AYL v AYM: Variation of Maintenance Order After Divorce
In the divorce case of *AYL v AYM*, the High Court of Singapore, presided over by Justice Choo Han Teck on 11 November 2013, addressed applications to vary a consent order regarding maintenance and division of matrimonial assets. The court ordered the defendant/husband to make a lump sum payment of $1 million to the plaintiff/wife for the maintenance of herself and their three children, varying the original consent order. The primary legal issue was the appropriate amount and mode of maintenance given changes in circumstances since the initial order.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Lump sum payment of $1 million ordered for wife and children's maintenance.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the variation of a consent order for maintenance. The High Court ordered a lump sum payment of $1 million to the wife.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| AYL | Plaintiff, Wife | Individual | Lump sum maintenance of $1 million ordered | Partial | Nigel Pereira, Ang Siok Hoon |
| AYM | Defendant, Husband | Individual | Lump sum maintenance payment ordered | Lost | Anamah Tan, Andrew Lee Tong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nigel Pereira | Rajah & Tann LLP |
| Ang Siok Hoon | Rajah & Tann LLP |
| Anamah Tan | Ann Tan & Associates |
| Andrew Lee Tong | Ann Tan & Associates |
4. Facts
- The parties were married in 1987 and have three children.
- The wife initiated divorce proceedings in 2010.
- A consent order was initially agreed upon regarding custody, care and control, division of matrimonial assets, and maintenance.
- Both parties applied to vary the consent order, primarily concerning maintenance and the division of a landed property.
- The wife's share of the sale proceeds from the property increased significantly due to a rise in its value.
- The husband's company, TripleR Group Pte Ltd, failed, resulting in financial losses.
- The wife and children relocated to Australia.
5. Formal Citations
- AYL v AYM, Divorce Suit No 1660 of 2010 (Summonses Nos 20761 and 10208 of 2011), [2013] SGHC 237
6. Timeline
| Date | Event |
|---|---|
| Parties married in England | |
| Wife initiated divorce proceedings | |
| Interim judgment granted by the Family Court | |
| Interim judgment made final | |
| Husband's application to vary Consent Order filed | |
| Family Court decided on husband's application | |
| Wife's application to vary Consent Order filed | |
| Hearing on maintenance issue | |
| Hearing on maintenance issue | |
| Court ordered husband to pay $1 million as lump sum maintenance | |
| Decision Date | |
| Appeal to this decision was allowed in part by the Court of Appeal |
7. Legal Issues
- Variation of Maintenance Order
- Outcome: The court ordered a lump sum payment, varying the original consent order.
- Category: Substantive
- Sub-Issues:
- Material change in circumstances
- Appropriate mode of maintenance (lump sum vs. periodical payments)
- Quantum of maintenance
- Related Cases:
- [2012] SGHC 64
- [2013] 1 SLR 924
8. Remedies Sought
- Variation of maintenance order
- Lump sum maintenance payment
9. Cause of Actions
- Application to vary consent order
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AYL v AYM | High Court | Yes | [2012] SGHC 64 | Singapore | Cited as the High Court's decision on the husband's appeal regarding maintenance and division of property. |
| AYM v AYL | Court of Appeal | Yes | [2013] 1 SLR 924 | Singapore | Cited as the Court of Appeal's decision on the husband's appeal regarding maintenance and division of property, which remitted the matter back to the High Court. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Cited for the formula used to derive the multiplier for calculating lump sum maintenance. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Maintenance
- Lump sum payment
- Periodical payments
- Consent order
- Material change in circumstances
- Matrimonial assets
- Division of property
- Escrow
15.2 Keywords
- Divorce
- Maintenance
- Lump Sum
- Singapore
- Family Law
- Variation Order
16. Subjects
- Family Law
- Divorce
- Maintenance
17. Areas of Law
- Family Law
- Divorce Law
- Maintenance Law