ACV v ACU: Appeal to Vary Maintenance Order in Divorce Proceedings

In ACV v ACU, the High Court of Singapore heard an appeal by ACV (the husband) to vary a maintenance order made by a district judge in favor of ACU (the wife) and their child. The High Court dismissed the appeal, finding that ACV had not provided sufficient evidence to justify a reduction in the maintenance payments. The court was not persuaded that ACV's alleged sale of his business was genuine or that his income had significantly declined.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Dismissed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal to vary a maintenance order. The High Court dismissed the appeal, finding insufficient evidence to justify varying the original maintenance order.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ACVAppellant, HusbandIndividualAppeal DismissedLost
ACURespondent, WifeIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Winston Quek Seng SoonWinston Quek & Company

4. Facts

  1. The appellant sought to reduce his monthly maintenance payments from $1,800 to $500.
  2. An order of court by consent was recorded on 22 December 2009, in which the appellant agreed to pay a monthly maintenance of $800 to the respondent and $1,000 to the child.
  3. The appellant claimed to be indebted in the sum of $80,000 and suffering a loss of business.
  4. The appellant claimed to have sold his company to an individual named Mr Lim on 3 March 2014.
  5. The appellant claimed he was earning about $2,600 (after CPF contribution) per month.
  6. The respondent argued that the appellant’s alleged sale of his business was a sham.

5. Formal Citations

  1. ACV v ACU, Divorce Suit No 4007 of 2009, [2014] SGHC 54

6. Timeline

DateEvent
Interim divorce judgment obtained
Court order by consent recorded for monthly maintenance payments
Appellant applied to vary the maintenance order
Appellant appeared before the District Judge
Appellant tendered a further affidavit
Appellant claimed to have sold his company to Mr Lim
Appeal fixed before the High Court
Appellant's affidavit filed
Search conducted on the appellant’s spray painting business through the Accounting and Corporate Regulatory Authority Singapore
Parties appeared before the High Court
Appeal dismissed

7. Legal Issues

  1. Variation of Maintenance Order
    • Outcome: The court dismissed the appeal, finding insufficient evidence to justify varying the original maintenance order.
    • Category: Substantive
    • Related Cases:
      • [2013] 1 SLR 924

8. Remedies Sought

  1. Reduction of Maintenance Payments

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Divorce
  • Appeals

11. Industries

  • Automotive

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
AYM v AYLHigh CourtYes[2013] 1 SLR 924SingaporeCited for the principle that the appellant has not adduced sufficient evidence before me to convince me that there are any sufficient reasons to vary the maintenance order.

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

  • Maintenance Order
  • Variation of Order
  • Divorce
  • Spray Painting Business
  • Affidavit
  • Sale of Business

15.2 Keywords

  • Divorce
  • Maintenance
  • Appeal
  • Family Law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Maintenance90
Matrimonial Assets70
Children's Maintenance60

16. Subjects

  • Family Law
  • Divorce
  • Maintenance