AQB v AQC: Division of Matrimonial Assets, Child Access, and Maintenance Dispute

In the divorce case of *AQB v AQC*, the High Court of Singapore, presided over by Justice Tan Siong Thye, addressed ancillary matters including access arrangements for the child, maintenance for the wife and child, and the division of matrimonial assets. The husband, AQB, initiated divorce proceedings against the wife, AQC, after a seven-year marriage. The court granted specific access rights to the husband, ordered the husband to pay $2,000 per month for the child's maintenance and $2,500 per month for the wife's maintenance, and determined the division of matrimonial assets, including the Holland Close Property, the Ridgewood Property, and the Pine Grove Property, based on direct and indirect contributions.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for child access, wife and 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 child access, wife and child maintenance, and division of matrimonial assets after a 7-year marriage. The court determined access arrangements, maintenance amounts, and asset division percentages.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AQBPlaintiffIndividualOrders made for child access, wife and child maintenance, and division of matrimonial assets.Partial
AQCDefendantIndividualOrders made for child access, wife and child maintenance, and division of matrimonial assets.Partial

3. Judges

Judge NameTitleDelivered Judgment
Tan Siong ThyeJudgeYes

4. Counsels

Counsel NameOrganization
Yap Teong LiangT L Yap Law Chambers LLC
Ho Chee JiaHarry Elias Partnership LLP
Adriene CheongHarry Elias Partnership LLP

4. Facts

  1. The husband and wife were married for seven years and have one child together.
  2. The husband commenced divorce proceedings against the wife on the ground that the marriage had broken down irretrievably.
  3. The wife consented to the divorce.
  4. The parties disagreed on the access arrangements for the child.
  5. The wife sought maintenance for herself and the child.
  6. The parties disagreed on the division of their matrimonial assets, including three properties: Holland Close Property, Ridgewood Property, and Pine Grove Property.
  7. The husband engaged an auditor to ascertain the financial contributions of the parties in relation to the three matrimonial properties.

5. Formal Citations

  1. AQB v AQC, Divorce Transfer No 1866 of 2010, [2015] SGHC 29

6. Timeline

DateEvent
Parties married
Parties started living apart
Husband commenced divorce proceedings
Interim judgment granted
Judgment reserved

7. Legal Issues

  1. Child Access
    • Outcome: The court granted the husband specific access rights to the child, including Sundays, alternate public holidays, school holidays, Christmas, Chinese New Year, and birthdays.
    • Category: Substantive
  2. Maintenance for Child
    • Outcome: The court ordered the husband to pay $2,000 per month for the maintenance of the child, effective from the date of the judgment.
    • Category: Substantive
  3. Maintenance for Wife
    • Outcome: The court ordered the husband to pay $2,500 per month for the maintenance of the wife, effective from the date of the judgment.
    • Category: Substantive
  4. Division of Matrimonial Assets
    • Outcome: The court determined the division of matrimonial assets, including the Holland Close Property, the Ridgewood Property, and the Pine Grove Property, based on direct and indirect contributions of the parties.
    • Category: Substantive

8. Remedies Sought

  1. Divorce
  2. Child Custody
  3. Child Maintenance
  4. Wife Maintenance
  5. Division of Matrimonial Assets

9. Cause of Actions

  • Divorce

10. Practice Areas

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

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
AMW v AMZHigh CourtYes[2011] 3 SLR 955SingaporeCited for considerations in deciding when maintenance should be ordered to start.
Wong Ser Wan v Ng Cheong LingHigh CourtYes[2006] 1 SLR(R) 416SingaporeCited as an instance where extravagant requests for maintenance orders have been reduced to more reasonable figures.
Pang Rosaline v Chan Kong ChinHigh CourtYes[2009] SGHC 39SingaporeCited as an instance where extravagant requests for maintenance orders have been reduced to more reasonable figures.
Lee Puey Hwa v Tay Cheow SengCourt of AppealYes[1991] 2 SLR(R) 196SingaporeCited for the court's power to award lump sum maintenance as an alternative to periodical payments to achieve a clean break between the parties.
AYM v AYL and another appealCourt of AppealYes[2014] 4 SLR 559SingaporeCited for principles concerning lump sum maintenance payments.
Wan Lai Chong v Quek Seow KeeCourt of AppealYes[2012] 4 SLR 405SingaporeCited for the principle that a clean break may help avoid further litigation and acrimony between the parties.
Neo Mei Lan Helena v Long Melvin AnthonyHigh CourtYes[2002] 2 SLR(R) 616SingaporeCited for the principle that a lump sum payment should not be ordered if it would cripple the husband financially and where there is reason to believe that defaults in payments may be likely.
BCS v BCTDistrict CourtYes[2012] SGDC 338SingaporeCited for the principle that a lump sum payment is appropriate where there is reason to believe that defaults in payments may be likely.
Neo Mei Lan Helena v Long Melvin Anthony (Yeo Bee Leong, co-respondent)High CourtYes[2002] 2 SLR(R) 616SingaporeCited for the fact that the husband has been paying maintenance regularly to the wife and the child and there is no evidence that he had ever defaulted.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for applying the broad brush approach in apportioning the three properties.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Central Provident Fund Act (Cap 36, 2013 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Child Access
  • Maintenance
  • Divorce
  • Direct Contributions
  • Indirect Contributions
  • Auditor's Report
  • Joint Custody
  • Care and Control

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Division of Matrimonial Assets95
Matrimonial Assets Division95
Division of Assets95
Divorce90
Maintenance85
Access to Children80
Child Support80
Child Custody75
Care and Control75

16. Subjects

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