ASM v ASN: Division of Matrimonial Assets, Child Custody and Maintenance Dispute

In ASM v ASN, the High Court of Singapore heard an appeal by the wife against several orders made by the district judge concerning ancillary issues to the divorce between the wife and the husband, ASN. The issues included the division of the matrimonial home, maintenance of the wife, and maintenance of the children. The High Court adjusted the division of the matrimonial home to 60:40 in favor of the husband, granted care and control of the children to the wife, and ordered the husband to pay $3,500 per month for child maintenance. The appeal was otherwise dismissed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

High Court appeal concerning division of matrimonial assets, child custody, and maintenance following a divorce. The court adjusted the division of assets and granted care and control to the wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ASMAppellantIndividualAppeal allowed in partPartial
ASNRespondentIndividualOrders variedPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Wong Chai KinWong Chai Kin
N KanagavijayanKana & Co

4. Facts

  1. The parties were married on 10 June 1992 and separated in 2007.
  2. The wife is 59 years old and works as a freelance tour guide.
  3. The husband is 50 years old and works as an aircraft maintenance engineer.
  4. They have two children, a daughter aged sixteen and a son aged eleven who is dyslexic.
  5. The matrimonial home was purchased in 1996 for $790,000 and had a market value of $830,000 at the time of the district judge's orders.
  6. The wife sought a 50% share in the matrimonial home and monthly maintenance of $1,000.
  7. The children expressed a preference to live with their mother.

5. Formal Citations

  1. ASM v ASN, Divorce No 2262 of 2010/K (RAS 117 of 2011/W), [2012] SGHC 23

6. Timeline

DateEvent
Parties married.
Matrimonial home purchased.
Parties' relationship broke down, resulting in separation.
Writ for divorce filed.
Consent interim judgment of divorce obtained.
Outstanding mortgage loan calculated.
District judge made orders on ancillary issues.
Daughter sat for 'O' Level examinations.
Children interviewed in chambers.
Husband to pay monthly child maintenance starting this date.
Judgment reserved.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court adjusted the division of the matrimonial home to 60:40 in favor of the husband.
    • Category: Substantive
  2. Child Custody
    • Outcome: The court granted care and control of the children to the wife.
    • Category: Substantive
  3. Child Maintenance
    • Outcome: The court ordered the husband to pay $3,500 per month for child maintenance.
    • Category: Substantive

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for wife
  3. Custody of children
  4. Maintenance for children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial home
  • Care and control
  • Child maintenance
  • Division of assets
  • Non-financial contributions

15.2 Keywords

  • divorce
  • matrimonial assets
  • child custody
  • child maintenance
  • family law

17. Areas of Law

Area NameRelevance Score
Division of Assets95
Care and Control95
Matrimonial Home95
Matrimonial Assets95
Maintenance (Child)90
Child Custody90
Maintenance90
Access to Children90
Divorce90
Family Law90
Maintenance (Wife)80

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Custody
  • Child Support