ASP v ASQ: Division of Matrimonial Assets and Child Maintenance Dispute

In the High Court of Singapore, Judicial Commissioner Chua Lee Ming presided over the case of ASP v ASQ, concerning the division of matrimonial assets and maintenance for the wife, ASQ, and their daughter. The husband, ASP, filed for divorce, and the wife counterclaimed. The court ordered a 60:40 division of the Sims Residence and Casa Merah apartments in favor of the wife, specified the husband's maintenance obligations for the daughter, including school expenses, medical insurance, and a monthly sum of $1,500, and declined to order maintenance for the wife. The wife has appealed against the orders in respect of the apartments and maintenance.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and child maintenance.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Division of matrimonial assets and maintenance for the wife and child were disputed. The court ordered a 60:40 division of apartments in favor of the wife and specific child maintenance payments.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ASPPlaintiffIndividualDivision of matrimonial assets ordered; maintenance for daughter ordered; no maintenance for wife ordered.Partial
ASQDefendantIndividualDivision of matrimonial assets ordered; maintenance for daughter ordered; no maintenance for wife ordered; appealed.Partial

3. Judges

Judge NameTitleDelivered Judgment
Chua Lee MingJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Tan Hui QingKhattarWong LLP
Sharanjit Kaur d/o Sarjit SingKhattarWong LLP
Ho Chee JiaHarry Elias Partnership
Koh Tien HuaHarry Elias Partnership

4. Facts

  1. The parties were married on 4 June 2006 and have one daughter born on 31 January 2009.
  2. The husband filed for divorce on 23 August 2011, and the wife counterclaimed.
  3. The Casa Merah apartment was purchased in March 2007 in the wife’s name.
  4. The Sims Residence apartment was purchased in April 2008 in the parties’ joint names.
  5. Downpayments for both properties were paid using private loans from the wife’s friends and family.
  6. The wife is an airline captain earning between $11,000 to $18,000 per month.
  7. The husband is an airline captain earning US$10,800 per month.

5. Formal Citations

  1. ASP v ASQ, Divorce Transfer No 4094 of 2011, [2015] SGHC 123

6. Timeline

DateEvent
Parties married
Casa Merah apartment purchased
Sims Residence apartment purchased
Daughter born
Divorce filed by Plaintiff
Interim judgment granted on claim and counterclaim
Orders given
Further arguments heard
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a 60:40 division of the Sims Residence and Casa Merah apartments in favor of the wife.
    • Category: Substantive
    • Related Cases:
      • [2013] 2 SLR 324
  2. Child Maintenance
    • Outcome: The court ordered the husband to pay half of the daughter's school expenses, maintain her BUPA health insurance, and pay $1,500 per month, plus $25,000 for backdated maintenance.
    • Category: Substantive
  3. Wife Maintenance
    • Outcome: The court declined to order maintenance for the wife.
    • Category: Substantive
    • Related Cases:
      • [2014] 2 SLR 1320
      • [2012] 2 SLR 506

8. Remedies Sought

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

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Family Litigation
  • Divorce
  • Ancillary Matters

11. Industries

  • Aviation

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BCB v BCCCourt of AppealYes[2013] 2 SLR 324SingaporeCited for the broad brush approach in dividing matrimonial assets.
AYM v AYLCourt of AppealNo[2014] 4 SLR 559SingaporeCited for principles concerning lump sum maintenance payments.
ACY v ACZN/ANo[2014] 2 SLR 1320SingaporeCited regarding self-sufficiency of wife's income not conclusively yielding no maintenance.
Foo Ah Yan v Chiam Heng ChowCourt of AppealYes[2012] 2 SLR 506SingaporeCited for the principle that s 114(2) of the Women’s Charter is to be applied purposively to achieve a commonsense response to the requirement of justice in each case.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Division of Assets
  • Child Maintenance
  • Lump Sum Maintenance
  • Joint Account
  • Financial Contributions
  • Apportionment of Contributions

15.2 Keywords

  • divorce
  • matrimonial assets
  • child maintenance
  • property division
  • family law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Division of Assets95
Divorce95
Family Law95
Maintenance90
Maintenance (Child)90
Maintenance (Wife)80
Child Support70
Child Custody70

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Support