ARL v ARM: Division of Matrimonial Assets and Maintenance in Divorce

In the divorce case of ARL v ARM, the Singapore High Court addressed ancillary matters concerning the division of matrimonial assets and maintenance. The court ordered the plaintiff-husband's share of the matrimonial home to be transferred to the defendant-wife, increased the monthly maintenance for the two children to $1,400, and granted the wife nominal maintenance of $1 per month. The court considered the parties' financial and non-financial contributions, the needs of the children, and drew an adverse inference against the husband for failing to fully disclose his assets and income.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for the defendant and the children.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment on division of matrimonial assets and maintenance for wife and children in a divorce case. Transfer of matrimonial home to wife ordered.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ARLPlaintiffIndividualShare in matrimonial home to be transferred to DefendantLost
ARMDefendantIndividualTransfer of matrimonial homeWon
Jeanny Ng of Jeanny Ng

3. Judges

Judge NameTitleDelivered Judgment
George WeiJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Michael Leong Kim SengHoh Law Corporation
Jeanny NgJeanny Ng

4. Facts

  1. Parties married in 1995 and have two children.
  2. Plaintiff filed for divorce after 17 years of marriage.
  3. Defendant claimed the value of matrimonial assets exceeded $1.5m.
  4. Plaintiff moved out of the matrimonial home in 2010 and to the Philippines in 2012 or 2013.
  5. Defendant has been paying the monthly loan and maintenance sums for the matrimonial home since October 2012.
  6. Plaintiff did not fully disclose his income and assets.
  7. Defendant is the primary caregiver of the children.

5. Formal Citations

  1. ARL v ARM, Divorce Transfer No 708 of 2012, [2015] SGHC 61

6. Timeline

DateEvent
Parties married
Plaintiff moved out of the matrimonial home
Plaintiff filed for divorce
Interim judgment granted
Consent order made regarding custody, care, and control of children and interim maintenance
Defendant filed a Request for Interrogatories
Plaintiff filed a 3rd affidavit
Plaintiff’s Answers to Interrogatories
Defendant made a Request for Discovery
Defendant responded by way of a 3rd affidavit
Defendant’s written submissions
Plaintiff’s 4th affidavit
Ancillary proceedings transferred to the High Court
Plaintiff’s BOA filed
Matter came before the court
Plaintiff filed a further affidavit
Defendant’s further affidavit was filed
Defendant’s BOA filed
Adjourned hearing took place
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the Plaintiff’s share in the matrimonial home to be transferred to the Defendant and determined that the Defendant should be awarded 60% of the assets in the matrimonial pool.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of matrimonial assets
      • Inclusion of properties in the pool of matrimonial assets
      • Direct financial contributions
      • Indirect contributions
      • Adverse inference for non-disclosure
  2. Maintenance for Wife
    • Outcome: The court ordered nominal maintenance of $1 per month to be paid to the Defendant.
    • Category: Substantive
  3. Maintenance for Children
    • Outcome: The court ordered maintenance of $1,400 per month for the two children to be paid to the Defendant.
    • Category: Substantive
  4. Adverse Inference for Non-Disclosure
    • Outcome: The court drew an adverse inference against the Plaintiff for failing to make full and frank disclosure of his assets and earnings.
    • Category: Procedural

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for wife
  3. Maintenance for children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce
  • Matrimonial & Ancillary Matters

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ATT v ATSCourt of AppealYes[2012] 2 SLR 859SingaporeEndorsed the broad-brush approach to division of matrimonial assets.
Sim Kim Heng Andrew v Wee Siew GeeUnknownYes[2014] 1 SLR 1276SingaporeCited for the importance of full and frank disclosure of all relevant information in ancillary proceedings.
Koo Shirley v Mok Kong Chua KennethUnknownYes[1989] 1 SLR(R) 244SingaporeCited for drawing adverse inference against a party who failed to make full disclosure of income.
Chan Siew Fong v Chan Fook KeeCourt of AppealYes[2002] 1 SLR(R) 93SingaporeCited for the court's refusal to accept that the husband did not have any other assets apart from those he declared.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the consequences of drawing an adverse inference following non-disclosure of assets.
Yeo Chong Lin v Tay Ang Choo NancyCourt of AppealYes[2011] 2 SLR 1157SingaporeEndorsed the holding in NK v NL regarding adverse inference and valuation of undisclosed assets.
Anthony Patrick Nathan v Chan Siew ChinUnknownYes[2011] 4 SLR 1121SingaporeCited for the approach to determine the value of the pool of matrimonial assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Ancillary matters
  • Interim judgment
  • Adverse inference
  • Direct financial contributions
  • Indirect contributions
  • Care and control
  • Maintenance
  • Full and frank disclosure

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Matrimonial Assets90
Division of Assets90
Maintenance85
Maintenance (Child)80
Maintenance (Wife)75
Child Custody70
Child Support70
Trusts and Estates30
Property Law25
Contract Law10

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance