ATD v ATE: Division of Matrimonial Assets and Wife's Maintenance in Divorce Proceedings

In the divorce proceedings between ATD (the Wife) and ATE (the Husband), the High Court of Singapore, presided over by Lai Siu Chiu SJ, addressed ancillary matters including maintenance for the daughter and Wife, division of the matrimonial home's proceeds, division of other matrimonial assets, and costs. The court ordered the net sale proceeds of the matrimonial home to be divided equally, the Husband to pay the Wife $36,000, the parties to retain their other assets, the Husband to pay the Wife nominal maintenance of $1 per month, and each party to bear their own costs. The Husband appealed the orders regarding the $36,000 payment and the maintenance for the Wife.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for the wife.

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 and wife's maintenance. The court ordered equal division of matrimonial home proceeds and awarded the wife $36,000.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ATEDefendantIndividualOrders made against himLost
ATDPlaintiffIndividualOrders made in her favorPartial

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuSenior JudgeYes

4. Counsels

Counsel NameOrganization
Helen ChiaChia-Thomas Law Chambers LLC
Yoon Min JooHarry Elias Partnership
Koh Tien HuaHarry Elias Partnership

4. Facts

  1. The Husband and Wife were married on 28 March 2008 and separated in January 2013.
  2. The Wife filed for divorce on 5 April 2013.
  3. The Wife is a Deputy Director in a Ministry, and the Husband is an associate director with a local university.
  4. There is one child of the marriage, a daughter born on 5 April 2011.
  5. The matrimonial home was purchased by the Wife, the Husband, and the Husband’s mother.
  6. The Husband’s mother contributed $560,000, which was 50% of the purchase price of the matrimonial home.
  7. The remaining 50% of the purchase price was funded by a loan from United Overseas Bank Ltd.
  8. The Husband and Wife contributed equally to the repayment of the loan by cash payments and through deductions from their respective Central Provident Fund accounts.
  9. The Husband’s assets exceeded the Wife’s assets by $242,335.00.
  10. The Wife requested nominal maintenance of $1.00 to preserve her right to claim maintenance in the future.

5. Formal Citations

  1. ATD v ATE, DT 1693 of 2013, [2015] SGHC 131

6. Timeline

DateEvent
Husband and Wife married
Daughter born
Husband and Wife separated
Wife filed petition for divorce
Interim judgement granted on Wife’s petition for divorce
Ancillary matters relating to the divorce proceedings heard
Decision date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the net sale proceeds of the matrimonial home to be divided equally between the parties and awarded the Wife 15% of the Husband’s surplus assets.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct contributions
      • Indirect contributions
      • Extent of disclosure of assets
  2. Wife's Maintenance
    • Outcome: The court awarded the Wife nominal maintenance of $1 per month.
    • Category: Substantive
    • Sub-Issues:
      • Nominal maintenance
      • Preservation of right to claim maintenance
  3. Disclosure of Assets
    • Outcome: The court found that neither party had given full disclosure of assets at the outset and drew an adverse inference against the Husband.
    • Category: Procedural
    • Sub-Issues:
      • Discovery applications
      • Interrogatories
      • Adverse inference

8. Remedies Sought

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

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial and Ancillary Matters

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Bee Giok v Loh Kum YongUnknownYes[1996] 3 SLR(R) 605SingaporeCited for the principle that without a nominal maintenance order, the Wife would be precluded from making any such claim in the future.
Yeo Chong Lin v Tay Ang Choo NancyCourt of AppealNo[2011] 2 SLR 1157SingaporeCited for the approach to be taken when a party fails to fully disclose assets.
NK v NLUnknownYes[2007] 3 SLR (R) 743SingaporeCited in Yeo Chong Lin v Tay Ang Choo Nancy at [64] - [66] for the approach to be taken when a party fails to fully disclose assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Maintenance
  • Division of assets
  • Central Provident Fund
  • Ancillary matters
  • Nominal maintenance
  • Disclosure of assets
  • Discovery
  • Interrogatories

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Family Law95
Divorce90
Maintenance85
Child Custody70
Child Support70
Litigation50
Civil Procedure30

16. Subjects

  • Family Law
  • Divorce
  • Asset Division
  • Maintenance