AWX v AWY: Division of Matrimonial Assets and Maintenance Post-Divorce

In AWX v AWY, the Singapore High Court addressed the division of matrimonial assets and maintenance following a divorce. The wife, AWX, claimed a share of the matrimonial assets and maintenance for herself and the child. The court awarded 55% of the matrimonial assets to the husband, AWY, and 45% to the wife. Maintenance for the child was set at $2,500 per month, with the husband covering tuition and chiropractic sessions. The wife was awarded $4,000 per month in maintenance. Both parties appealed the decision. The court's decision was based on a 32-year marriage and contributions from both parties.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Division of matrimonial assets ordered; maintenance awarded to wife and child.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment regarding the division of matrimonial assets and maintenance for the wife and child following a divorce. The court awarded 55% of assets to the husband and 45% to the wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AWXPlaintiffIndividualDivision of matrimonial assetsPartial
AWYDefendantIndividualDivision of matrimonial assetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Foo Siew FongHarry Elias Partnership LLP
Kelvin LimKelvin Lim & Partners

4. Facts

  1. The parties were married for 32 years.
  2. The husband was a Senior Consultant at a local hospital.
  3. The wife was a part-time general practitioner.
  4. The husband earned $392,898.00 a year in 2010.
  5. The wife earned $36,412 a year in 2010.
  6. The husband was the primary breadwinner for most of the marriage.
  7. The wife took care of the home and worked intermittently.

5. Formal Citations

  1. AWX v AWY, DT 4880 of 2009/W, [2012] SGHC 4

6. Timeline

DateEvent
Parties married
First child born
Second child born
Divorce proceedings commenced
Interim Judgment for Divorce granted
Hearing regarding disputed matrimonial assets
Hearing regarding disputed matrimonial assets
Husband made a statutory declaration regarding joint fixed deposit account
Judgment delivered

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court awarded 55% of the matrimonial assets to the husband and 45% to the wife.
    • Category: Substantive
  2. Maintenance for Wife
    • Outcome: The court awarded $4,000 per month as maintenance for the wife.
    • Category: Substantive
  3. Maintenance for Child
    • Outcome: The court awarded $2,500 per month as maintenance for the child, with the husband paying for tuition and chiropractic sessions.
    • Category: Substantive

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for wife
  3. Maintenance for child

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division
  • Child Support

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for the factors the court will take into consideration in the division of matrimonial assets.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited regarding the difficulty in measuring non-financial contributions and the need to give attention to direct financial contributions in increasing the value of matrimonial assets.
Yow Mee Lan v Chen Kai BuanUnknownYes[2000] 2 SLR(R) 659SingaporeCited regarding the principle that unequal abilities should not result in unequal rewards where contributions are made consistently over a long period.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited to reiterate that in light of the current “no fault” basis of divorce law, it would serve no purpose to dwell on the question of “who did what”, and that the adulterous behaviour of parties was irrelevant in the determination of the ancillaries.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Maintenance
  • Division of assets
  • Interim Judgment for Divorce
  • Joint custody
  • Care and control
  • Reasonable access

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Divorce90
Family Law90
Maintenance90
Child Custody70
Child Support70
Evidence40
Contract Law30

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance