CDV v CDW: Variation of Consent Order for Matrimonial Home Sale Due to Husband's Impending Bankruptcy
In CDV v CDW, the High Court of Singapore heard an application by the husband to vary a consent order regarding the matrimonial home, due to his financial difficulties and impending bankruptcy. The court, presided over by Judicial Commissioner Dedar Singh Gill, granted the husband's application, allowing for the sale of the matrimonial home, finding that the husband's probable bankruptcy constituted a radical change in circumstances that rendered the original order unworkable. The wife's appeal against this decision was unsuccessful.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Husband's application for variation of the consent order granted.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Husband seeks to vary consent order to sell matrimonial home due to financial difficulties. The court granted the application, citing the husband's probable bankruptcy.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CDV | Plaintiff | Individual | Application to vary order granted | Won | Liaw Jin Poh |
| CDW | Defendant | Individual | Application to vary order granted | Lost | Seenivasan Lalita, Tay Min Hui |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Dedar Singh Gill | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Liaw Jin Poh | Tan Lee & Choo |
| Seenivasan Lalita | Virginia Quek Lalita & Partners |
| Tay Min Hui | Virginia Quek Lalita & Partners |
4. Facts
- Husband and Wife divorced in 1994 and a consent order was recorded regarding maintenance and the matrimonial home.
- The consent order provided the Wife with exclusive occupation of the matrimonial home for her lifetime and prevented its sale.
- The Husband faced significant financial difficulties, including outstanding credit card debts and the threat of bankruptcy.
- The Husband was unable to pay his monthly mortgage installments on his HDB flat and faced the possibility of its compulsory acquisition.
- The Husband sought to vary the consent order to allow the sale of the matrimonial home to alleviate his financial problems.
- The Wife argued that the Husband's financial situation was unclear and that he may not actually be on the verge of bankruptcy.
- The matrimonial home was valued at between $5 to $6 million.
5. Formal Citations
- CDV v CDW, Divorce Petition No 65 of 1993 (Summons No 600205 of 2019), [2020] SGHC 61
6. Timeline
| Date | Event |
|---|---|
| Husband and Wife married | |
| Divorce Petition filed | |
| Consent order recorded | |
| Decree absolute granted | |
| Husband sent WhatsApp message requesting funds | |
| Husband sent WhatsApp message requesting funds for son's trip | |
| Husband sent WhatsApp message requesting funds | |
| OCBC served statutory demand on Husband | |
| Husband sent WhatsApp message requesting funds | |
| Husband had $10,956.59 in CPF Retirement Account | |
| Husband's letter delivered to Wife | |
| Court clerk visited Matrimonial home | |
| Court clerk visited Matrimonial home | |
| Order of Court for substituted service | |
| Wife filed affidavit | |
| Bailiff seized items from HDB flat | |
| First hearing | |
| Hearing adjourned | |
| Husband's solicitors wrote to OCBC's solicitors | |
| Husband's application granted | |
| Grounds of decision |
7. Legal Issues
- Variation of Consent Order
- Outcome: The court granted the variation, finding that the husband's probable bankruptcy constituted a radical change in circumstances that rendered the original order unworkable.
- Category: Substantive
- Sub-Issues:
- Unworkability of order
- Radical change in circumstances
8. Remedies Sought
- Variation of consent order
- Sale of matrimonial home
9. Cause of Actions
- Application to vary consent order
10. Practice Areas
- Divorce
- Family Litigation
- Bankruptcy
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AYM v AYL | Court of Appeal | Yes | [2013] 1 SLR 924 | Singapore | Leading authority on the operation of section 112(4) of the Women's Charter, governing the variation of an order for the division of matrimonial assets. |
| CT v CU | District Court | Yes | [2004] SGDC 164 | Singapore | Cited with approval by the Court of Appeal in AYM, regarding the variation of a consent order where the value of the matrimonial property had fallen. |
| TYA v TYB | N/A | Yes | [2018] 3 SLR 1170 | Singapore | Dealt with the variation of a consent order for the delayed sale of a matrimonial flat due to the husband's failure to contribute to mortgage payments. |
| Su Emmanuel v Emmanuel Priya Ethel Anne and another | Court of Appeal | No | [2016] 3 SLR 1222 | Singapore | Discusses the power of the Official Assignee to seek an order of sale of property upon bankruptcy. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112(4) of the Women’s Charter | Singapore |
| Bankruptcy Act (Cap 20, 2009 Rev Ed) | Singapore |
| s 62 of the Bankruptcy Act | Singapore |
| s 76(1)(a)(i) of the Bankruptcy Act | Singapore |
| s 111(a) read with s 112(b) of the Bankruptcy Act | Singapore |
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| s 18(2) read with the First Schedule of the Supreme Court of Judicature Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Consent order
- Matrimonial home
- Variation
- Bankruptcy
- Financial difficulties
- Exclusive occupation
- Forced sale
- Unworkability
15.2 Keywords
- divorce
- matrimonial assets
- consent order
- variation
- bankruptcy
- family law
16. Subjects
- Family Law
- Divorce
- Variation of Orders
- Bankruptcy
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets
- Bankruptcy Law