THL v THM: Child Custody, Matrimonial Asset Division, and Maintenance Dispute in Divorce

In the divorce case of *THL v THM*, the High Court of Singapore, presided over by Valerie Thean JC, addressed issues of child custody, division of matrimonial assets, and maintenance. Interim judgment for divorce was granted on 15 September 2014. The court awarded care and control of the two children to the father, granted joint custody to both parents, divided the matrimonial assets (including two London properties acquired before the marriage but with mortgages serviced during the marriage), and ordered the father to pay monthly maintenance to the mother, with a step-down after four years. The mother's application for relocation was withdrawn.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made in respect of ancillary matters.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning child custody, division of matrimonial assets (including London properties), and spousal maintenance. The court awarded care and control to the father and joint custody to both parents.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
THLPlaintiffIndividualJoint custody of childrenPartial
THMDefendantIndividualJoint custody of childrenPartial

3. Judges

Judge NameTitleDelivered Judgment
Valerie TheanJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Khoo Boo Teck RandolphDrew & Napier LLC
Moraly Joseph VeronicaDrew & Napier LLC
Gloria James-CivettaGloria James-Civetta & Co
Philip JeyaretnamRodyk & Davidson LLP
Ang Yi RongRodyk & Davidson LLP

4. Facts

  1. The Father, a British citizen, and the Mother, an Australian citizen, were married for 10 years.
  2. The couple has two children, a daughter aged 10 and a son aged 7.
  3. The Mother was the primary caregiver of the children until June 11, 2015.
  4. An incident occurred on June 7-8, 2015, involving the Mother and the children, leading to a change in care and control.
  5. The Mother has a history of Major Depressive Disorder.
  6. The Father has re-arranged his work schedule to care for the children.
  7. The Father purchased two properties in London prior to the marriage, but the mortgages were serviced during the marriage.

5. Formal Citations

  1. THL v THM, , [2015] SGHCF 11

6. Timeline

DateEvent
Couple married in the United States of America
Parties moved to Hong Kong
Family moved from Hong Kong to Singapore
Mother filed for divorce in the State Courts
Interim judgment granted for divorce
Consent order for interim maintenance was issued
Interim maintenance order took effect
Mother moved out of the matrimonial home with both children
Family Court granted parties joint custody of the children, and gave the Mother interim care and control of the children with access to the Father
Family Court changed care arrangements, giving care and control to the Father and access to the Mother
Incident involving the mother and children occurred
Incident involving the mother and children culminated
Directions given for parties to appoint an independent child psychiatrist
Dr. Ung's report concluded that the 7-8 June 2015 incident was a "terrifying and traumatic" experience for T1
Mother's counsel clarified that she is no longer pursuing the application for relocation
Judge interviewed both children with the help of a court counsellor
Session held with parents to reflect back the views and feelings of their children
Parties tendered a table of assets
Judgment reserved
Supervised overnight access to be added from Friday evening at 5pm until Saturday at 8.30pm

7. Legal Issues

  1. Child Custody
    • Outcome: The court awarded joint custody to both parents and sole care and control to the father.
    • Category: Substantive
    • Related Cases:
      • [2005] 3 SLR(R) 690
      • [2011] 3 SLR 647
  2. Division of Matrimonial Assets
    • Outcome: The court included the London properties in the pool of matrimonial assets and awarded the mother a 25% share of the total pool.
    • Category: Substantive
    • Related Cases:
      • [2013] SGHC 91
      • [1993] 1 SLR(R) 823
  3. Spousal Maintenance
    • Outcome: The court ordered the father to pay the mother $9,500 per month for four years, followed by a reduced sum of $2,000 per month.
    • Category: Substantive
    • Related Cases:
      • [2005] 2 SLR(R) 437

8. Remedies Sought

  1. Custody of children
  2. Care and control of children
  3. Access to children
  4. Division of matrimonial assets
  5. Maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Litigation
  • Divorce
  • Child Custody Disputes
  • Matrimonial Asset Division
  • Spousal Maintenance

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BNT v BNSHigh CourtYes[2014] 4 SLR 859SingaporeCited in the context of relocation, regarding the emotional and psychological stability of the primary caregiver.
Payne v PayneCourt of AppealYes[2001] Fam 473EnglandCited regarding the emotional and psychological stability of the primary caregiver.
CX v CY (minor: custody and access)Court of AppealNo[2005] 3 SLR(R) 690SingaporeCited regarding the physical or emotional abuse exception in custody cases, but the court found that the incident did not amount to abuse in the manner intended by this case.
ZO v ZP and another appealCourt of AppealNo[2011] 3 SLR 647SingaporeCited regarding the physical or emotional abuse exception in custody cases, but the court found that the incident did not amount to abuse in the manner intended by this case.
BHN v BHOHigh CourtYes[2013] SGHC 91SingaporeCited for the interpretation of 'acquired' in s 112(10)(b) of the Women's Charter, stating that it refers to the entire course of acquisition, not merely the point of purchase.
Chee Kok Choon v Sern Kuang EngN/AYes[2005] 4 MLJ 461N/ACited for the interpretation of 'acquired' in the context of matrimonial assets, stating that acquisition continues until the asset is fully acquired.
Hoong Khai Soon v Cheng Kwee Eng and another appealCourt of AppealYes[1993] 1 SLR(R) 823SingaporeCited for the principle that one ought not to trace the source of funds for an asset acquired during the marriage, as it would be inimical to the concept of a matrimonial partnership.
Tay Ang Choo Nancy v Yeo Chong Lin and another (Yeo Holdings Pte Ltd, miscellaneous party)High CourtYes[2010] SGHC 126SingaporeCited for the exercise of discretion in not including items with small resale value in the division of matrimonial assets.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for the exercise of discretion in not including items with small resale value in the division of matrimonial assets.
Yeo Gim Tong Michael v Tianzon LolitaN/AYes[1996] 1 SLR(R) 633N/ACited for the principle of considering the continued indirect contribution of a spouse after interim judgment when determining the operative date for valuing matrimonial assets.
ARX v ARYN/AYes[2015] 2 SLR 1103N/ACited for the principle of considering the continued indirect contribution of a spouse after interim judgment when determining the operative date for valuing matrimonial assets.
ANJ v ANKN/AYes[2015] 4 SLR 1043N/ACited for the structured approach to dividing matrimonial assets, considering direct and indirect contributions.
Twiss, Christopher James Hans v Twiss, Yvonne PrendergastSingapore Court of AppealYes[2015] SGCA 52SingaporeCited for the structured approach to dividing matrimonial assets, considering direct and indirect contributions.
Chan Tin Sun v Fong Quay SimCourt of AppealNo[2015] 2 SLR 195SingaporeCited regarding the court's ability to ascribe a negative value to a spouse's contributions due to misconduct, but distinguished as the allegations in this case were not of the same gravity.
Lim Kok Sian Brandon v Ong Ai Geok (alias Wang Aiyu)High CourtYes[2005] 2 SLR(R) 437SingaporeCited for making a calibrated maintenance order, reducing the periodic maintenance payable after a certain number of years, considering the wife's depressive disorder.
AXM v AXOCourt of AppealNo[2014] 2 SLR 705SingaporeCited for advising against backdating final maintenance orders where such an order would overlap with an interim order that has not been varied.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed) s 112(10)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Care and control
  • Custody
  • Matrimonial assets
  • Maintenance
  • Relocation
  • Interim judgment
  • Supervised access
  • Post-Traumatic Stress Disorder
  • Major Depressive Disorder

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Division of Assets90
Divorce90
Care and Control90
Matrimonial Assets90
Access to Children90
Division of Matrimonial Assets90
Child Custody85
Maintenance80
Child Support80
Spousal Support75
Children's Welfare70
Property Law60
Post-Traumatic Stress Disorder30

16. Subjects

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