CXR v CXQ: Division of Matrimonial Assets, Child Custody, Care & Control
In the divorce case of *CXR v CXQ*, the Family Division of the High Court of Singapore heard ancillary matters concerning the division of matrimonial assets, child custody, care and control, and child maintenance. The court, presided over by Debbie Ong JAD, granted joint custody to both parents, shared care and control with a structured schedule, and ordered the division of matrimonial assets based on a 45:55 ratio favoring the Wife. The court also determined the amount of child maintenance to be shared equally between the parties.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Orders made for joint custody, shared care and control, division of matrimonial assets, and child maintenance.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case involving division of assets, child custody, care and control. The court ordered joint custody and shared care and control.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| CXR | Plaintiff | Individual | Orders made for joint custody, shared care and control, division of matrimonial assets, and child maintenance. | Partial | |
| CXQ | Defendant | Individual | Orders made for joint custody, shared care and control, division of matrimonial assets, and child maintenance. | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judge of the Appellate Division | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alain Abraham Johns | Alain A Johns Partnership |
4. Facts
- The Wife and Husband were married on 12 February 2011 and the Interim Judgment of Divorce was granted on 30 November 2020.
- The parties have one child, C, who was 11 years old at the time of the AM hearing and diagnosed with refractory frontal lobe epilepsy at age three.
- The Wife was a director and head of Marine Insurance at [Company A] earning about $48,635 per month (net income).
- The Husband was unemployed at the time of the AM hearing but drew a gross rental income of $2,938 per month.
- The parties disagreed on the appropriate therapy and education arrangements for C.
- The parties purchased the Matrimonial Home in July 2016 and lived there with C until the Husband moved out in January 2023.
- The Wife took up several insurance policies shortly before the divorce proceedings commenced.
5. Formal Citations
- CXR v CXQ, Divorce (Transferred) No 806 of 2020, [2023] SGHCF 10
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Child underwent frontal lobe lesionectomy in the United Kingdom | |
| Writ for divorce filed | |
| Interim Judgment of Divorce granted | |
| Ancillary Matters hearing began | |
| Ancillary Matters hearing continued | |
| Parties directed to file further documents | |
| Deadline for filing further documents | |
| Parties directed to file further written submissions on issues relating to the child | |
| Husband applied for a Personal Protection Order and a Domestic Exclusion Order | |
| Child's neuropsychological report by Mr R of KKH dated | |
| Deadline for filing further written submissions on issues relating to the child | |
| Husband filed SUM 269 for sole custody of the child | |
| Wife filed SUM 270 for interim sole custody, care and control of the child | |
| Hearing fixed to address new applications filed after the AM hearing | |
| Hearing date | |
| Hearing date | |
| Husband moved out of the Matrimonial Home | |
| Judgment date | |
| Wife engaged Mr [N] to carry out a valuation of the Matrimonial Home | |
| Husband appointed a licensed appraiser to inspect the property | |
| Husband received a valuation report from Knight Frank |
7. Legal Issues
- Custody of Child
- Outcome: The court ordered joint custody to both parents.
- Category: Substantive
- Care and Control of Child
- Outcome: The court ordered shared care and control with a structured schedule.
- Category: Substantive
- Division of Matrimonial Assets
- Outcome: The court ordered the division of matrimonial assets based on a 45:55 ratio favoring the Wife.
- Category: Substantive
- Child Maintenance
- Outcome: The court determined the amount of child maintenance to be shared equally between the parties.
- Category: Substantive
8. Remedies Sought
- Custody of child
- Care and control of child
- Division of matrimonial assets
- Maintenance for wife
- Maintenance for child
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Litigation
- Divorce
- Child Custody
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| CX v CY | High Court | Yes | [2005] 3 SLR 690 | Singapore | Cited for the principle that acrimony between parents is insufficient to justify a sole custody order unless accompanied by exceptional circumstances relevant to the issue. |
| USB v USA and another appeal | Court of Appeal | Yes | [2020] 2 SLR 588 | Singapore | Cited for the principle that only the proportion of the value of an asset acquired during the marriage should go into the pool and for the definition of 'use' of an asset. |
| TNC v TND | High Court | Yes | [2016] 3 SLR 1172 | Singapore | Cited to support the argument that residence in a property for 15 months was sufficient to constitute ordinary use of shelter for the purpose of a matrimonial asset. |
| Ryan Neil John v Berger Rosaline | High Court | Yes | [2000] 3 SLR(R) 647 | Singapore | Cited as an example of a casual residence, where staying in a property for no more than 21 days out of 14 years of marriage does not constitute ordinary use of shelter. |
| WAS v WAT | High Court (Family Division) | Yes | [2022] SGHCF 7 | Singapore | Cited for the principle that liabilities should be taken into account as s 112 of the Women’s Charter concerns a division of the parties’ net matrimonial assets. |
| Chan Teck Hock David v Leong Mei Chuan | High Court | Yes | [2002] 1 SLR(R) 76 | Singapore | Cited for the principle that unvested stock options can be considered, and an 'if as and when' order can be granted to account for the possibility that the options might not be exercised or might not vest. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for setting out a structured approach for the division of matrimonial assets in dual-income marriages. |
| UYQ v UYP | Court of Appeal | Yes | [2020] 1 SLR 551 | Singapore | Cited for the principle that it is an impossible exercise to attempt to take into account every detailed record of transactions or acts during the marriage and that a mechanistic, overly-arithmetical application of the structured approach in ANJ v ANK must be assiduously avoided. |
| UZN v UZM | Court of Appeal | Yes | [2021] 1 SLR 426 | Singapore | Cited for the principle that sums expended or given away especially nearer to the time when divorce is imminent may be viewed as wrongful dissipation carried out with the intention of depleting the matrimonial pool. |
| TNL v TNK and another appeal | High Court | Yes | [2017] 1 SLR 609 | Singapore | Cited for the principle that what constitutes a substantial sum is a question of fact, but it is not intended to include daily, run-of-the-mill expenses. |
| UYQ v UYP | High Court | Yes | [2020] 3 SLR 683 | Singapore | Cited to remind both parties to approach these divorce proceedings as a re-organisation of the family’s living and financial arrangements instead of a forum to litigate over various matters. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2020 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Joint custody
- Care and control
- Interim Judgment of Divorce
- Ancillary matters
- Direct contribution
- Indirect contribution
- Time rule
- Stock options
- Personal Protection Order
- Domestic Exclusion Order
15.2 Keywords
- Divorce
- Child Custody
- Matrimonial Assets
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Child Support | 90 |
| Child Custody | 90 |
| Matrimonial Assets | 90 |
| Division of Assets | 90 |
| Maintenance | 85 |
| Children's Welfare | 80 |
| Care and Control | 80 |
| Access to Children | 75 |
| Civil Procedure | 30 |
| Evidence | 20 |
16. Subjects
- Family Law
- Divorce
- Child Custody
- Asset Division