VBS v VBR: Appeal on Custody, Access, Matrimonial Assets Division, and Maintenance
In the Family Justice Courts of Singapore, the wife, VBS, appealed against the District Judge's orders regarding the ancillary matters of her divorce from the husband, VBR. The appeal concerned the custody and access arrangements for their two children, the division of matrimonial assets, and the maintenance to be paid to the wife and children. Choo Han Teck J dismissed the wife's appeal, upholding the orders of joint custody with sole care and control to the wife, specific monthly maintenance payments for each child, and a lump sum maintenance payment to the wife. The court varied the order regarding the transfer of funds from the husband's CPF accounts to the wife's CPF account.
1. Case Overview
1.1 Court
High Court (Family Division)1.2 Outcome
Appeal dismissed with a variation to the method of transferring funds from the husband's Central Provident Fund (CPF) accounts to the wife's CPF account.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce appeal concerning child custody, access, division of matrimonial assets, and maintenance. The court dismissed the wife's appeal, upholding the original orders with a variation to the CPF transfer method.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- The wife and husband divorced after 11 years of marriage.
- The wife was granted sole care and control of their two children, with liberal access to the husband.
- The wife was to receive 46% of the total matrimonial pool of approximately $425,000.
- The husband was ordered to pay monthly maintenance to the daughter and the son in the sum of $470 and $500 respectively.
- The wife appealed against all of the District Judge’s orders.
- The wife accused the husband of being a violent and dangerous man with unpredictable mood swings due to alcoholism.
- The wife alleged the husband neglected the children’s medical needs and failed to make payments for their medical expenses.
- The wife did not provide evidence of the husband’s alcoholism or medical neglect.
- The wife had applied for Personal Protection Orders for the benefit of the children, but her applications were dismissed.
- The wife failed to make full and frank disclosure of her yoga business and interest in two Indian housing society properties.
- The husband sought to vary Clause 7 of the AM Order to allow for the transfer of the Ordered Amount to be made from more than one of his CPF accounts.
5. Formal Citations
- VBS v VBR, District Court Appeal No 104 of 2019, [2020] SGHCF 10
6. Timeline
| Date | Event |
|---|---|
| Hearing date | |
| Hearing date | |
| Hearing date | |
| District Court Appeal No 104 of 2019 filed | |
| Judgment date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court upheld the District Judge's division of matrimonial assets, finding that the adverse inference against the wife was justified and that the contributions were correctly assessed.
- Category: Substantive
- Sub-Issues:
- Adverse inference for failure to make full and frank disclosure
- Valuation of matrimonial assets
- Contributions to matrimonial assets
- Related Cases:
- [2018] SGCA 78
- [2015] 4 SLR 1043
- Child Custody and Access
- Outcome: The court upheld the District Judge's orders for joint custody with sole care and control to the wife and liberal access to the husband, finding no reason to curtail the husband's access.
- Category: Substantive
- Sub-Issues:
- Best interests of the child
- Allegations of violence and neglect
- Impact of Circuit Breaker restrictions on access
- Maintenance
- Outcome: The court upheld the District Judge's decision to award the wife maintenance in a lump sum of $7,200 and specific monthly maintenance payments for each child.
- Category: Substantive
- Sub-Issues:
- Earning capacity of the wife
- Standard of living
- Financial needs of the children
8. Remedies Sought
- Revocation of husband's weekday access
- Uplift in the percentage of her indirect contributions
- Monthly maintenance of not less than $2,500 for the next five years
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law Litigation
11. Industries
- Legal Services
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BOR v BOS and another appeal | Singapore Court of Appeal | Yes | [2018] SGCA 78 | Singapore | Cited for the principle that an adverse inference should not be drawn unless there is a substratum of evidence establishing a prima facie case and the party has access to the information they are said to be hiding. |
| ANJ v ANK | Singapore High Court | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach in ascertaining the extent of financial contributions each party made towards the matrimonial assets. |
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
- Ancillary matters
- Sole care and control
- Liberal access
- Matrimonial pool
- Lump sum maintenance
- Joint custody
- Circuit Breaker restrictions
- Adverse inference
- Full and frank disclosure
- Direct contributions
- Indirect contributions
- CPF accounts
15.2 Keywords
- divorce
- family law
- custody
- access
- matrimonial assets
- maintenance
- Singapore
- appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 100 |
| Child Custody | 90 |
| Maintenance | 90 |
| Matrimonial Assets | 90 |
| Division of Matrimonial Property | 90 |
| Access to Children | 90 |
| Matrimonial Assets Division | 80 |
| Divorce | 70 |
| CPF Nomination | 40 |
16. Subjects
- Family Law
- Divorce
- Child Custody
- Matrimonial Assets
- Maintenance