ADB v ADC: Division of Matrimonial Assets and Spousal Maintenance in Divorce
In the divorce case of ADB v ADC, the High Court of Singapore, presided over by Choo Han Teck J, addressed the defendant/wife's claim for maintenance for herself and the child. The court granted the defendant's application for maintenance for the child in the sum of $1,000 per month, but dismissed her claim for spousal maintenance, finding that she was financially independent. The court also noted that the parties had already resolved the division of assets on their own. Interim judgment was granted on 13 March 2012.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Defendant's claim for maintenance for herself is dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning division of assets and spousal maintenance. The court dismissed the wife's claim for maintenance and ordered the husband to pay $1,000 monthly for child maintenance.
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 |
---|---|
Anuradha Sharma | Winchester Law LLC |
Chia Chwee Imm Helen | Chia-Thomas Law Chambers LLC |
4. Facts
- The parties were married in 2002.
- The defendant sought $120,000 in lump sum maintenance for herself.
- The defendant sought $2,500 per month for the child.
- The defendant is a Regional Sales Manager with a net monthly income between $6,605.43 and $8,834.09.
- The plaintiff is a senior officer in the Singapore Prison Service with a net monthly income of $8,187.29.
- The defendant owns significantly more assets than the plaintiff.
- The plaintiff had adopted the defendant's child from a previous marriage.
5. Formal Citations
- ADB v ADC, Divorce Transferred No 206 of 2012, [2014] SGHC 76
6. Timeline
Date | Event |
---|---|
Parties were married | |
Marital intimacy ceased | |
Parties led separate lives | |
Interim judgment was granted | |
Judgment reserved |
7. Legal Issues
- Spousal Maintenance
- Outcome: The court dismissed the wife's claim for spousal maintenance.
- Category: Substantive
- Related Cases:
- [1994] SGHC 194
- [2009] 3 SLR(R) 827
- [2014] SGHC 56
- Child Maintenance
- Outcome: The court ordered the husband to pay $1,000 per month for the child's maintenance.
- Category: Substantive
8. Remedies Sought
- Spousal Maintenance
- Child Maintenance
9. Cause of Actions
- Divorce
- Maintenance Application
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Chan Choy Ling v Chua Che Teck | High Court | Yes | [1994] SGHC 194 | Singapore | Cited as an example where the court denied maintenance to the wife because she was earning a comfortable income. |
AAE v AAF | High Court | Yes | [2009] 3 SLR(R) 827 | Singapore | Cited as an example where the court rejected the wife’s application for maintenance because she was financially independent. |
Anthony Guo Ninqun v Chan Wing Sun | High Court | Yes | [2014] SGHC 56 | Singapore | Cited as an example where the court denied maintenance to the wife because she was an able and enterprising individual with good business acumen. |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Women’s Charter (Cap 353, 2009 Rev Ed) s 118 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Maintenance
- Matrimonial Assets
- Divorce
- Clean Break
- Joint Custody
- Care and Control
15.2 Keywords
- Divorce
- Maintenance
- Child
- Spousal
- Assets
- Singapore
- Family Law
17. Areas of Law
Area Name | Relevance Score |
---|---|
Family Law | 95 |
Divorce | 90 |
Maintenance | 90 |
Child Support | 85 |
Matrimonial Assets | 80 |
Division of Assets | 75 |
Children's Welfare | 70 |
Child Custody | 65 |
16. Subjects
- Family Law
- Divorce
- Spousal Maintenance
- Child Maintenance
- Division of Matrimonial Assets