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 Court

1.2 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

Party NameRoleTypeOutcomeOutcome TypeCounsels
ADBPlaintiffIndividualClaim for child maintenance partially grantedPartial
ADCDefendantIndividualClaim for maintenance dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

4. Facts

  1. The parties were married in 2002.
  2. The defendant sought $120,000 in lump sum maintenance for herself.
  3. The defendant sought $2,500 per month for the child.
  4. The defendant is a Regional Sales Manager with a net monthly income between $6,605.43 and $8,834.09.
  5. The plaintiff is a senior officer in the Singapore Prison Service with a net monthly income of $8,187.29.
  6. The defendant owns significantly more assets than the plaintiff.
  7. The plaintiff had adopted the defendant's child from a previous marriage.

5. Formal Citations

  1. ADB v ADC, Divorce Transferred No 206 of 2012, [2014] SGHC 76

6. Timeline

DateEvent
Parties were married
Marital intimacy ceased
Parties led separate lives
Interim judgment was granted
Judgment reserved

7. Legal Issues

  1. 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
  2. Child Maintenance
    • Outcome: The court ordered the husband to pay $1,000 per month for the child's maintenance.
    • Category: Substantive

8. Remedies Sought

  1. Spousal Maintenance
  2. Child Maintenance

9. Cause of Actions

  • Divorce
  • Maintenance Application

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chan Choy Ling v Chua Che TeckHigh CourtYes[1994] SGHC 194SingaporeCited as an example where the court denied maintenance to the wife because she was earning a comfortable income.
AAE v AAFHigh CourtYes[2009] 3 SLR(R) 827SingaporeCited as an example where the court rejected the wife’s application for maintenance because she was financially independent.
Anthony Guo Ninqun v Chan Wing SunHigh CourtYes[2014] SGHC 56SingaporeCited 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 NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed) s 118Singapore

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

16. Subjects

  • Family Law
  • Divorce
  • Spousal Maintenance
  • Child Maintenance
  • Division of Matrimonial Assets