AKC v AKD: Division of Matrimonial Assets and Child Maintenance Dispute

In AKC v AKD, the High Court of Singapore addressed ancillary matters following a divorce, specifically concerning the maintenance of two children and the division of matrimonial assets. The wife, AKC, sought lump sum maintenance of $300,000 for the children or $4,500 per month, while the husband, AKD, disputed the expenses related to a 'shadow teacher' for their son with a learning disorder. The court ordered the husband to pay $300,000 lump sum maintenance, failing which he is to pay the wife maintenance for the two children fixed at $3,500 a month. The court awarded the wife 60% of the matrimonial assets, and the husband, the other 40%.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for child maintenance and division of matrimonial assets.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving division of matrimonial assets and child maintenance following divorce, with focus on expenses for a child with a learning disorder.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AKCPlaintiffIndividualAwarded 60% of matrimonial assets and child maintenancePartial
AKDDefendantIndividualOrdered to pay child maintenance and awarded 40% of matrimonial assetsLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Sarah-Anne KhooAllen & Gledhill LLP
Bernice Loo Ming NeeAllen & Gledhill LLP
Mohan SinghLegalStandard LLP

4. Facts

  1. Wife filed for divorce on the ground of husband's adultery.
  2. Interim judgment for divorce was granted on 28 May 2012.
  3. The parties have two children, a 9-year-old son and a 6-year-old daughter.
  4. The son has a learning disorder (Pervasive Development Disorder – Not Otherwise Specified).
  5. The wife sought lump sum maintenance of $300,000 for the children or $4,500 per month.
  6. The husband's annual income is $110,400, while the wife's annual income is $416,925.
  7. The matrimonial home is worth $2m as at September 2012.

5. Formal Citations

  1. AKC v AKD, Divorce Transferred No 1727 of 2012, [2014] SGHC 144

6. Timeline

DateEvent
Parties married
Wife filed for divorce
Interim judgment for divorce granted
District Court ordered interim maintenance of $2,400 per month
Ancillary matters transferred to the High Court
Judgment reserved

7. Legal Issues

  1. Child Maintenance
    • Outcome: The court ordered the husband to pay $300,000 lump sum maintenance, failing which he is to pay the wife maintenance for the two children fixed at $3,500 a month.
    • Category: Substantive
    • Sub-Issues:
      • Reasonable maintenance amount
      • Consideration of parent's income
      • Special needs of child
    • Related Cases:
      • [2013] SGHC 283
  2. Division of Matrimonial Assets
    • Outcome: The court awarded the wife 60% of the matrimonial assets, and the husband, the other 40%.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Financial contributions of parties
      • Proportion of division
    • Related Cases:
      • [2007] 3 SLR(R) 520

8. Remedies Sought

  1. Divorce
  2. Maintenance for children
  3. Division of matrimonial assets

9. Cause of Actions

  • Divorce
  • Adultery

10. Practice Areas

  • Divorce Litigation
  • Family Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BNH v BNIHigh CourtYes[2013] SGHC 283SingaporeCited by the wife to support the proposition that both parents should bear the children’s expenses equally, even if one parent earns less than the other. The court distinguished this case.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited for the principle that equality of division of matrimonial assets may be the ideal but it is not the norm.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Child maintenance
  • Pervasive Development Disorder
  • Shadow teacher
  • Financial contributions
  • Lump sum maintenance

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Division of Assets90
Child Support90
Maintenance85
Child Custody80
Children's Welfare75
Learning Disorder60

16. Subjects

  • Family Law
  • Divorce
  • Child Support
  • Asset Division