AOB v AOC: Division of Matrimonial Assets and Child Maintenance in Divorce

In the divorce case of *AOB v AOC*, the High Court of Singapore, presided over by Justice Choo Han Teck on 20 January 2015, addressed issues of care and control of the children, child maintenance, and the division of matrimonial assets. The court granted the husband care and control of the children, ordered the wife to pay $2,500 monthly for child maintenance, and mandated an equal division of the matrimonial assets. The wife filed for divorce based on the husband's unreasonable behavior.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for care and control, child maintenance, and division of matrimonial assets.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning division of matrimonial assets, child maintenance, and care and control. The court ordered equal division of assets and wife to pay child maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AOBPlaintiffIndividualMonthly maintenance for the children to be paid by herLost
AOCDefendantIndividualCare and control over the childrenWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Low Chai ChongRodyk & Davidson LLP
Alvin LiongRodyk & Davidson LLP
Ivan Cheong ZhihuiHarry Elias Partnership

4. Facts

  1. The parties married on 30 March 1990 and separated after 21½ years.
  2. The wife filed for divorce on 29 April 2011 citing the husband's unreasonable behavior.
  3. The husband is the managing director of two information technology companies.
  4. The wife is described as a savvy and enterprising businesswoman.
  5. The couple has two children, aged 19 and 18 at the time of the judgment.
  6. The husband sought maintenance from the wife for the children.
  7. The husband purchased a Lamborghini Gallardo on 31 March 2011 for $798,000 and sold it on 19 May 2011 for $615,000, incurring a loss of $183,000.

5. Formal Citations

  1. AOB v AOC, Divorce (Transferred) No 2059 of 2011, [2015] SGHC 13

6. Timeline

DateEvent
Parties married
Family moved into matrimonial home
Wife says she moved out of matrimonial home
Husband says wife moved out of matrimonial home
Wife filed writ for divorce
Husband filed his defence
Interim judgment for divorce granted by the District Court
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered an equal division of the matrimonial assets.
    • Category: Substantive
  2. Child Maintenance
    • Outcome: The court ordered the wife to pay $2,500 monthly for the children's maintenance.
    • Category: Substantive
  3. Care and Control of Children
    • Outcome: The court granted the husband care and control of the children.
    • Category: Substantive
  4. Dissipation of Assets
    • Outcome: The court accepted that there was dissipation on the husband’s part.
    • Category: Substantive

8. Remedies Sought

  1. Divorce
  2. Division of Matrimonial Assets
  3. Child Maintenance
  4. Care and Control of Children

9. Cause of Actions

  • Divorce
  • Unreasonable Behaviour

10. Practice Areas

  • Family Litigation
  • Divorce
  • Child Custody
  • Matrimonial Asset Division

11. Industries

  • Information Technology

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Siew Choo v Ling Chin ThorHigh CourtYes[2014] SGHC 185SingaporeCited for the principle of backdating maintenance orders to ensure the parent in default pays for the child's needs from the outset.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealNo[2007] 3 SLR(R) 520SingaporeCited to support the principle that equality of division is neither ideal nor the norm.
Koh Bee Choo v Choo Chai HuahCourt of AppealYes[2007] SGCA 21SingaporeCited as an example where the Court of Appeal approved the High Court order of equal division where the homemaker wife of 22 years brought up the couple’s three sons.
MZ v NAHigh CourtYes[2006] SGHC 95SingaporeCited as an example where the High Court refused to interfere with the District Court order that the homemaker wife (of 20 years, and who brought up the couple’s two children) should get just as much as the husband of their matrimonial assets.
BG v BFCourt of AppealYes[2007] 3 SLR(R) 233SingaporeCited for the principle that maintenance of an ex-wife supplements the division of matrimonial assets and is awarded only to even out any financial inequities after division.
Chan Choy Ling v Chua Che TeckHigh CourtYes[1994] SGHC 194SingaporeCited as an example where maintenance for the wife was denied because justice would not have been done by ordering any maintenance for the wife.
AAE v AAFHigh CourtYes[2009] 3 SLR(R) 827SingaporeCited as an example where the wife’s application for maintenance was rejected because the High Court found she “deliberately misled” the District Judge in her application for interim maintenance, by making herself out to be a housewife with no income.
Anthony Guo Ninqun v Chan Wing SunHigh CourtYes[2014] SGHC 56SingaporeCited as an example where the High Court denied maintenance to the wife holding that “she [was] an able and enterprising individual with good business acumen”, and would have been able to enjoy economic independence to support her lifestyle.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 95(3)(b) of the Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 68 of the WCSingapore
s 69(2) of the WCSingapore
s 69(4) of the WCSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Care and Control
  • Child Maintenance
  • Dissipation of Assets
  • Interim Judgment
  • Joint Custody
  • Financial Contributions
  • Household Expenses

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Division of Assets95
Matrimonial Assets95
Care and Control90
Maintenance (Child)90
Family Law90
Divorce90
Access to Children80
Maintenance80
Children's Welfare70
Property Law30
Trust Law30
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Matrimonial Assets