UUV v UUU: Division of Matrimonial Assets, Child Maintenance, and Spousal Maintenance in Divorce
In the Family Justice Courts of Singapore, the appeal of UUV (Husband) against the decision of the District Judge in the Ancillary Matters hearing of his divorce from UUU (Wife) was partially allowed. The appeal concerned care and control of the children, maintenance of the children, maintenance of the wife, and the division of the matrimonial home. The court varied the access order for the Husband, reduced the amount of child maintenance, rescinded spousal maintenance, and adjusted the division ratio of the flat.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning division of matrimonial assets, child maintenance, and spousal maintenance. The court varied access and maintenance orders.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Puay Boon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alyssa G Mundo | Yeo & Associates LLC |
| Steffi Huang Yujia | Kalco Law LLC |
4. Facts
- Parties married on 23 October 2010 and have two children.
- Wife filed for divorce on 20 July 2017.
- Interim Judgment was granted on 9 January 2018.
- Husband appealed against the Ancillary Matters Order.
- Care and control of the Children was granted to the Wife.
- Husband was to pay $800.00 per month for maintenance of the Children.
- Flat was to be divided in a 55:45 ratio between the Wife and the Husband.
5. Formal Citations
- UUV v UUU, High Court — District Court Appeal from the Family Courts No 150 of 2018, [2020] SGHCF 7
6. Timeline
| Date | Event |
|---|---|
| Parties married in Singapore | |
| First child born | |
| Parties moved to a rented flat in Ang Mo Kio | |
| Second child born | |
| Flat in Yishun purchased in parties’ joint names | |
| Parties moved into the Flat | |
| Wife moved out of the Flat with the Children | |
| Wife filed the Writ of Divorce | |
| Wife returned to the Flat with the Children | |
| Interim Judgment granted | |
| Ancillary Matters hearing took place | |
| Ancillary Matters hearing took place | |
| Ancillary Matters Order made | |
| Appeal hearing | |
| Appeal hearing | |
| Appeal hearing | |
| Judgment reserved |
7. Legal Issues
- Care and Control of Children
- Outcome: Care and control granted to the Wife.
- Category: Substantive
- Access to Children
- Outcome: Husband's weekday access reduced to Mondays and Fridays.
- Category: Substantive
- Maintenance of Children
- Outcome: Husband ordered to pay $1,000.00 monthly for maintenance of the Children.
- Category: Substantive
- Maintenance of Wife
- Outcome: Nominal maintenance order rescinded.
- Category: Substantive
- Division of Matrimonial Home
- Outcome: Flat to be divided in the ratio of 52.5:47.5 between the Wife and the Husband.
- Category: Substantive
- Valuation of Matrimonial Home
- Outcome: Gross value of Flat should be based on the market value of similar HDB properties in the vicinity, and not the Flat’s surrender value.
- Category: Substantive
8. Remedies Sought
- Care and control of children
- Maintenance of children
- Maintenance of wife
- Division of matrimonial assets
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UUU v UUV | Family Court | Yes | [2019] SGFC 37 | Singapore | Cited for background facts of the case. |
| CX v CY (minor: custody and access) | High Court | Yes | [2005] 3 SLR(R) 690 | Singapore | Cited for the definition of care and control. |
| TAU v TAT | High Court | Yes | [2018] 5 SLR 1089 | Singapore | Cited for the definition of care and control and access. |
| AUA v ATZ | Court of Appeal | Yes | [2016] SGCA 41 | Singapore | Cited for the principle of common but differentiated responsibility in assessment of maintenance. |
| TBC v TBD | High Court | Yes | [2015] 4 SLR 59 | Singapore | Cited for the principle that the starting point of equal financial contribution is not an inflexible rule. |
| TIT v TIU | High Court | Yes | [2016] SGHCF 8 | Singapore | Cited for the principle that maintenance of children should be apportioned in accordance with the financial capabilities of the parents. |
| TDT v TDS and another appeal and another matter | Court of Appeal | Yes | [2016] 4 SLR 145 | Singapore | Cited for the principles concerning the grant of nominal maintenance. |
| TBV v TBW | Family Court | Yes | [2015] SGFC 44 | Singapore | Cited to support the position of granting nominal maintenance to the wife, but the reasoning was overruled. |
| ATT v ATS | Court of Appeal | Yes | [2012] 2 SLR 859 | Singapore | Cited for the principle that a change in value of an asset between the AM order and the final appeal will not, without more, be sufficient. |
| AGD v AGF | District Court | Yes | [2011] SGDC 293 | Singapore | Cited for the principle that the surrender value was preferred over the market value as the latter was a speculation. |
| TIC v TID | Court of Appeal | Yes | [2019] 1 SLR 180 | Singapore | Cited for the principle that when a spouse has been given the option of buying the other spouse’s share in a matrimonial property, the eventual owner of the property should be responsible for the mortgage payments made between the date of the AM Order and the date of completion. |
13. Applicable Rules
| Rule Name |
|---|
| Family Justice Rules 2014 (S 813/2014) |
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
- Care and Control
- Access
- Maintenance
- Matrimonial Home
- Division Ratio
- Minimum Occupancy Period
- Surrender Value
- Market Value
15.2 Keywords
- divorce
- family law
- matrimonial assets
- child maintenance
- spousal maintenance
- ancillary matters
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Divorce | 90 |
| Matrimonial Assets | 85 |
| Division of Matrimonial Property | 80 |
| Maintenance | 75 |
| Care and Control | 70 |
| Access to Children | 65 |
| Matrimonial Home | 60 |
| Children's Welfare | 55 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Custody
- Spousal Support