VOD v VOC: Division of Matrimonial Assets and Child Maintenance Dispute
In VOD v VOC, the Appellate Division of the High Court of Singapore heard appeals from both the husband (VOD) and wife (VOC) regarding a lower court's decision on the division of matrimonial assets and child maintenance. The court adjusted the division of assets, excluding certain items initially included and including others that were initially excluded. The court also adjusted the maintenance order for the son of the marriage. The appeals were partially allowed, and each party was ordered to bear their own costs.
1. Case Overview
1.1 Court
Appellate Division of the High Court of the Republic of Singapore1.2 Outcome
The Judge’s decision on the division of matrimonial assets and on maintenance is varied to the extent stated above and the respective appeals of the parties are allowed to that extent. The remaining aspects of their appeals are dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeals regarding the division of matrimonial assets and child maintenance. The court adjusted the asset division and maintenance orders.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| VOD | Appellant, Defendant | Individual | Appeal allowed in part | Partial | Teh Guek Ngor Engelin SC, Linda Joelle Ong, Lee Leann |
| VOC | Respondent, Plaintiff, Appellant | Individual | Appeal allowed in part | Partial | Marcus Ho Shing Kwan, Foo Siew Fong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge of the Appellate Division | No |
| Woo Bih Li | Judge of the Appellate Division | Yes |
| Quentin Loh | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Teh Guek Ngor Engelin SC | Engelin Teh Practice LLC |
| Linda Joelle Ong | Engelin Teh Practice LLC |
| Lee Leann | Engelin Teh Practice LLC |
| Marcus Ho Shing Kwan | Harry Elias Partnership LLP |
| Foo Siew Fong | Harry Elias Partnership LLP |
4. Facts
- The parties were married on 3 January 2015 and have one son born in November 2015.
- The wife filed for divorce on 25 July 2018.
- The husband received a S$1 million gift from his father at the wedding tea ceremony.
- The parties resided in a property owned by the husband's father, mother, and brother.
- The wife claimed maintenance for the son, alleging monthly expenses of S$8,253.31.
- The husband had 2,000 shares in Company Y, transferred to him by his father for S$1.
- The wife owned a BMW car bought before the marriage, paid for by the husband's father.
5. Formal Citations
- VOD v VOC, Civil Appeal No 27 of 2021, [2022] SGHC(A) 6
- VOC v VOD, Civil Appeal No 28 of 2021, [2022] SGHC(A) 6
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Son born | |
| Wife and son moved out of property | |
| Wife filed Writ of Divorce | |
| Interim Judgment granted | |
| First hearing date of the ancillaries | |
| Judgment issued | |
| Judgment reserved | |
| Judgment |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court varied the division of matrimonial assets, excluding certain assets initially included and including others that were initially excluded.
- Category: Substantive
- Sub-Issues:
- Inclusion of assets acquired before marriage
- Treatment of gifts as matrimonial assets
- Valuation of assets
- Direct and indirect contributions to assets
- Child Maintenance
- Outcome: The court adjusted the maintenance order, reducing the monthly amount and ordering retrospective payment from December 2017.
- Category: Substantive
- Sub-Issues:
- Assessment of child's reasonable expenses
- Apportionment of expenses between parents
- Retrospective application of maintenance orders
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for the Son
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
- Child Support
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TXW v TXX | High Court | Yes | [2017] 4 SLR 799 | Singapore | Cited for the principle that each case ought to be determined on its own facts when considering whether properties can be deemed matrimonial assets. |
| TQU v TQT | Court of Appeal | Yes | [2020] SGCA 8 | Singapore | Cited for the principle that a property is used more as a home for the husband's family rather than a matrimonial home. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach to dividing matrimonial assets, considering direct and indirect contributions. |
| AJE v AJF | High Court | Yes | [2011] 3 SLR 1177 | Singapore | Cited regarding the wife's ability to cope as a reason for declining to order maintenance retrospectively. |
| TFF v TFG | District Court | Yes | [2014] SGDC 332 | Singapore | Cited regarding the proposition that where parents have about equal time with a child, each should bear the child's expenses without contribution from the other. |
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
- Matrimonial assets
- Child maintenance
- Direct contributions
- Indirect contributions
- Matrimonial home
- Gift
- Loan
- Retrospective maintenance
- Global assessment method
- Classification method
15.2 Keywords
- Divorce
- Matrimonial Assets
- Child Maintenance
- Singapore
- Family Law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Maintenance
17. Areas of Law
- Family Law
- Matrimonial Assets
- Division of Matrimonial Assets
- Maintenance
- Child Maintenance