AYQ v AYR: Division of Matrimonial Assets and Child Maintenance in Divorce
In AYQ v AYR, the Singapore High Court addressed ancillary issues in a divorce, including the division of matrimonial assets and maintenance for the wife and children. The court granted joint custody to both parents, with sole care and control to the wife, and determined the division of matrimonial assets, awarding the wife a percentage of the combined assets and sale proceeds from the matrimonial home and an Australian property. The court ordered the husband to pay nominal maintenance to the wife and contribute to the children's maintenance, while the wife was to reimburse a portion of the children's school fees and overseas expenses. Each party was to bear their own costs. The wife appealed the decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets, wife's maintenance, and children's maintenance.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court decision regarding the division of matrimonial assets, wife's maintenance, and children's maintenance in a divorce case.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Bernice Loo | Allen & Gledhill LLP |
| Magdalene Sim | Allen & Gledhill LLP |
4. Facts
- The parties were married on 17 May 1986 and have two children.
- The wife is an aesthetics doctor, and the husband is an eye-surgeon.
- The wife left the matrimonial home in November 2007.
- The matrimonial home was bought in 1997 for $650,000.
- The husband bought a house in Australia in 1987 with his sister.
- The children lived with the wife from January 2010.
- The daughter is studying in England, and the son is studying at an international school in Singapore.
5. Formal Citations
- AYQ v AYR, Divorce Suit No. 5149 of 2007/B, [2012] SGHC 80
6. Timeline
| Date | Event |
|---|---|
| Marriage began | |
| Husband bought the Australia house with his sister | |
| Wife went to live with husband in Australia | |
| Husband on specialist medical training course in Australia | |
| Daughter born | |
| Family moved to Singapore | |
| Husband sold his half-share in the Australia house to his parents | |
| Matrimonial home in Singapore bought | |
| Husband's parents sold the Australia house | |
| Wife left the matrimonial home | |
| Private investigator report submitted to husband | |
| Wife filed first affidavit of assets and means | |
| Children went to live with wife | |
| Husband to pay wife $1 per month for her own maintenance | |
| Husband to pay 60% of the children’s maintenance | |
| Accountant's report valuing Clinic C | |
| Wife's submissions filed | |
| Orders made regarding division of matrimonial assets and maintenance | |
| Decision Date | |
| Appeal allowed in part by the Court of Appeal |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the percentage division of matrimonial assets, including real property and other assets.
- Category: Substantive
- Maintenance for Wife
- Outcome: The court ordered the husband to pay nominal maintenance of $1 per month to the wife.
- Category: Substantive
- Maintenance for Children
- Outcome: The court ordered the husband to pay 60% of the children's maintenance expenses and the wife to reimburse 40% of school fees and overseas expenses.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Children
- Custody of Children
- Care and Control of Children
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
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
- Matrimonial Assets
- Maintenance
- Division of Assets
- Care and Control
- School Fees
- Matrimonial Home
- Australia House
- Earning Capacity
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Children
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 90 |
| Division of Assets | 90 |
| Divorce | 90 |
| Maintenance | 85 |
| Custody of Children | 80 |
| Child Custody | 75 |
| Child Support | 75 |
| Spousal Support | 70 |
| Evidence | 20 |
| Contract Law | 20 |
16. Subjects
- Family Law
- Divorce
- Asset Division
- Child Support