VXM v VXN: Appeal on Interim Maintenance for Wife and Children in Divorce Proceedings

In the Family Justice Courts of Singapore, VXM (the Husband) appealed against the District Judge's decision to grant interim maintenance to VXN (the Wife) and their two children. The High Court, presided over by Debbie Ong J, partially allowed the appeal, finding that the Husband had not entirely refused maintenance since the Wife had access to $282,000. The court ordered the Husband to provide $9,500 for accommodation expenses, to be drawn from the $282,000.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal Partially Allowed

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding interim maintenance for wife and children. The court partially allowed the appeal, ordering the husband to provide $9,500 for accommodation expenses.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VXMAppellant, PlaintiffIndividualAppeal Partially AllowedPartial
VXNRespondent, DefendantIndividualPartial LossPartial

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Kee Lay LianRajah & Tann Singapore LLP
Shawn Teo Kai JieRajah & Tann Singapore LLP
Loo Ming Nee BerniceAllen & Gledhill LLP
Lim Wan Jen MelissaAllen & Gledhill LLP
Yam Hoe Soon LesterAllen & Gledhill LLP

4. Facts

  1. The Husband and Wife were married on 4 June 2011.
  2. The Wife left the matrimonial home with the children on 24 July 2020.
  3. The Wife withdrew $282,000 from the parties’ joint account.
  4. The Husband filed for divorce on 4 September 2020.
  5. The Wife sought $137,853 per month for interim maintenance.
  6. The Husband agreed to the Wife using the $282,000 for reasonable expenses but not rent.
  7. The Wife rented a four-bedroom condominium for $9,500 per month.

5. Formal Citations

  1. VXM v VXN, , [2021] SGHCF 37
  2. VXM v VXN, Registrar’s Appeal from the Family Justice Courts No 15 of 2021, Registrar’s Appeal from the Family Justice Courts No 15 of 2021
  3. VXM v VXN, Divorce Suit No 3863 of 2020, Divorce Suit No 3863 of 2020

6. Timeline

DateEvent
Parties married
Wife left the matrimonial home with the children
Wife's solicitors informed Husband of $282,000 withdrawal
Wife filed for interim maintenance
Husband filed for divorce
Wife filed for interim maintenance for herself
Interim Judgment of Divorce granted
District Judge heard interim maintenance applications
District Judge ordered interim maintenance payments
Husband filed Notice of Appeal
Judgment delivered

7. Legal Issues

  1. Interim Maintenance
    • Outcome: The court partially allowed the appeal, ordering the Husband to provide $9,500 for accommodation expenses, to be drawn from the $282,000 that the Wife has access to.
    • Category: Substantive
    • Related Cases:
      • [2003] SGDC 303
      • [2015] 4 SLR 227
      • [2020] 3 SLR 666
  2. Neglect or Refusal to Maintain
    • Outcome: The court found that the Husband had not entirely refused to provide maintenance, as the Wife had access to $282,000.
    • Category: Substantive
    • Related Cases:
      • [2003] SGDC 303
      • [2015] 4 SLR 227
  3. Reasonableness of Expenses
    • Outcome: The court determined that the Wife's rental expense of $9,500 per month was reasonable in the circumstances.
    • Category: Substantive
    • Related Cases:
      • [2017] 1 SLR 609
      • [2021] SGHCF 9

8. Remedies Sought

  1. Interim Maintenance for Wife
  2. Interim Maintenance for Children

9. Cause of Actions

  • Divorce
  • Application for Interim Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Prasenjit K Basu v Viniti Vaish (m.w.)Family CourtYes[2003] SGDC 303SingaporeCited regarding the requirement to show neglect or failure to provide reasonable maintenance for interim maintenance applications.
TCT v TCUHigh CourtYes[2015] 4 SLR 227SingaporeCited for the principle that the requirement of neglect or refusal to maintain applies to interim maintenance applications under s 113(1)(a) of the Women's Charter.
UHA v UHB and another appealHigh CourtYes[2020] 3 SLR 666SingaporeCited regarding the framework for assessing whether reasonable maintenance has been provided.
TNL v TNK and another appeal and another matterCourt of AppealYes[2017] 1 SLR 609SingaporeCited regarding the treatment of substantial sums expended by one spouse during divorce proceedings.
VRJ v VRKHigh CourtYes[2021] SGHCF 9SingaporeCited regarding the principle that a party cannot refuse to use available funds and then claim neglect to provide reasonable maintenance.
Lee Bee Kim Jennifer v Lim Yew Khang CecilHigh CourtYes[2005] SGHC 209SingaporeCited regarding the limited scope of investigation at the interim stage compared to the ancillary matters stage.
AMW v AMZHigh CourtYes[2011] 3 SLR 955SingaporeCited regarding the court's power to order maintenance to commence from a date it considers fair.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

  • Interim Maintenance
  • Matrimonial Assets
  • Reasonable Expenses
  • Neglect to Maintain
  • Accommodation Expenses
  • Therapeutic Justice

15.2 Keywords

  • divorce
  • family law
  • interim maintenance
  • children
  • wife
  • appeal
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Maintenance (Wife)90
Maintenance (Child)90
Divorce60
Matrimonial Assets50
Division of Assets50
Children's Maintenance50

16. Subjects

  • Family Law
  • Divorce
  • Maintenance