Wauters v van den Brande: Division of Matrimonial Assets and Maintenance Dispute
In the divorce case of *Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond van den Brande*, the High Court of Singapore, presided over by Justice Choo Han Teck, addressed ancillary matters concerning the division of matrimonial assets and maintenance. The court ordered the sale of the Bali property, with the wife now having sole conduct of the sale, and made adjustments to the husband's maintenance obligations. The court also addressed arrears in maintenance payments and other related issues.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for the sale of Bali property, division of proceeds, and adjustments to maintenance payments.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the division of matrimonial assets, primarily the Bali property, and maintenance payments. The court granted the wife sole conduct of the sale of the Bali property.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sigrid Else Roger Marthe Wauters | Plaintiff, Wife | Individual | Granted sole authority to sell Bali Property | Partial | |
| Lieven Corneel Leo Raymond van den Brande | Defendant, Husband | Individual | Maintenance order to continue | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Darren Chan Eng Jin | Allen & Gledhill LLP |
| Bernice Loo Ming Nee | Allen & Gledhill LLP |
4. Facts
- The parties are Belgian nationals married on 25 February 1992.
- The wife filed for divorce on 25 June 2009.
- Interim judgment was granted on 11 June 2010.
- The pool of matrimonial assets was approximately $2.2 million.
- The Bali Property was valued at $1,249,277.87.
- The wife is living in the Bali Property.
- The husband had not met his maintenance obligations and owed arrears.
5. Formal Citations
- Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond van den Brande, Divorce Transferred No 3195 of 2009 (Summonses Nos 4285 & 5164 of 2012 and Summonses Nos 3882 & 5502 of 2013), [2013] SGHC 256
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Wife filed for divorce | |
| Maintenance order made in the Family Court | |
| Interim judgment granted | |
| Written judgment handed down | |
| Wife applied to vary the maintenance order | |
| Husband applied to vary the maintenance order | |
| Maintenance varied to $14,000 a month | |
| Decision given on outstanding issues, including Bali Property sale | |
| Wife filed summons seeking alternative orders for Bali Property | |
| Husband filed an application | |
| Summonses heard in chambers | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered the sale of the Bali property and division of proceeds.
- Category: Substantive
- Variation of Maintenance Order
- Outcome: The court ordered the husband to continue paying $14,000 a month to the wife.
- Category: Substantive
- Liberty to Apply
- Outcome: The court held that the wife was not precluded from invoking liberty to apply to seek sole conduct of the sale.
- Category: Procedural
- Related Cases:
- [2002] 1 SLR(R) 943
8. Remedies Sought
- Division of Matrimonial Assets
- Variation of Maintenance Order
- Sale of Property
9. Cause of Actions
- Divorce
- Ancillary Matters
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond van den Brande | High Court | Yes | [2011] SGHC 237 | Singapore | Previous judgment in the same case regarding the division of matrimonial assets. |
| Koh Ewe Chee v Koh Hua Leong and another | High Court | Yes | [2002] 1 SLR(R) 943 | Singapore | Cited for the principle of liberty to apply in court orders. |
| Cytec Industries Pte Ltd v APP Chemicals International (Mau) Ltd | High Court | Yes | [2009] 4 SLR(R) 769 | Singapore | Cited regarding communications in the course of negotiations genuinely aimed at settlement of a dispute. |
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
- Matrimonial Assets
- Bali Property
- Maintenance Order
- Liberty to Apply
- Sole Conduct of Sale
- Arrears
- Escrow Account
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- Bali property
- Singapore
- family law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Divorce | 90 |
| Matrimonial Assets | 90 |
| Maintenance | 85 |
| Division of Assets | 80 |
16. Subjects
- Family Law
- Divorce
- Property Law