ASV v ASW: Appeal on Division of Matrimonial Assets and Wife's Maintenance Post-Divorce

In the divorce case of ASV v ASW, the High Court of Singapore heard an appeal by the Wife against the District Judge's decision on ancillary matters. The Wife sought a larger share of the matrimonial flat and increased maintenance. The court, considering new evidence of the Husband's assets and the Wife's contributions, varied the original decision, granting the Wife 88% of the matrimonial flat in lieu of her share of matrimonial assets and lump sum maintenance for herself and the Child. The Husband was given the option to acquire the remaining 12%.

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

Appeal regarding division of matrimonial assets and maintenance after divorce. The court varied the original decision, granting the wife a larger share of the matrimonial flat.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ASVAppellant, PlaintiffIndividualAppeal Allowed in PartPartial
ASWRespondentIndividualPartial LossPartial

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Wong Soo ChihHo, Wong & Partners

4. Facts

  1. The parties were married on 10 August 1999 and have one child.
  2. The Wife commenced divorce proceedings against the Husband based on unreasonable behaviour.
  3. The Husband deserted the Wife in 2008 and remained in Taiwan with his mistress.
  4. The matrimonial flat was purchased in the Husband's sole name prior to the marriage.
  5. The Husband solely financed the purchase of the matrimonial flat through cash and CPF monies.
  6. The Wife sought to adduce new evidence of the Husband's other assets and her contributions to his company.
  7. The Husband did not appear in the proceedings below or before the High Court.

5. Formal Citations

  1. ASV v ASW, Divorce Suit No D5787 of 2010 (RAS No 105 of 2011), [2012] SGHC 34

6. Timeline

DateEvent
Matrimonial flat purchased in Husband's name.
Parties married at the Singapore Marriage Registry.
Husband brought mistress to Singapore.
Child born.
Husband deserted the family and left for Taiwan.
Wife filed writ for divorce.
Interim judgment granted.
Ancillary hearing took place before the District Judge.
Record of Appeal and written submissions served on Husband's sister.
Wife filed Summons No 14782 of 2011 to admit documents.
First hearing date for Wife's appeal.
Hearing adjourned for directions.
Oral Judgment delivered.
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court varied the original decision, granting the Wife 50% of the matrimonial flat for the division of matrimonial assets.
    • Category: Substantive
  2. Maintenance for Wife
    • Outcome: The court awarded the Wife a lump sum maintenance, equivalent to 15.53% of the net value of the matrimonial flat.
    • Category: Substantive
  3. Maintenance for Child
    • Outcome: The court awarded the Wife a lump sum maintenance for the Child, equivalent to 22.47% of the net value of the matrimonial flat.
    • Category: Substantive
  4. Adducing New Evidence
    • Outcome: The court allowed the Wife's application to adduce new evidence regarding the Husband's assets and her contributions to his company.
    • Category: Procedural
    • Related Cases:
      • [2011] 1 SLR 1235

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Child

9. Cause of Actions

  • Divorce
  • Unreasonable Behaviour

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ACU v ACRHigh CourtYes[2011] 1 SLR 1235SingaporeCited for the principles for admitting new evidence at the appeal stage.

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 Flat
  • Division of Matrimonial Assets
  • Lump Sum Maintenance
  • CPF Monies
  • Ancillary Matters
  • Dispensation of Service
  • New Evidence

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • Singapore
  • family law

17. Areas of Law

Area NameRelevance Score
Division of Assets98
Matrimonial Assets98
Matrimonial Assets Division98
Division of Matrimonial Assets98
Division of Matrimonial Property98
Divorce95
Division of Family Assets90
Family Law90
Matrimonial Home90
Child Support80
Child Custody80
Custody of Children75
Maintenance75
Access to Children70
Care and Control70

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance