married a Japanese man on 1 December 1989, with the divorce finalized on 7 December 1995.
- The Hong Kong Marriage was contracted before the Japanese Marriage was terminated, making it void due to bigamy.
- The Appellant filed a petition for divorce on 25 March 2003.
- The Respondent filed an application on 11 August 2004 seeking to set aside the decree nisi and declare the Hong Kong Marriage void.
- The Family Court later declared in the nullity petition that the Hong Kong Marriage was void.
- The High Court Judge held that the Singapore courts have neither jurisdiction to order the division of matrimonial assets and maintenance.
5. Formal Citations
- ADP v ADQ, Civil Appeal No 62 of 2011, [2012] SGCA 6
- ADP v ADQ, , [2011] 3 SLR 370
- ADP v ADQ, , [2009] SGDC 489
6. Timeline
| Date | Event |
|---|---|
| Appellant married a Japanese man. | |
| Appellant married the Respondent in Hong Kong. | |
| Appellant's divorce from Japanese man was finalized. | |
| Appellant filed a petition for divorce. | |
| Divorce proceedings resulted in an uncontested hearing and a decree nisi was granted. | |
| Respondent filed an application to set aside the decree nisi and declare the Hong Kong Marriage void. | |
| Appellant filed a nullity petition. | |
| Court of Appeal allowed the appeal. |
7. Legal Issues
- Jurisdiction to Order Division of Matrimonial Assets in Void Marriage
- Outcome: The Court of Appeal held that Singapore courts have jurisdiction under s 112 of the Women's Charter to order the division of matrimonial assets in a void marriage.
- Category: Jurisdictional
- Jurisdiction to Order Maintenance in Void Marriage
- Outcome: The Court of Appeal held that Singapore courts have jurisdiction under s 113 of the Women's Charter to order maintenance in a void marriage.
- Category: Jurisdictional
- Res Judicata
- Outcome: The Court of Appeal found that there was no res judicata in respect of the issues before them.
- Category: Procedural
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
9. Cause of Actions
- Nullity of Marriage
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ADP v ADQ | High Court | Yes | [2011] 3 SLR 370 | Singapore | The High Court decision which the appeal arose from, holding that the Singapore courts have no jurisdiction to order division of matrimonial assets and maintenance if the marriage is found to be void. |
| Wing Joo Loong Ginseng Hong (Singapore) Co Pte Ltd v Qinghai Xinyuan Foreign Trade Co Ltd and another and another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 814 | Singapore | Cited for the elements of issue estoppel. |
| Lee Tat Development Pte Ltd v MCST Plan No 301 | Unknown | Yes | [2005] 3 SLR(R) 157 | Singapore | Cited for the elements of issue estoppel. |
| Goh Nellie v Goh Lian Teck | Unknown | Yes | [2007] 1 SLR(R) 453 | Singapore | Cited for the requirement of identical subject matter in issue estoppel. |
| Joseph Mathew and another v Singh Chiranjeev and another | Court of Appeal | Yes | [2010] 1 SLR 338 | Singapore | Cited for the purposive approach to statutory construction. |
| PP v Low Kok Heng | High Court | Yes | [2007] 4 SLR(R) 183 | Singapore | Cited for the purposive approach to statutory construction. |
| Rampal v Rampal (No 2) | Court of Appeal | Yes | [2002] 1 Fam 85 | England | Cited for the recognition of the availability of ancillary relief even in the context of void marriages. |
| L v C | Court of Appeal | Yes | [2007] 3 HKLRD 819 | Hong Kong | Followed Rampal and held that the same right to ancillary relief as applies in a divorce applies where a decree of nullity is obtained. |
| Ramsay v Ramsay (otherwise Beer) | Unknown | Yes | [1913] 108 LT 382 | England | English courts have also interpreted the phrase “nullity of marriage” in s 1 of the 1907 UK Act as referring to both void and voidable marriages |
| George Hubert Powell v Viola M Cockburn | Supreme Court | Yes | [1977] 2 SCR 218 | Canada | Held that a party to a void marriage was entitled to seek maintenance under s 1 of the Matrimonial Causes Act |
| Ross Smith v Ross Smith | House of Lords | Yes | [1963] AC 280 | England | The basic concept of nullity of marriage in general and its specific elements of void and voidable marriages in particular can in fact be traced historically back to the ecclesiastical courts in England |
| Adams v Adams | Court of Appeal | Yes | [1941] 1 KB 536 | England | The concept of nullity of marriage arose as a result of the fact that the courts in England could not then grant decrees of divorce because marriage was (at that particular point in time) considered a sacrament, which (in turn) resulted in the indissolubility of marriage |
| De Reneville v De Reneville | Court of Appeal | Yes | [1948] P 100 | England | A void marriage is one that will be regarded by every court in any case in which the existence of the marriage is in issue as never having taken place and can be so treated by both parties to it without the necessity of any decree annulling it: a voidable marriage is one that will be regarded by every court as a valid subsisting marriage until a decree annulling it has been pronounced by a court of competent jurisdiction. |
| Tan Ah Thee and another (administrators of the estate of Tan Kiam Poh (alias Tan Gna Chua), deceased) v Lim Soo Foong | High Court | Yes | [2009] 3 SLR(R) 957 | Singapore | Where, however, the marriage is only voidable, the right to raise the fact that the marriage concerned is voidable is personal to the parties only and can only be raised during the lifetime of the other spouse; put simply, third parties would have no operative rights in so far as voidable marriages are concerned. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112 of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 113 of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| s 9A of the Interpretation Act (Cap 1, 2002 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| O 57 r 18(2) of the Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
| Malaysian Law Reform (Marriage and Divorce) Act 1976 (Act 164 of 1976) | Malaysia |
| Women’s Charter (Cap 47, 1970 Rev Ed) | Singapore |
| Women’s Charter (Amendment) Act 1980 (Act 26 of 1980) | Singapore |
| Women’s Charter (Amendment) Act 1996 (Act 30 of 1996) | Singapore |
| Statutes (Miscellaneous Amendments) (No 2) Act 2005 (Act 42 of 2005) | Singapore |
| Women’s Charter (Cap 353, 1985 Rev Ed) | Singapore |
| UK Matrimonial Causes Act 1973 (c 18) | United Kingdom |
| UK Matrimonial Causes Act 1907 (c 12) | United Kingdom |
| Nullity of Marriage Act 1971 (c 44) | United Kingdom |
| Matrimonial Causes Act 1857 (c 85) | United Kingdom |
| Marriage Act 1835 (c 54) | United Kingdom |
| Matrimonial Causes Act 1937 (c 57) | United Kingdom |
| Straits Settlements Divorce Ordinance 1910 (Ordinance 25 of 1910) | Singapore |
| Divorce Act (Act 4 of 1869) | India |
| Straits Settlements Divorce (Amendment No 2) Ordinance 1941 (Ordinance 25 of 1941) | Singapore |
| Mental Health (Care and Treatment) Act 2008 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Void Marriage
- Nullity of Marriage
- Matrimonial Assets
- Maintenance
- Women's Charter
- Jurisdiction
- Res Judicata
15.2 Keywords
- Void Marriage
- Nullity
- Matrimonial Assets
- Maintenance
- Womens Charter
- Singapore Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Women’s Charter | 99 |
| Matrimonial Assets Division | 98 |
| Family Law | 95 |
| Maintenance | 92 |
| Divorce | 90 |
| Annulment | 85 |
| Succession Law | 20 |
| Adoptions | 5 |
16. Subjects
- Family Law
- Divorce Law
- Civil Procedure