ANJ v ANK: Division of Matrimonial Assets and Child Maintenance Dispute in Divorce Proceedings

In the divorce case of *ANJ v ANK*, the High Court of Singapore, presided over by Justice Woo Bih Li, addressed the division of matrimonial assets and maintenance for the wife and two children. The court determined the value of matrimonial assets, divided them in a 60:40 ratio in favor of the wife, and ordered the husband to pay $1 per month as nominal maintenance for the wife and 65% of the children's expenses. The husband's appeals against these orders were subsequently dismissed in part and allowed in part by the Court of Appeal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for wife and children.

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 and child maintenance. The court determined the division of assets and ordered the husband to pay child maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ANJPlaintiff, AppellantIndividualPartialPartial
ANKDefendant, RespondentIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

4. Facts

  1. The Husband and Wife were involved in divorce proceedings.
  2. The Wife filed Summons 10876 for interim maintenance.
  3. The court made an order for interim maintenance on 22 April 2014.
  4. The court gave oral judgment on 29 May 2014 regarding the division of matrimonial assets and maintenance.
  5. The Husband filed two notices of appeal to the Court of Appeal.
  6. The parties had resolved issues of custody, care and control of and access to the children.
  7. The Husband unilaterally reduced his financial contributions towards payment of family expenses from 70% to less than 30% as at July 2013.

5. Formal Citations

  1. ANJ v ANK, Divorce Transferred No 484 of 2012, (Summons No 10876 of 2012), [2014] SGHC 189

6. Timeline

DateEvent
Marriage broke down irretrievably
Interim judgment date
Divorce proceedings filed
Wife filed application for interim maintenance
Order made for interim maintenance
Oral judgment given on division of matrimonial assets and maintenance
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court divided the matrimonial assets in a 60:40 ratio in favor of the wife, granting her a larger share of the matrimonial home while the husband retained assets in his name.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of retirement funds
      • Percentage division of matrimonial home
      • Method of division of assets
  2. Maintenance for Wife
    • Outcome: The court granted the wife nominal maintenance of $1 per month to preserve her right to apply for maintenance in the future.
    • Category: Substantive
  3. Maintenance for Children
    • Outcome: The court ordered the husband to pay 65% of the children's expenses, determined to be $5,355 per month, with the order applied retrospectively from 1 July 2013.
    • Category: Substantive
    • Sub-Issues:
      • Quantum of children's expenses
      • Retrospective application of maintenance order

8. Remedies Sought

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

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Bee Giok v Loh Kum YongCourt of AppealYes[1996] 3 SLR(R) 605SingaporeCited for the principle that a nominal maintenance ought to be awarded to a wife to allow her to apply for maintenance in the future.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Interim maintenance
  • Division of assets
  • Children's expenses
  • Nominal maintenance
  • Retirement funds
  • Direct financial contributions
  • Indirect contributions
  • Earning capacity

15.2 Keywords

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

17. Areas of Law

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Maintenance