ATZ v AUA: Division of Matrimonial Assets and Child Maintenance in Divorce

In the divorce case of ATZ v AUA, the High Court of Singapore, presided over by Justice Belinda Ang Saw Ean, addressed the division of matrimonial assets, child maintenance, and custody arrangements. The plaintiff, ATZ, sought to challenge a Deed of Separation signed with the defendant, AUA. The court upheld the Deed, allowing each party to retain assets in their name, but varied the terms to award ATZ $100,000 for her indirect contributions to the marriage and welfare of the child, deducting previous payments. The court also addressed child maintenance and custody, granting joint custody to both parents, care and control to the plaintiff, and liberal access to the defendant.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets, maintenance, custody, care, and control, varying the terms of the Deed of Separation.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets, child maintenance, and custody arrangements after a short marriage. The court considered a separation agreement.

1.7 Decision Date

23 June 2015

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
AUA	Defendant	Individual	Partial Loss	Partial	Ranjit Singh of Francis Khoo & Lim
ATZ	Plaintiff	Individual	Partial Success	Partial	Bernice Loo of Allen & Gledhill LLP Sarah Ann Khoo of Allen & Gledhill LLP

3. Judges

Judge Name	Title	Delivered Judgment
Belinda Ang Saw Ean	Judge	Yes

4. Counsels

Counsel Name	Organization
Ranjit Singh	Francis Khoo & Lim
Bernice Loo	Allen & Gledhill LLP
Sarah Ann Khoo	Allen & Gledhill LLP

4. Facts

The plaintiff and defendant were married on 12 April 2007 and lived apart since 15 November 2008.
The plaintiff is from Ukraine and the defendant is German; they met online.
The parties signed a Deed of Separation on 21 April 2009.
The plaintiff challenged the validity of the Deed, alleging undue pressure from the defendant.
The defendant was the sole proprietor of a business and a director/shareholder of a private limited company.
The plaintiff was a homemaker and primary caregiver to the child after relocating to Singapore.
The defendant conceded that the matrimonial home should be the primary asset available for division.

5. Formal Citations

ATZ v AUA, Divorce Transferred No. 341 of 2012, [2015] SGHC 161
ATZ v AUA, Civil Appeal No 136 of 2015, [2016] SGCA 41

6. Timeline

Date	Event
2007-04-12	Parties married.
2008-03-07	Female child of the marriage was born.
2008-11-15	Parties lived apart.
2008-11-19	Husband paid SGD 10,000 to Wife as part of the Divorce Settlement.
2009-04-03	Plaintiff signed the Deed of Separation.
2009-04-21	Defendant signed the Deed of Separation.
2009-04-21	Deed of Separation signed.
2011-08-16	Plaintiff initially filed for divorce.
2011-11-14	Expiry of the tenancy of the Apartment.
2012-01-17	Divorce proceedings were withdrawn by consent.
2012-02-03	Plaintiff commenced present divorce proceedings.
2012-04-24	Interim Judgment granted.
2015-06-24	Judgment reserved.
2016-07-12	Appeal to this decision was allowed in part by the Court of Appeal.

7. Legal Issues

Validity of Deed of Separation
- Outcome: The court found the Deed of Separation to be a binding agreement, entered into freely and voluntarily by the plaintiff, and within the scope of s 112(2)(e) of the Women's Charter.
- Category: Substantive
- Sub-Issues:
  - Undue influence
  - Non-disclosure of assets
- Related Cases:
  - [2009] 2 SLR(R) 961
  - [2012] SGHC 127
  - [2013] 3 SLR 1162
Division of Matrimonial Assets
- Outcome: The court upheld the Deed insofar as the parties were entitled to retain the assets they each held in their own name, but varied the terms to award the plaintiff $100,000 for her indirect contributions towards the marriage and welfare of the child, deducting amounts already paid.
- Category: Substantive
- Sub-Issues:
  - Indirect contributions to marriage
  - Fairness and equity of division
- Related Cases:
  - [2011] 4 SLR 1169
  - [2014] 1 SLR 1342
  - [2012] SGCA 3
  - [2014] 3 SLR 1284
  - [2015] 2 SLR 1103
  - [2013] 4 SLR 41
  - [2013] SGDC 321
  - [2005] SGDC 45
Maintenance for Child
- Outcome: The court ordered the defendant to pay $1,500 per month for the child's maintenance and half of the current rent of $3,150, totaling $3,075 per month, effective from 1 July 2015. The court also ordered the defendant to provide medical insurance for the child.
- Category: Substantive
- Sub-Issues:
  - Adequacy of maintenance
  - Accommodation for child
- Related Cases:
  - [2012] 2 SLR 506
  - [2007] 1 SLR(R) 75
  - [1992] 2 SLR(R) 143
Custody, Care and Control, and Access of Child
- Outcome: The court granted joint custody of the child to both parents, care and control to the plaintiff, and liberal access to the defendant. The court superseded the GIA Order with its order in these ancillary proceedings and left it to the parties to agree on an access schedule that works around the child’s school timetable.
- Category: Procedural
- Sub-Issues:
  - Shared care and control
  - Best interests of the child
  - Res judicata
- Related Cases:
  - [2012] 1 SLR 840
  - [2014] 2 SLR 769
  - [2008] SGDC 253

8. Remedies Sought

Divorce
Division of matrimonial assets
Maintenance for wife and child
Custody, care and control, and access of child
Setting aside of Deed of Separation

9. Cause of Actions

Divorce
Breach of contract (Deed of Separation)

10. Practice Areas

Divorce
Family Litigation
Child Custody
Matrimonial Law

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
TQ v TR	Court of Appeal	Yes	[2009] 2 SLR(R) 961	Singapore	Cited for factors that would vitiate a pre-nuptial agreement.
Wong Kien Keong v Khoo Hoon Eng	High Court	Yes	[2012] SGHC 127	Singapore	Cited for extending the principles of vitiating factors to a post-nuptial agreement.
Lian Hwee Choo Phebe v Tan Seng Ong	Court of Appeal	Yes	[2013] 3 SLR 1162	Singapore	Cited for accepting the extension of principles of vitiating factors to a post-nuptial agreement.
Tiong Swee Eng v Yeo Khee Siang	High Court	Yes	[2015] SGHC 116	Singapore	Cited for the distinction between misrepresentation and non-disclosure in contract law and the lack of a general pre-contractual obligation of disclosure in post-nuptial agreements.
Banque Financiere de la Cite SA (formerly Banque Keyser Ullmann SA) v Westgate Insurance Co (formerly Hodge General & Mercantile Co Ltd)	English Court of Appeal	Yes	[1990] 1 QB 665	England and Wales	Cited for the principle that there is no pre-contractual obligation to disclose information.
AOO v AON	High Court	Yes	[2011] 4 SLR 1169	Singapore	Cited for the principle that an agreement under s 112(2)(e) of the Charter cannot oust the court’s jurisdiction to order a just and equitable division of matrimonial assets.
Wong Kien Keong v Khoo Hoon Eng	High Court	Yes	[2014] 1 SLR 1342	Singapore	Cited for the court's power to scrutinise the terms of a marital agreement to decide on the weight to be accorded to it.
AQS v AQR	Court of Appeal	Yes	[2012] SGCA 3	Singapore	Cited for the principle that an agreement made in contemplation of divorce is only one factor the court must consider in reaching a just and equitable division.
Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur	Court of Appeal	Yes	[2014] 3 SLR 1284	Singapore	Cited for the distinction between typical post-nuptial agreements and separation agreements, and the significant weight generally given to separation agreements.
ARX v ARY	High Court	Yes	[2015] 2 SLR 1103	Singapore	Cited in relation to situations where the court assesses indirect contributions in the absence of a matrimonial agreement.
BJS v BJT	High Court	Yes	[2013] 4 SLR 41	Singapore	Cited and distinguished based on differing facts, particularly the absence of a matrimonial agreement and the wife's extraordinary contributions to the husband's business.
BME v BMF	District Court	Yes	[2013] SGDC 321	Singapore	Cited as a relevant District Court case where the court assessed the indirect contributions of a wife who was the primary caregiver of the children.
IO v IP	District Court	Yes	[2005] SGDC 45	Singapore	Cited as a relevant District Court case where the court awarded the wife a percentage of matrimonial assets to take into account the needs of the child.
Foo Ah Yan v Chiam Heng Chow	Court of Appeal	Yes	[2012] 2 SLR 506	Singapore	Cited for the principle of financial preservation of the wife providing overarching guidance to a court in deciding what a reasonable amount of maintenance might be.
NI v NJ	High Court	Yes	[2007] 1 SLR(R) 75	Singapore	Cited for the court ensuring adequate provision is made for the support and accommodation of the children of the marriage.
Wong Amy v Chua Seng Chuan	High Court	Yes	[1992] 2 SLR(R) 143	Singapore	Cited for the court ensuring adequate provision is made for the support and accommodation of the children of the marriage.
AQL v AQM	High Court	Yes	[2012] 1 SLR 840	Singapore	Cited for the definition of the term “shared care and control”.
ABW v ABV	High Court	Yes	[2014] 2 SLR 769	Singapore	Cited for the importance of continuity of arrangements or stability for the emotional well-being of a child and the factors a court should take into account in making orders in relation to the child.
XX v XY	District Court	Yes	[2008] SGDC 253	Singapore	Cited for the point that a shared care and control arrangement may not be practical once the child commences formal education.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed) s 112(2)(e)	Singapore
Guardianship of Infants Act (Cap 122, Rev Ed 1985)	Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) ss 124	Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) ss 125	Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) ss 126	Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) s 128	Singapore
Women’s Charter (Cap 353, 2009 Rev Ed) s 114(1)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Deed of Separation
Matrimonial assets
Indirect contributions
Care and control
Access
Maintenance
Undue influence
Vitiating factors
Shared care and control
Interim maintenance order

15.2 Keywords

Divorce
Matrimonial Assets
Child Custody
Maintenance
Deed of Separation
Singapore
Family Law

17. Areas of Law

Area Name	Relevance Score
Divorce	90
Family Law	90
Matrimonial Assets	85
Division of Assets	80
Maintenance	75
Maintenance (Child)	70
Maintenance (Wife)	65
Child Custody	60
Trusts and Estates	30
Estoppel	20
Contract Law	20

16. Subjects

Family Law
Divorce
Matrimonial Assets
Child Custody
Maintenance