ANH v ANI: Division of Matrimonial Assets, Child Access & Maintenance

In the divorce case of *ANH v ANI*, the High Court of Singapore addressed ancillary matters following an interim judgment for divorce granted on the basis of unreasonable behaviour. The key issues were access to the child, division of matrimonial assets, maintenance of the ex-wife, and maintenance of the child. The court made orders for the division of matrimonial assets, set the child's maintenance at $2,500 per month, declined to award maintenance to the ex-wife, and refrained from granting an order for access to the child.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and child maintenance; ex-wife maintenance not awarded; no order for child access.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets, child access, and maintenance for the ex-wife and child. The High Court addressed disagreements over asset division and maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ANHPlaintiffIndividualOrders made for division of matrimonial assets and child maintenancePartial
ANIDefendantIndividualEx-wife maintenance not awarded; no order for child accessLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tan Ai Ling JinnyWee, Tay & Lim LLP
Choo Jin HuaWee, Tay & Lim LLP
Gill Carrie KaurHarry Elias Partnership LLP

4. Facts

  1. The parties were married on 4 August 1993 and have a 14-year-old daughter.
  2. The husband is a full Professor in a local university, and the wife is an Assistant Professor in the same university.
  3. The husband moved out of the matrimonial home in December 2011.
  4. The wife denied the husband access to their daughter, claiming the daughter refused to see him.
  5. The parties disagreed on the inclusion of two properties in China as part of the matrimonial assets.
  6. The parties have agreed to joint custody of their daughter, with care and control to the wife.

5. Formal Citations

  1. ANH v ANI, Divorce Transferred No 3521 of 2012, [2014] SGHC 184

6. Timeline

DateEvent
Parties married in Zhejiang, China.
Husband moved out of the matrimonial home.
Husband filed for a writ of divorce.
Wife filed a defence and counterclaim.
District Court granted the interim judgment for divorce.
Judgment Reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a just and equitable division of the matrimonial assets.
    • Category: Substantive
  2. Child Maintenance
    • Outcome: The court ordered the husband to pay $2,500 monthly for the daughter’s maintenance.
    • Category: Substantive
  3. Maintenance of Ex-Wife
    • Outcome: The court did not award maintenance for the ex-wife.
    • Category: Substantive
  4. Access to Child
    • Outcome: The court refrained from granting an order for access, leaving it to the daughter to decide.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Ex-Wife
  3. Maintenance for Child
  4. Access to Child

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • Education

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited for the principle that equality of division is neither ideal nor the norm.
Koh Bee Choo v Choo Chai HuahCourt of AppealYes[2007] SGCA 21SingaporeApproved the High Court order of equal division where the homemaker wife of 22 years brought up the couple’s three sons.
MZ v NAHigh CourtYes[2006] SGHC 95SingaporeRefused to interfere with the District Court order that the homemaker wife (of 20 years, and who brought up the couple’s two children) should get just as much as the husband of their matrimonial assets.
BG v BFCourt of AppealYes[2007] 3 SLR(R) 233SingaporeCited for the principle that maintenance of an ex-wife supplements the division of matrimonial assets and is awarded only to even out any remaining financial inequities after division.

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
  • Ex-Wife Maintenance
  • Access to Child
  • Joint Custody
  • Interim Judgment
  • Unreasonable Behaviour

15.2 Keywords

  • divorce
  • matrimonial assets
  • child maintenance
  • ex-wife maintenance
  • child access
  • family law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Divorce90
Maintenance85
Maintenance (Child)80
Child Custody80
Unreasonable Behaviour60

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Proceedings