ARV v ARW: Division of Matrimonial Assets and Maintenance Dispute in Divorce Proceedings
In ARV v ARW, before the High Court of Singapore on March 16, 2015, the court addressed the division of matrimonial assets and maintenance for the Wife and their three children following divorce proceedings. The court drew an adverse inference against the Husband for failing to provide full disclosure of his assets, leading to a rough allocation of assets favoring the Wife. The Wife was awarded the Matrimonial Home, the Second Apartment, the Chongqing Apartment, and an interest in [F] Company. The court declined to award maintenance to the Wife but granted the requested maintenance for the children.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Division of assets ordered in favor of the Wife; maintenance for the Wife declined; maintenance of the children awarded as sought.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court addresses division of matrimonial assets and maintenance for wife and children in ARV v ARW divorce case, drawing adverse inference against husband.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Aedit Abdullah | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ho Shiao Hong | Bih Li & Lee |
| Loh Wai Mooi | Bih Li & Lee |
4. Facts
- The parties were married in 1992 and divorce proceedings commenced in 2011.
- The Wife sought division of matrimonial assets and maintenance for herself and three children.
- The Husband failed to give full and frank disclosure of his assets, particularly regarding companies and trusts.
- The Wife contended that the Husband had not given full disclosure of assets.
- The Husband claimed several assets had low or negligible value.
- The Wife sought specific assets, including two Singapore apartments, one China apartment, and a company.
- The Husband proposed holding the First and Second Apartments until an en-bloc sale.
5. Formal Citations
- ARV v ARW, , [2015] SGHC 72
6. Timeline
| Date | Event |
|---|---|
| Parties were married. | |
| Divorce proceedings commenced. | |
| Interim judgment was given. | |
| Judgment reserved. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered a division of assets, awarding the Wife the Matrimonial Home, the Second Apartment, the Chongqing Apartment, and the interest in [F] Company, drawing an adverse inference against the Husband for non-disclosure.
- Category: Substantive
- Sub-Issues:
- Non-disclosure of assets
- Valuation of assets
- Direct and indirect contributions
- Maintenance for Wife
- Outcome: The court declined to award maintenance to the Wife, considering the distribution of property and the uncertain means of the Husband.
- Category: Substantive
- Maintenance for Children
- Outcome: The court ordered the Husband to pay $7,050 per month for the maintenance of the three children and to bear the costs of their tertiary studies.
- Category: Substantive
- Adverse Inference for Non-Disclosure
- Outcome: The court drew an adverse inference against the Husband due to his failure to provide full and frank disclosure of his assets.
- Category: Procedural
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Children
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Claim for Maintenance
10. Practice Areas
- Family Litigation
- Divorce
- Matrimonial Asset Disputes
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 broad-brush approach in division of property under s 112 of the Women’s Charter, taking into account both direct and indirect contributions. |
| NK v NL | Unknown | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the methodologies in division of matrimonial property, including identification of assets and determination of a just division. |
| Koh Bee Choo v Choo Chai Huah | Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited for the requirements to draw an adverse inference against a party for failure to disclose assets. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Unknown | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that a higher proportion of known assets may be given where full disclosure has not been given. |
| ANZ v AOA | High Court | Yes | [2014] SGHC 243 | Singapore | Cited for the presumption that any gift to the husband would be a gift to the parties equally. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Unknown | Yes | [2012] 4 SLR 405 | Singapore | Cited in relation to the formula applied in maintenance cases. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Maintenance
- Adverse Inference
- Full and Frank Disclosure
- Broad-Brush Approach
- Questionable Assets
- Trusts
- Companies
- Litigant-in-Person
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- Singapore
- family law
- adverse inference
- non-disclosure
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 90 |
| Divorce | 90 |
| Maintenance | 85 |
| Children's Welfare | 80 |
| Division of Matrimonial Property | 80 |
| Maintenance (Child) | 75 |
| Adverse Inference | 65 |
| Property Law | 60 |
| Evidence Law | 50 |
| Litigant-in-person | 30 |
16. Subjects
- Family Law
- Divorce
- Asset Division
- Maintenance