AVM v AWH: Division of Matrimonial Assets, Wife's Maintenance, Custody and Access of Triplets
In the divorce case of AVM v AWH, the High Court of Singapore, presided over by Justice Vinodh Coomaraswamy on 27 July 2015, addressed ancillary matters including the division of matrimonial assets, maintenance for the wife and triplets, and custody/access arrangements for the triplets. The wife sought divorce based on the husband's unreasonable behavior. The court awarded 60% of the matrimonial assets to the wife and 40% to the husband, denied maintenance for the wife but granted her liberty to apply in the future, ordered the husband to pay a lump sum for the triplets' maintenance, granted sole custody to the wife, and allowed the husband supervised access to the triplets. The husband appealed the decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Wife
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, wife's maintenance, and custody/access of triplets. The court awarded 60% of assets to the wife, denied spousal maintenance, and granted sole custody to the wife with supervised access to the husband.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vinodh Coomaraswamy | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tang Gee Ni | G N Tang & Co |
4. Facts
- Wife commenced divorce proceedings on grounds of husband's unreasonable behavior.
- Husband initially defended but withdrew his defence.
- Wife sought division of matrimonial assets, maintenance for herself and triplets, and custody/access of triplets.
- Husband disclosed his homosexuality and HIV positive status to the wife during marriage.
- Wife obtained a personal protection order against the husband due to family violence.
- Husband was convicted of drug offenses and jailed.
- Husband was adjudicated bankrupt.
- Wife was the primary caregiver of the triplets since their birth.
- The triplets were conceived through in vitro fertilization.
5. Formal Citations
- AVM v AWH, Divorce Transfer No [X], [2015] SGHC 194
6. Timeline
| Date | Event |
|---|---|
| Husband and wife married | |
| Wife engaged a private investigator to conduct surveillance on the husband | |
| Husband disclosed to the wife that he was HIV positive | |
| Wife moved out of the matrimonial home | |
| Wife sought a personal protection order against the husband | |
| Wife secured an expedited personal protection order against the husband | |
| Wife set up her own business | |
| Husband used physical force on one of the triplets | |
| Wife applied for custody of the triplets | |
| Wife commenced divorce proceedings | |
| Sembawang property sold | |
| Wife amended her statement of particulars | |
| Wife secured an uncontested interim judgment | |
| Husband was charged with five offences under the Misuse of Drugs Act | |
| Husband was adjudicated a bankrupt | |
| Husband was jailed | |
| Husband was released from jail | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court divided the matrimonial assets, awarding 60% to the wife and 40% to the husband, considering both direct and indirect contributions.
- Category: Substantive
- Related Cases:
- [2013] 2 SLR 324
- [2015] SGCA 34
- Maintenance for Wife
- Outcome: The court denied maintenance for the wife, considering her ability to be economically independent and the husband's lack of capacity to pay, but granted her liberty to apply in the future.
- Category: Substantive
- Maintenance for Children
- Outcome: The court ordered the husband to pay a lump sum for the triplets' maintenance, discounted to account for the time value of money.
- Category: Substantive
- Custody of Children
- Outcome: The court granted sole custody of the triplets to the wife, considering the husband's past behavior and decision-making ability.
- Category: Substantive
- Related Cases:
- [2005] 3 SLR(R) 690
- Access to Children
- Outcome: The court allowed the husband supervised access to the triplets, considering his past behavior and the children's best interests.
- Category: Substantive
- Effect of Bankruptcy on Matrimonial Asset Division
- Outcome: The court addressed the impact of the husband's bankruptcy on the division of matrimonial assets, ordering the annulment of the bankruptcy as a condition precedent to the transfer of assets.
- Category: Jurisdictional
- Related Cases:
- [2005] SGDC 104
- [1993] 2 FLR 477
- [1981] 1 Ch 405
- [2008] 1 FLR 453
- [2010] 1 WLR 1057
- [1996] 1 WLR 242
- [2005] 2 All ER 418
- [1991] Ch 142
- [1996] 2 FLR 579
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Children
- Custody of Children
- Access to Children
9. Cause of Actions
- Divorce
- Unreasonable Behaviour
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BCB v BCC | Court of Appeal | Yes | [2013] 2 SLR 324 | Singapore | Cited for the principles to be applied when dividing matrimonial assets under section 112 of the Women's Charter, emphasizing a broad-brush approach and considering indirect contributions. |
| ANJ v ANK | Court of Appeal | Yes | [2015] SGCA 34 | Singapore | Cited for the structured four-step approach to dividing matrimonial assets, cautioning against using direct contributions as a starting point and emphasizing the importance of non-financial contributions. |
| JA v JB | District Court | Yes | [2005] SGDC 104 | Singapore | Cited for the proposition that divorce proceedings and division of matrimonial assets can continue despite the husband's bankruptcy, as these are not debts provable in bankruptcy. |
| Woodley v Woodley (No. 2) | N/A | Yes | [1993] 2 FLR 477 | N/A | Cited to establish that section 132 of the Women's Charter does not apply to dispositions that occur by operation of law upon a bankruptcy order. |
| In Re Holliday | N/A | Yes | [1981] 1 Ch 405 | N/A | Cited to establish that the court has no power under section 112 to affect the Official Assignee's title to assets vested in him by operation of law under section 76(1)(a) of the Bankruptcy Act. |
| Whig v Whig | N/A | Yes | [2008] 1 FLR 453 | N/A | Cited as an example of a case where an annulment of bankruptcy was sought under s 123(1)(a) of the Bankruptcy Act. |
| Paulin v Paulin | N/A | Yes | [2010] 1 WLR 1057 | N/A | Cited as an example of a case where an annulment of bankruptcy was sought under s 123(1)(a) of the Bankruptcy Act. |
| Fitch v Fitch | N/A | Yes | [1996] 1 WLR 242 | N/A | Cited to establish that the bankruptcy court's discretion to rescind its orders is to be exercised with caution and only in exceptional circumstances. |
| Papanicola v Humphreys | N/A | Yes | [2005] 2 All ER 418 | N/A | Cited to establish that the bankruptcy court's discretion to rescind its orders is to be exercised with caution and only in exceptional circumstances. |
| In Re Citro (Domenico) (A Bankrupt) | N/A | Yes | [1991] Ch 142 | N/A | Cited to establish that in the absence of exceptional circumstances, creditors' rights ought ordinarily to prevail over the non-bankrupt spouse's rights. |
| Hellyer v Hellyer | N/A | Yes | [1996] 2 FLR 579 | N/A | Cited to establish that where the share of matrimonial assets which a court exercising matrimonial jurisdiction has determined it is just and equitable for the bankrupt spouse to receive suffices to repay all of his creditors in full, the creditors’ interests recede from view. |
| CX v CY (minor: custody and access) | Court of Appeal | Yes | [2005] 3 SLR(R) 690 | Singapore | Cited for the principles regarding custody and access, including the distinction between 'custody' and 'care and control' and the presumption in favor of joint custody. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 66 of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 65 of the Women’s Charter | Singapore |
| Guardianship of Infants Act (Cap 122, 1985 Rev Ed) | Singapore |
| Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| Fourth Schedule to the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) | Singapore |
| s 112 of the Women’s Charter | Singapore |
| s 112(2)(a) of the Women’s Charter | Singapore |
| s 112(2)(d) of the Women’s Charter | Singapore |
| s 114(1) of the Women’s Charter | Singapore |
| s 68 of the Women’s Charter | Singapore |
| Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| s 76(1)(c) of the Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| s 76(1)(a) of the Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| s 78(2) of the Bankruptcy Act | Singapore |
| s 132 of the Women’s Charter | Singapore |
| s 7 of the Bankruptcy Act | Singapore |
| s 123(1)(a) of the Bankruptcy Act | Singapore |
| s 123(1)(b) of the Bankruptcy Act | Singapore |
| s 123A(1) Bankruptcy Act | Singapore |
| s 53 of the Women’s Charter | Singapore |
| s 55 of the Women’s Charter | Singapore |
| s 57(5A) of the Income Tax Act | Singapore |
| s 51(5) of the Housing and Development Act (Cap 129, 2004 Rev Ed) | Singapore |
| s 24(2)(c) of the Central Provident Fund Act (Cap 36, 2013 Rev Ed) | Singapore |
| s 112(5)(e) of the Women’s Charter | Singapore |
| s 112(8) of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Division of Assets
- Maintenance
- Custody
- Access
- Personal Protection Order
- Bankruptcy
- In Vitro Fertilisation
- Homosexuality
- HIV Positive
- Supervised Access
- Lump Sum Maintenance
15.2 Keywords
- divorce
- matrimonial assets
- custody
- maintenance
- bankruptcy
- family law
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Custody
- Bankruptcy