VQB v VQC: Divorce Based on Separation, Setting Aside Judgments

In VQB v VQC, before the General Division of the High Court (Family Division), the appellant appealed against the dismissal of her application to set aside the writ of divorce, Interim Judgment, and Final Judgment. The respondent filed for divorce on the ground of having lived separate and apart from the appellant for a continuous period of at least three years. The court dismissed the appeal, holding that a Final Judgment cannot be set aside except in cases of fraud.

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

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce appeal based on separation. The court dismissed the appeal, holding that a Final Judgment cannot be set aside except in cases of fraud.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VQBAppellantIndividualAppeal dismissedLost
VQCRespondentIndividualAppeal dismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tay Jing EnMallal & Namazie
Bala Chandran s/o A. KandiahMallal & Namazie
Tan Siew KimSterling Law Corporation
Charmain KweeSterling Law Corporation

4. Facts

  1. The appellant and respondent were married on 9 October 2011.
  2. The respondent filed for divorce on 20 September 2019 based on separation.
  3. The appellant initially consented to the Interim Judgment.
  4. The Final Judgment was made on 15 July 2020.
  5. The appellant applied to set aside the judgments on 1 September 2020, claiming duress and that they had not lived apart.
  6. The appellant was having an affair during the marriage.
  7. The District Judge dismissed the appellant's application.

5. Formal Citations

  1. VQB v VQC, Registrar’s Appeal No 31 of 2020, [2021] SGHCF 5

6. Timeline

DateEvent
Marriage solemnised
Divorce proceedings commenced
Draft Consent Order signed
Interim Judgment granted
Final Judgment made
Application to set aside writ of divorce filed
Application heard and dismissed
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Grounds for divorce
    • Outcome: The court found that the parties had lived apart for at least three years.
    • Category: Substantive
    • Sub-Issues:
      • Living apart
  2. Setting aside Final Judgment
    • Outcome: The court held that a Final Judgment cannot be set aside except in cases of fraud.
    • Category: Procedural
    • Related Cases:
      • [2011] 4 SLR 1169

8. Remedies Sought

  1. Setting aside writ of divorce
  2. Setting aside Interim Judgment
  3. Setting aside Final Judgment

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
AOO v AONCourt of AppealYes[2011] 4 SLR 1169SingaporeCited by the appellant's counsel, but the court found that it does not assist the appellant because setting aside the Final Judgment was not the issue before the court there.

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

  • Divorce
  • Interim Judgment
  • Final Judgment
  • Duress
  • Living apart
  • Consent order

15.2 Keywords

  • Divorce
  • Family Law
  • Singapore
  • High Court
  • Appeal
  • Separation
  • Interim Judgment
  • Final Judgment

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Matrimonial Assets60
Child Custody50
Maintenance40

16. Subjects

  • Family Law
  • Divorce
  • Civil Procedure