WGG v WGH: Custody, Matrimonial Assets Division, Wife & Child Maintenance

In the divorce case of *WGG v WGH*, the Family Division of the High Court of Singapore, presided over by Choo Han Teck J, addressed issues of custody, division of matrimonial assets, and maintenance. The wife sought sole custody of their 20-year-old child, while the husband sought joint custody. The court granted the wife sole custody, with reasonable access to the child for the husband. The court determined the pool of matrimonial assets, including the husband's divested shares in [AA] Pte Ltd and [SS] Pte Ltd, and established a division ratio of 60:40 in favor of the husband, ordering the transfer of the matrimonial home to the wife and a cash payment from the husband to balance the division. The court denied maintenance for the wife, citing her earning capacity, and deemed the existing maintenance order for the child adequate.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Judgment for Plaintiff in part.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning custody of a 20-year-old child, division of matrimonial assets, and maintenance for the wife and child. The wife was granted sole custody.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WGGPlaintiffIndividualSole custody of child grantedWon
WGHDefendantIndividualJoint custody of child deniedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Charlene Nah Xiang LingPKWA Law Practice LLC
Kelvin Lee Ming HuiWNLEX LLC

4. Facts

  1. The parties were married on 3 August 1998 and separated in December 2018.
  2. The Wife filed for divorce on 20 April 2018, discontinued, and filed a fresh suit on 30 July 2019.
  3. The Husband divested his 96% shareholding in [AA] Pte Ltd on 15 April 2018.
  4. The Husband transferred his 50% shareholding in [SS] Pte Ltd on 13 May 2018.
  5. The Husband withdrew monies from his Citibank Account on 30 April 2018.
  6. The Husband assigned away the GE Maxgrowth Policy on 30 September 2021.
  7. The Wife took out loans from her insurance policies after the date of interim judgment.

5. Formal Citations

  1. WGG v WGH, Divorce (Transferred) No 3657 of 2019, [2022] SGHCF 25

6. Timeline

DateEvent
Parties married
Wife filed for divorce in FC/D 1818/2018
Parties separated
Wife filed a fresh suit on an uncontested basis
Interim judgment granted
Wife became unemployed
Judgment reserved
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Custody of Child
    • Outcome: The court granted sole custody of the child to the Wife, with reasonable access to the child for the Husband.
    • Category: Substantive
  2. Division of Matrimonial Assets
    • Outcome: The court determined the pool of matrimonial assets and established a division ratio of 60:40 between the Husband and Wife.
    • Category: Substantive
    • Related Cases:
      • [2016] 2 SLR 686
      • [2017] 1 SLR 609
  3. Wife's Maintenance
    • Outcome: The court denied the Wife's application for maintenance.
    • Category: Substantive
  4. Child's Maintenance
    • Outcome: The court deemed the existing maintenance order for the child adequate.
    • Category: Substantive
  5. Dissipation of Assets
    • Outcome: The court included assets divested by the Husband in the pool of matrimonial assets due to his attempt to exclude them from division.
    • Category: Substantive
    • Related Cases:
      • [2017] 1 SLR 609
  6. Adverse Inference
    • Outcome: The court drew an adverse inference against the Husband for failing to disclose an OCBC bank account and added the sum of $508,026.30 into the pool for division.
    • Category: Procedural
    • Related Cases:
      • [2015] 2 SLR 195

8. Remedies Sought

  1. Divorce
  2. Custody of Child
  3. Division of Matrimonial Assets
  4. Maintenance for Wife
  5. Maintenance for Child

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Custody Disputes
  • Division of Assets
  • Maintenance Claims

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
CX v CYN/AYes[2005] 3 SLR(R) 690SingaporeCited regarding the general principle that joint or no custody orders should be made, and sole custody orders are an exception to the rule.
ARY v ARX and another appealCourt of AppealYes[2016] 2 SLR 686SingaporeCited for the principle that the operative date to determine the pool of matrimonial assets should be the date of interim judgment unless the particular circumstances or justice of the case warrant it.
TNL v TNK and another appeal and another matterCourt of AppealYes[2017] 1 SLR 609SingaporeCited for the principle of adding the values of certain assets back into the pool on the basis that a party has expended substantial sums when divorce proceedings were imminent.
Chan Tin Sun v Fong Quay SimN/AYes[2015] 2 SLR 195SingaporeCited for the requirements for a court to draw an adverse inference.
ANJ v ANKN/AYes[2015] 4 SLR 1043SingaporeCited for the principles applicable to dual-income families in the division of matrimonial assets.

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

  • Matrimonial Assets
  • Interim Judgment
  • Sole Custody
  • Joint Custody
  • Dissipation of Assets
  • Adverse Inference
  • Direct Contributions
  • Indirect Contributions

15.2 Keywords

  • divorce
  • custody
  • matrimonial assets
  • maintenance
  • family law
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law90
Matrimonial Assets85
Maintenance80
Child Custody75
Division of Assets70
Children's Welfare65

16. Subjects

  • Family Law
  • Divorce
  • Custody
  • Matrimonial Assets
  • Maintenance