AXC v AXD: Division of Matrimonial Assets and Maintenance in Divorce

In the divorce case of AXC v AXD, the High Court of Singapore, presided over by Justice Choo Han Teck on 19 January 2012, addressed ancillary matters including the division of matrimonial assets and maintenance. The court ordered a 60:40 split of the matrimonial assets in favor of the husband, taking into account an advance received by the wife. The court also awarded lump sum maintenance to the wife and child. The wife's request for an equal division of assets was denied, while the husband's appeal against the interim care and control order was dismissed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and lump sum maintenance to the wife and child.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets and maintenance. The court ordered a 60:40 split of assets in favor of the husband and lump sum maintenance to the wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AXCPlaintiffIndividualDivision of matrimonial assets and lump sum maintenance awardedPartial
AXDDefendantIndividualDivision of matrimonial assets orderedPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tan YanyingDrew & Napier LLC
Randolph KhooDrew & Napier LLC
Carrie Kaur GillHarry Elias Partnership LLP

4. Facts

  1. The parties were married for 21 years.
  2. The wife is a Japanese citizen and the husband is an American citizen and a Singapore Permanent Resident.
  3. The husband is a hedge fund manager earning $12,500 a month.
  4. The wife has been a housewife for around twenty years.
  5. The parties have four children.
  6. The matrimonial assets are valued at approximately $2.6 million.
  7. The wife received an advance of US$250,000 from the sale of a previous home.

5. Formal Citations

  1. AXC v AXD, Divorce (T) Suit No 1222 of 2010/C (RAS 140 of 2011), [2012] SGHC 15

6. Timeline

DateEvent
Parties married in Tokyo
Parties lived apart in separate households under the same roof
Parties moved to separate apartments
Wife commenced divorce proceedings in the district court
Wife applied for interim maintenance, joint custody, and care and control of her three sons
Wife obtained an uncontested interim judgment of divorce against the husband
District judge made orders for interim maintenance, joint custody, and care and control
Wife moved to The Cascadia in Bukit Timah
Judge interviewed [C] and [D] in chambers
Judgment reserved
Final orders issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a 60:40 split of the matrimonial assets in favor of the husband.
    • Category: Substantive
  2. Wife's Maintenance
    • Outcome: The court awarded lump sum maintenance to the wife.
    • Category: Substantive
  3. Child Maintenance
    • Outcome: The court awarded lump sum maintenance for [D].
    • Category: Substantive
  4. Care and Control of Children
    • Outcome: The court upheld the lower court's order for the wife to have care and control of the children.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Children
  4. Care and Control of Children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce
  • Ancillary Matters

11. Industries

  • Finance

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Wong Ser Wan v Ng Cheong LingHigh CourtYes[2006] 1 SLR(R) 416SingaporeCited as an example of judicial awards in favor of homemaker wives in marriages lasting at least 15 years.
Tan Cheng Guan v Tan Hwee LeeHigh CourtYes[2011] SGHC 216SingaporeCited as an example of judicial awards in favor of homemaker wives in marriages lasting at least 15 years.
NK v NLHigh CourtYes[2007] 3 SLR(R) 743SingaporeCited as an example of judicial awards in favor of homemaker wives in marriages lasting at least 15 years.
Lee Nyuk Lian v Lim Nia YongHigh CourtYes[2007] 2 SLR(R) 905SingaporeCited as an example of judicial awards in favor of homemaker wives in marriages lasting at least 15 years.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Maintenance
  • Care and Control
  • Lump Sum Maintenance
  • Interim Orders
  • Ancillary Matters

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Matrimonial Assets Division90
Matrimonial Assets90
Division of Assets90
Maintenance90
Child Support80
Child Custody80

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance