AYM v AYL: Variation of Consent Order for Division of Matrimonial Assets and Maintenance after Divorce
In AYM v AYL, the Court of Appeal of Singapore heard an appeal on 23 November 2012 regarding the High Court's decision on a District Court's order concerning the variation of a consent order for ancillary matters after a divorce. AYM (the Husband) sought to vary the order due to business failure, requesting a more favorable division of a landed property and a lump sum maintenance payment for AYL (the Wife). The Court dismissed the appeal regarding the division of the property but allowed the appeal regarding the lump sum maintenance, remitting the issue of maintenance to the High Court.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal dismissed in part and allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning the variation of a consent order for division of matrimonial assets and maintenance due to the husband's business failure. The court dismissed the appeal regarding asset division but allowed it regarding lump sum maintenance.
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 |
| V K Rajah | Justice of Appeal | No |
4. Counsels
4. Facts
- The parties were married for 23 years.
- A consent order was entered into between the parties in respect of ancillary matters arising out of divorce proceedings.
- The consent order provided for the division of a property, with 80% to the Wife and 20% to the Husband if the sale price was equal to or less than $2.5m.
- The Husband was to pay $2,670 per month per child as maintenance for each of the three children and $3,990 per month as maintenance for the Wife.
- The Husband's business failed, leading to a loss of income.
- The Husband applied to vary the consent order, seeking a more favorable division of the property and a lump sum maintenance payment for the Wife.
- The value of the property had risen from $2.5m to an estimated $5.5m by the time the Husband applied to vary the consent order.
5. Formal Citations
- AYM v AYL, Civil Appeal No 21 of 2012, [2012] SGCA 68
- AYL v AYM, , [2012] SGHC 64
6. Timeline
| Date | Event |
|---|---|
| Interim judgment granted for divorce based on irretrievable breakdown. | |
| Parties reached an agreement on ancillary matters, recorded as a consent order. | |
| Interim judgment made final. | |
| Husband's business experienced financial difficulties. | |
| Husband applied to the District Court to vary the consent order. | |
| High Court upheld the District Court's decision not to vary the terms of the division of matrimonial assets. | |
| The Property was sold. | |
| Court of Appeal dismissed the appeal in part and allowed in part. |
7. Legal Issues
- Variation of Consent Order for Division of Matrimonial Assets
- Outcome: The court held that the change in circumstances did not amount to the order becoming unworkable and dismissed the appeal on this issue.
- Category: Substantive
- Sub-Issues:
- Unworkability of order
- Radical change in circumstances
- Variation of Consent Order for Maintenance
- Outcome: The court found no agreement to vary the Wife's maintenance to a lump sum and allowed the appeal on this issue, remitting the issue of maintenance to the High Court.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Material change in circumstances
8. Remedies Sought
- Variation of consent order
- More favorable division of matrimonial assets
- Lump sum maintenance payment for the Wife
9. Cause of Actions
- Application to vary consent order
- Divorce
10. Practice Areas
- Divorce
- Family Litigation
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AYL v AYM | High Court | Yes | [2012] SGHC 64 | Singapore | The judgment being appealed from in the present case. |
| Nalini d/o Ramachandran v Saseedaran Nair s/o Krishnan | High Court | Yes | [2010] SGHC 98 | Singapore | Cited for the view that a material change in circumstances is sufficient for the court to invoke s 112(4) of the Women's Charter. |
| Tan Sue-Ann Melissa v Lim Siang Bok Dennis | Court of Appeal | Yes | [2004] 3 SLR(R) 376 | Singapore | Cited for the principle that failure of a mutual assumption underlying a consent order as to maintenance constitutes a material change in circumstances warranting variation. |
| Saseedaran Nair s/o Krishnan (now known as K Saseedaran Nair) v Nalini d/o K N Ramachandran | Court of Appeal | Yes | [2012] 2 SLR 365 | Singapore | Affirmed the decision in Nalini d/o Ramachandran v Saseedaran Nair s/o Krishnan, but without consideration of the particular point regarding s 112(4). |
| AOO v AON | Court of Appeal | Yes | [2011] 4 SLR 1169 | Singapore | Cited for the legal effect of a consent order in the matrimonial context and the circumstances under which courts may vary orders in relation to consent orders. |
| Lee Hong Choon v Ng Cheo Hwee | High Court | Yes | [1995] 1 SLR(R) 92 | Singapore | Suggested that consent orders ought to be treated and dealt with as far as possible in the same way as non-consensual orders. |
| Teh Siew Hua v Tan Kim Chiong | High Court | Yes | [2010] 4 SLR 123 | Singapore | Referred to the approach in Nalini and emphasized the words 'at any time' in s 112(4) in the context of time-bars under the Limitation Act. |
| Lee Min Jai v Chua Cheow Koon | High Court | Yes | [2005] 1 SLR(R) 548 | Singapore | Stated that s 112(4) should not be construed as an invitation to revise the terms of a settlement merely so that they appear more equitable. |
| CT v CU | District Court | Yes | [2004] SGDC 164 | Singapore | Held that parties could apply for variation of a court order under s 112(4) where the order was unworkable or did not provide for a particular situation or contingency. |
| Barder v Caluori | House of Lords | Yes | [1988] 1 AC 20 | United Kingdom | Provides a useful illustration of the requisite level of radical change in circumstances which can amount to unworkability justifying the court’s intervention pursuant to s 112(4). |
| Livesey (formerly Jenkins) v Jenkins | House of Lords | Yes | [1985] AC 424 | United Kingdom | Cited for the view that it will only be in cases when the absence of full and frank disclosure has led to the court making an order which is substantially different from the order which it would have made if such disclosure had taken place that a case for setting aside can possibly be made good. |
| Wee Chiaw Sek Anna v Ng Li-Ann Genevieve (sole executrix of the estate of Ng Hock Seng,deceased) and another | High Court | Yes | [2012] SGHC 197 | Singapore | Considered allegations of fraudulent misrepresentations purportedly made by the (deceased) husband to his wife even before the parties were divorced. |
| Chia Chew Gek v Tan Boon Hiang and another appeal | Court of Appeal | Yes | [1997] 1 SLR(R) 383 | Singapore | Cited in relation to the unworkability of the order concerned to begin with. |
| TQ v TR and another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 961 | Singapore | Cited in the context of pre-nuptial agreements, noting that the ideas of freedom as well as sanctity of contract cannot be taken too far in the uniquely matrimonial context. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Consent order
- Matrimonial assets
- Maintenance
- Variation
- Material change in circumstances
- Unworkability
- Lump sum maintenance
- Division of assets
- Business failure
15.2 Keywords
- Divorce
- Matrimonial Assets
- Consent Order
- Variation
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Divorce | 90 |
| Matrimonial Assets | 90 |
| Family Law | 90 |
| Consent Order | 80 |
| Variation of Order | 70 |
| Breach of Contract | 30 |
| Contract Law | 30 |
| Damages | 20 |
| Civil Procedure | 20 |
16. Subjects
- Family Law
- Divorce
- Ancillary Matters
- Consent Orders
- Variation of Orders