USD v USC: Appeal on Division of Matrimonial Assets, Spousal and Child Maintenance, Care and Control and Access to Children

In USD v USC, the appellant husband appealed against the ancillary orders made by the District Judge Azmin Jailani concerning the division of matrimonial assets, spousal and child maintenance, and the care and control of and access to the children of the marriage. The General Division of the High Court (Family Division) dismissed the appeal, finding no sufficient basis to disturb the District Judge's decision. The court also dismissed the husband's application to adduce additional evidence.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning division of matrimonial assets, spousal/child maintenance, and child custody. The court dismissed the appeal, upholding the District Judge's orders.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
USDAppellantIndividualAppeal DismissedLost
USCRespondentIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Liew Tuck Yin DavidDavid Liew Law Practice
Lee Swee Loong, JohnstonLi Ruilong
Lie Chin-ChinCharacterist LLC

4. Facts

  1. The husband appealed against the District Judge's ancillary orders.
  2. The ancillary orders concerned the division of matrimonial assets, spousal and child maintenance, and care and control of and access to the children.
  3. The husband sought to adduce additional evidence on appeal.
  4. The wife objected to both the appeal and the application to adduce additional evidence.
  5. The District Judge had identified and assessed the matrimonial assets correctly.
  6. The parties had agreed to be bound by the previous “Appeal Orders” in respect of care and control and access.
  7. The wife prayed for a just and equitable division of the matrimonial assets.

5. Formal Citations

  1. USD v USC, District Court Appeal No 13 of 2020, [2021] SGHCF 4

6. Timeline

DateEvent
District Court Appeal No 13 of 2020 filed
Summons No 347 of 2020 filed
Hearing date
Appeal and Summons dismissed
Reasons given for dismissal of appeal and summons

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court upheld the District Judge's decision regarding the division of matrimonial assets.
    • Category: Substantive
  2. Spousal and Child Maintenance
    • Outcome: The court upheld the District Judge's decision regarding spousal and child maintenance.
    • Category: Substantive
  3. Care and Control of and Access to Children
    • Outcome: The court upheld the District Judge's decision regarding care and control of and access to the children.
    • Category: Substantive
  4. Pleadings
    • Outcome: The court found that there was no departure from the pleaded Statement of Claim.
    • Category: Procedural
  5. Adducing Additional Evidence on Appeal
    • Outcome: The court dismissed the husband's application to adduce additional evidence on appeal.
    • Category: Procedural

8. Remedies Sought

  1. Appeal against ancillary orders
  2. Division of matrimonial assets
  3. Spousal maintenance
  4. Child maintenance
  5. Care and control of children
  6. Access to children

9. Cause of Actions

  • Division of Matrimonial Assets
  • Spousal Maintenance
  • Child Maintenance
  • Determination of Care and Control
  • Determination of Access Rights

10. Practice Areas

  • Divorce
  • Ancillary Matters

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
USC v USDSingapore Family CourtYes[2020] SGFC 76SingaporeThe background facts of the case were set out in the District Judge’s Grounds of Decision in this case.

13. Applicable Rules

Rule Name
Family Justice Rules 2014 (S 813/2014)
Rule 401(1) FJR
Rule 420(1) FJR
Rule 422(1) FJR

14. Applicable Statutes

Statute NameJurisdiction
Section 112 of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Ancillary orders
  • Matrimonial assets
  • Spousal maintenance
  • Child maintenance
  • Care and control
  • Access to children
  • Pleadings
  • Statement of Claim

15.2 Keywords

  • family law
  • divorce
  • matrimonial assets
  • child custody
  • spousal maintenance
  • ancillary orders
  • pleadings

17. Areas of Law

Area NameRelevance Score
Family Law100
Matrimonial Assets70
Maintenance60
Child Custody50
Civil Practice40
Contract Law20

16. Subjects

  • Family Law
  • Divorce Law
  • Civil Procedure