UAP v UAQ: Division of Matrimonial Assets, Gifts, Bankruptcy, Injunction Damages, and Maintenance
In the divorce case of *UAP v UAQ*, the Family Court of the Republic of Singapore addressed ancillary matters including the division of matrimonial assets, gifts, bankruptcy implications, damages for injunctions, and maintenance for the wife and child. The court determined the division of assets, made no maintenance order for the wife, and issued a maintenance order for the son. The court considered allegations of dissipation of assets by both parties and the impact of the husband's bankruptcy on the matrimonial pool.
1. Case Overview
1.1 Court
Family Court of the Republic of Singapore1.2 Outcome
Orders made for asset division, no maintenance order for the wife, and maintenance order for the son.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case involving division of matrimonial assets, gifts, bankruptcy, injunction damages, and maintenance. The court determined asset division and maintenance orders.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UAP | Plaintiff | Individual | Asset division in her favour | Partial | Low Peter Cuthbert, Christine Low, Elaine Low |
| UAQ | Defendant | Individual | Asset division in his favour | Partial | Randolph Khoo, Veronica Joseph, Ho Wei Jing, Tricia, Lim Poh Choo |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Low Peter Cuthbert | Peter Low LLC |
| Christine Low | Peter Low LLC |
| Elaine Low | Peter Low LLC |
| Randolph Khoo | Drew & Napier LLC |
| Veronica Joseph | Drew & Napier LLC |
| Ho Wei Jing | Drew & Napier LLC |
| Tricia | Drew & Napier LLC |
| Lim Poh Choo | Alan Shankar & Lim LLC |
4. Facts
- Parties married in 1991 and have one son, aged 21 at the time of judgment.
- The Wife was a flight stewardess and later a homemaker; the Husband was a pilot.
- The Husband had an affair in 2010, leading to the breakdown of the marriage.
- The Husband took out second and third mortgages on the matrimonial home.
- The Wife obtained several injunctions against the Husband and related parties.
- The Husband was declared bankrupt in 2012, later annulled.
- The matrimonial home was repossessed and auctioned off by DBS.
5. Formal Citations
- UAP v UAQ, Divorce Transfer No 5 of 2011, [2017] SGHCF 11
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Property in Nilai Springs, Malaysia purchased | |
| Birth of their son | |
| Husband confessed to having an affair | |
| Husband sent instant message stating he wanted a separation | |
| Wife and son discovered the padlock had been broken and replaced | |
| Residential telephone line cut off by the Husband | |
| Husband caused the supply of water and electricity to the matrimonial home to be terminated | |
| Wife petitioned for divorce | |
| Wife obtained an injunction against the Husband | |
| Second injunction obtained by the Wife against the Husband | |
| Husband requested that the Wife lift the first injunction | |
| Interim maintenance ordered | |
| Wife applied for leave to commence committal proceedings against the Husband | |
| Fresh set of injunctions sought by the Wife and granted | |
| Husband declared a bankrupt | |
| Wife applied to enforce the interim order | |
| Husband applied to vary the maintenance order | |
| Consent order granted | |
| DBS repossessed the matrimonial home and auctioned it off | |
| Nilai Springs property sold | |
| Interlocutory Judgment granted | |
| Further injunction obtained by the Wife | |
| Husband applied to vary or rescind the two previous maintenance orders | |
| Application fixed to be heard together with the ancillary matters | |
| Ancillary matters first fixed to be heard in the Family Court | |
| First bankruptcy order annulled | |
| Second bankruptcy order annulled | |
| Case conference held | |
| Ancillary matters transferred to the High Court | |
| Judgment delivered |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the division of matrimonial assets, considering factors such as direct and indirect contributions, dissipation, and the impact of the husband's bankruptcy.
- Category: Substantive
- Sub-Issues:
- Dissipation of assets
- Valuation of assets
- Inclusion of gifts
- Impact of bankruptcy
- Related Cases:
- [2016] 2 SLR 686
- [2007] SGCA 21
- [2015] 2 SLR 195
- [2012] 3 SLR 402
- [2015] 4 SLR 1043
- [2012] 4 SLR 405
- Maintenance for Wife
- Outcome: The court ordered no further maintenance for the Wife.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Interim maintenance
- Variation of maintenance orders
- Impact of bankruptcy
- Related Cases:
- [2014] 2 SLR 705
- Maintenance for Son
- Outcome: The court ordered the Husband to pay $500 per month for the son's maintenance until he finishes his first degree.
- Category: Substantive
- Sub-Issues:
- Child maintenance
- Tertiary education expenses
- Related Cases:
- [2014] SGCA 20
- Custody of Son
- Outcome: The court made no custody order for the son, granted care and control to the Wife, and ordered liberal access to the Husband.
- Category: Substantive
- Sub-Issues:
- Care and control
- Access rights
- Related Cases:
- [2015] 3 SLR 690
- Enforcement of Cross-Undertaking as to Damages
- Outcome: The court did not take damages in respect of the cross-undertaking into consideration as part of the division process, save for the specific loss shown by the Husband in relation to his SIA share options.
- Category: Procedural
- Related Cases:
- [2000] 2 SLR(R) 407
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Son
- Custody of Son
- Damages for Injunction
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Litigation
- Asset Division
- Bankruptcy
- Injunctions
- Child Custody
- Matrimonial Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ARY v ARX and another appeal | Court of Appeal | Yes | [2016] 2 SLR 686 | Singapore | Cited for guidance on the operative date for delineating the matrimonial pool. |
| Koh Bee Choo v Choo Chai Huah | Singapore Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited for the requirements to draw an adverse inference against a party in relation to undisclosed assets. |
| Chan Tin Sun v Fong Quay Sim | Singapore Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the requirements to draw an adverse inference against a party in relation to undisclosed assets and for considering a spouse's misconduct in the division of matrimonial assets. |
| Chan Yuen Boey v Sia Hee Soon | Singapore High Court | Yes | [2012] 3 SLR 402 | Singapore | Cited for the means by which an adverse inference may be given effect to. |
| Tribune Investment Trust Inc v Soosan Trading Co Ltd | Court of Appeal | Yes | [2000] 2 SLR(R) 407 | Singapore | Cited for the court's discretion as to whether or not to enforce the cross-undertaking as to damages. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for setting out a structured approach to determine a just and equitable division of matrimonial assets and for guidance that an uplift to a party’s distribution ratio may be relevant for the purpose of an adverse inference. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Singapore Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Cited for the established law that a “pure” inter-spousal gift should be included in the matrimonial pool. |
| AXM v AXO | Court of Appeal | Yes | [2014] 2 SLR 705 | Singapore | Cited for making clear that a final maintenance order granted under s 113(1)(b) could not be backdated to override the effect of an interim maintenance order granted under s 113(1)(a). |
| CX v CY (minor; custody and access) | Court of Appeal | Yes | [2015] 3 SLR 690 | Singapore | Cited for guidance on no custody order for the son. |
| Thery Patrice Roger v Tan Chye Tee | Singapore Court of Appeal | Yes | [2014] SGCA 20 | Singapore | Cited for approach of the Court of Appeal. |
| AVM v AWH | High Court | Yes | [2015] SGHC 194 | Singapore | Cited regarding the annulment of the second bankruptcy on 21 June 2016. |
13. Applicable Rules
| Rule Name |
|---|
| Family Justice Rules (S 813/2014) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Family Justice Act (No. 27 of 2014) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Dissipation
- Injunction
- Bankruptcy
- Maintenance
- Interim Maintenance
- Custody
- Direct Contribution
- Indirect Contribution
- Average Ratio
- Adverse Inference
- Cross-Undertaking
- CPF
- Official Assignee
15.2 Keywords
- divorce
- matrimonial assets
- division of assets
- maintenance
- custody
- bankruptcy
- injunction
- family law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Bankruptcy
- Injunctions
- Maintenance
- Child Custody
17. Areas of Law
- Family Law
- Matrimonial Assets
- Division of Assets
- Bankruptcy Law
- Injunctions
- Maintenance
- Child Custody