ABT v ABU: Division of Matrimonial Assets and Wife's Maintenance in Divorce
In the divorce case of ABT v ABU, the Singapore High Court addressed the division of matrimonial assets and the wife's maintenance. The court found inconsistencies in both parties' asset declarations. Ultimately, the court ordered an equal (50-50) division of the matrimonial assets, totaling S$1,443,576.32, and mandated the husband to continue paying the wife S$5,750 per month in maintenance. The court also granted liberty to apply in respect of access to their daughter.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Matrimonial assets divided equally; plaintiff to pay S$5,750 monthly maintenance to defendant.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case concerning the division of matrimonial assets and maintenance for the wife in a divorce. The court ordered an equal division of assets and continued maintenance payments.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | J | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Rina Kalpanath Singh | Kalco Law LLC |
| Chia Chwee Imm Helen | Chia-Thomas Law Chambers LLC |
4. Facts
- Plaintiff and defendant were married on 10 February 1997.
- They have one daughter, V, born on 20 November 1998.
- Parties reached a mediation agreement on 27 October 2010 regarding V's custody.
- Plaintiff filed for divorce on 6 October 2011.
- The defendant commenced maintenance proceedings in August 2011.
- The plaintiff's net monthly income is S$24,587.70.
- The total pool of assets amounted to S$1,443,576.32.
5. Formal Citations
- ABT v ABU, Divorce Transferred No 4834 of 2011, [2014] SGHC 25
6. Timeline
| Date | Event |
|---|---|
| Parties married in Sudbury, Suffolk | |
| Daughter V born | |
| Mediation agreement reached regarding V's custody | |
| V moved to stay with the plaintiff | |
| Defendant commenced maintenance proceedings against the plaintiff | |
| Plaintiff filed writ of divorce | |
| Interim judgment granted | |
| Plaintiff provided declaration of assets | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered an equal division of the matrimonial assets.
- Category: Substantive
- Related Cases:
- [2011] 2 SLR 1157
- [2011] 4 SLR 1121
- [2012] SGHC 107
- [2012] 3 SLR 402
- [2012] 4 SLR 405
- [2013] SGHC 275
- [2012] 2 SLR 859
- [2007] 3 SLR(R) 520
- Maintenance for Defendant/Wife
- Outcome: The court ordered the plaintiff to continue paying S$5,750 per month to the defendant.
- Category: Substantive
- Related Cases:
- [2003] SGDC 303
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Matrimonial and Divorce Proceedings
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited regarding the operative date for determining what falls into the pool of matrimonial assets. |
| Anthony Patrick Nathan v Chan Siew Chin | High Court | Yes | [2011] 4 SLR 1121 | Singapore | Cited for the principle that the date on which matrimonial assets should be valued is up to the court’s discretion to arrive at a ‘just and equitable division’ |
| Yong Shao Keat v Foo Jock Khim | High Court | Yes | [2012] SGHC 107 | Singapore | Cited for following the flexible approach in Anthony Patrick Nathan v Chan Siew Chin regarding the valuation date of matrimonial assets. |
| Chan Yuen Boey v Sia Hee Soon | High Court | Yes | [2012] 3 SLR 402 | Singapore | Cited for following the flexible approach in Anthony Patrick Nathan v Chan Siew Chin regarding the valuation date of matrimonial assets. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Cited for deciding that several of the properties were to be valued as at a date different from the date of the hearing. |
| Wong Kien Keong v Khoo Hoon Eng | High Court | Yes | [2013] SGHC 275 | Singapore | Cited for the court's discretion to choose a more appropriate date of valuation. |
| AAY v ATS | N/A | Yes | [2012] 2 SLR 859 | Singapore | Cited as a case involving a 15-year marriage where the wife was awarded 45% of the assets. |
| Lock Yeng Fun v Chua Hock Chye | N/A | Yes | [2007] 3 SLR(R) 520 | Singapore | Cited for the principle that equality of division should not be the norm. |
| Prasenjit K Basu v Vinti Vaish (m.w.) | District Court | Yes | [2003] SGDC 303 | Singapore | Cited for the proposition that the main factors the court should focus on in a maintenance pendente lite application are the immediate financial needs of the parties and their incomes. |
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
- Maintenance
- Division of Assets
- Mediation Agreement
- Net Value
- Declaration of Assets
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 98 |
| Family Law | 95 |
| Maintenance | 95 |
| Divorce | 90 |
| Child Custody | 70 |
| Child Support | 60 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance