ABX v ABY: Division of Matrimonial Assets and Wife & Children Maintenance in Divorce Proceedings

In ABX v ABY, the Singapore High Court addressed ancillary matters in a divorce, including the division of matrimonial assets and maintenance for the wife and children. The court, presided over by Justice Andrew Ang, determined the assets to be divided, including a flat, an insurance policy, a country club membership, and the husband's CPF accounts. The court awarded the wife 25% of the matrimonial assets and ordered the husband to pay S$2,500 per month for the maintenance of one of their children. The judgment was delivered on 2014-02-24.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for the wife and child.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment on ancillary matters in divorce, focusing on division of matrimonial assets, maintenance for the wife and children.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ABXPlaintiffIndividualPartial SuccessPartial
ABYDefendantIndividualPartial LossPartial
ABZDefendantIndividualNeutralNeutral
ACADefendantIndividualNeutralNeutral

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
Kenneth SiowTemple Counsel LLP
Ellen LeeRamdas & Wong

4. Facts

  1. The Wife and Husband married on 13 August 1998 and have twin sons.
  2. The Husband was the sole breadwinner until March 2005.
  3. The Wife was a housewife during the marriage.
  4. The family lived in Hong Kong from 1996 to 2005 due to the Husband's work.
  5. The Wife returned to Singapore in 2002 and resided with the Husband's mother.
  6. The marriage broke down, and the Wife moved out on 14 February 2006.
  7. The Flat was acquired in 1999 in the joint names of the Husband and the Mother.

5. Formal Citations

  1. ABX v ABY and others, , [2014] SGHC 33
  2. ABX v ABY and others, Divorce Transferred No 670 of 2006, Divorce Transferred No 670 of 2006

6. Timeline

DateEvent
Marriage of ABX and ABY
Husband posted to Hong Kong for work
Husband resigned from his position
Wife acquired Singaporean citizenship
Wife moved out with the Children
Wife filed petition for divorce
Decree nisi granted
Court order made regarding custody and care and control of the Children
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined which assets were matrimonial assets and the proportion to be divided between the parties.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Determination of beneficial interest
      • Contributions to acquisition of assets
  2. Maintenance of Wife
    • Outcome: The court awarded the wife a nominal sum of S$1 a month as maintenance.
    • Category: Substantive
  3. Maintenance of Children
    • Outcome: The court ordered the husband to pay S$2,500 a month to the wife as maintenance for one of the children.
    • Category: Substantive
  4. Adverse Inference for Non-Disclosure
    • Outcome: The court drew an adverse inference against the husband and mother for failing to produce relevant bank statements.
    • Category: Procedural
  5. Statutory Trust
    • Outcome: The court found that a statutory trust in favour of the Wife had arisen over a 50% share in the Insurance Policy.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Children

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial and Ancillary Matters

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ladd v MarshallN/AYes[1954] 1 WLR 1489N/ACited regarding the conditions for adducing fresh evidence on appeal.
Tan Hwee Lee v Tan Cheng Guan and another appeal and another matterN/AYes[2012] 4 SLR 785SingaporeApplied regarding the conditions for adducing fresh evidence on appeal.
BG v BFN/AYes[2007] 3 SLR(R) 233SingaporeCited for the principle of full and frank disclosure in division of matrimonial assets and the drawing of adverse inferences for non-disclosure.
ABP v ABQ (B, Third Party)High CourtYes[2009] SGHC 192SingaporeCited for comparison regarding claims made by a husband and his mother regarding the purchase of a property.
Lim Geok Swan v Lim Shook LuanHigh CourtYes[2012] SGHC 18SingaporeCited for the principle of presumed intention resulting trust and lack of intention to benefit the recipient.
Lim Lina v Estate of Quick Cheng Gee, deceasedN/AYes[2012] 1 SLR 905SingaporeCited for the principle that there is no fixed format of expression required in order for s 73 of the CLPA to be brought into operation.
Saniah bte Ali v Abdullah bin AliN/AYes[1990] 1 SLR(R) 555SingaporeCited for the principle that a statutory trust under s 73 of the CLPA is irrevocable without the consent of beneficiary of the said trust.
Wan Lai Cheng v Quek Seow Kee and another appeal and another matterN/AYes[2012] 4 SLR 405SingaporeCited for the principle that an inter-spousal gift is not excluded from the pool of matrimonial assets under s 112(10) of the Women’s Charter, unless the gift was originally acquired by the donor spouse under a third-party gift or inheritance.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealN/AYes[2011] 2 SLR 1157SingaporeCited for the proposition that once an asset is regarded as a matrimonial asset to be divided, then, for the purposes of determining its value, it must be assessed as at the date of the hearing.
Anthony Patrick Nathan v Chan Siew ChinN/AYes[2011] 4 SLR 1121SingaporeCited for the principle that the date on which matrimonial assets should be valued was at the court’s discretion, just as it was when it came to the operative date when the pool of matrimonial assets should be determined.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 1997 Rev Ed)Singapore
Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)Singapore
Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Beneficial Interest
  • CPF Accounts
  • Statutory Trust
  • Adverse Inference
  • Maintenance
  • Decree Nisi
  • Joint Tenancy
  • Resulting Trust
  • Inter-spousal Gift

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Division of Assets98
Matrimonial Assets98
Family Law95
Maintenance (Child)90
Divorce90
Maintenance90
Maintenance (Wife)85
Child Custody70
Child Support70
Trust Law50
Property Law40
Evidence30
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance