VWM v VWN: Division of Matrimonial Assets and Matrimonial Home Dispute
In the case of VWM v VWN, before the Family Division of the High Court of Singapore, the wife appealed the decision of the District Judge regarding the division of matrimonial assets and the matrimonial home. The court dismissed the wife's appeal, affirming the original orders regarding the division of assets and the surrender of the Built-to-Order (BTO) flat to the Housing and Development Board (HDB). The wife's claim was for a greater share of the matrimonial assets and to be allowed to purchase the matrimonial home in her sole name without refunding the husband's CPF account.
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
Divorce case concerning the division of matrimonial assets, including the matrimonial home. The court dismissed the wife's appeal, affirming the original orders.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Patrick Fernandez | Fernandez LLC |
4. Facts
- The parties married on 2 May 2015 and have two children.
- The husband left the matrimonial home in January 2019.
- The wife commenced divorce proceedings in March 2019, and the husband counterclaimed in August 2019.
- The District Judge ordered a 64.5:35.5 division of matrimonial assets in favor of the wife.
- The District Judge ordered the matrimonial home to be surrendered to the HDB.
- The wife appealed the District Judge's decision.
- The wife requested that she be attributed 75% as her indirect contribution towards the marriage.
- The wife requested that she be allowed to purchase the matrimonial home in her sole name without making any refund to the Husband’s CPF account.
5. Formal Citations
- VWM v VWN, District Court Appeal No 73 of 2021, [2023] SGHCF 2
6. Timeline
| Date | Event |
|---|---|
| Marriage of VWM and VWN | |
| Daughter born | |
| Son born | |
| Husband left and stopped living with Wife and children | |
| Wife commenced divorce proceedings | |
| Husband commenced counterclaim | |
| Parties came to an agreement on the divorce proceedings | |
| Interim judgment granted | |
| Parties filed their affidavits of means | |
| Ancillary matters dealt with by a district judge | |
| Appeal hearing | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court dismissed the wife's appeal and affirmed the orders made by the District Judge regarding the division of matrimonial assets.
- Category: Substantive
8. Remedies Sought
- Greater share of matrimonial assets
- Transfer of matrimonial home to wife's sole name
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Assets Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| USC v USD | Family Justice Court | Yes | [2020] SGFC 76 | Singapore | Cited for drawing an adverse inference against the Wife for unaccounted expenditures. |
| TYS v TYT | High Court | Yes | [2017] 5 SLR 244 | Singapore | Cited for drawing an adverse inference against the Wife for unaccounted expenditures. |
| ANJ v ANK | High Court | Yes | [2015] 4 SLR 1043 | Singapore | Cited for drawing an adverse inference against the Wife for unaccounted expenditures and for the principle that one component of contribution may assume greater importance than the other. |
| USA v USB | High Court (Family Division) | Yes | [2019] SGHCF 5 | Singapore | Cited as authority for the rule that the date of valuation of the matrimonial assets would ordinarily be the date of hearing of the ancillaries. |
| TND v TNC and another appeal | Court of Appeal | Yes | [2017] SGCA 34 | Singapore | Cited as authority for the rule that the date of valuation of the matrimonial assets would ordinarily be the date of hearing of the ancillaries. |
| AXW v AXX | High Court | Yes | [2012] 3 SLR 900 | Singapore | Cited regarding the consideration of the wife's contribution in carrying and giving birth to children. |
| Soon Peck Wah v Woon Che Chye | Court of Appeal | Yes | [1997] 3 SLR(R) 430 | Singapore | Cited regarding the acknowledgement of the dependence of young children on their mother for care and upbringing. |
| TUR v TUS | Family Court | Yes | [2016] SGFC 145 | Singapore | Cited regarding the indirect contribution of the Wife in a marriage that lasted less than three years with two young children. |
| VVU v VVV | Family Court | Yes | [2021] SGFC 100 | Singapore | Cited regarding the indirect contribution of the Wife in a one-child marriage that lasted less than three years. |
| USB v USA | High Court | Yes | [2020] 4 SLR 288 | Singapore | Cited to support the submission that there are instances where one component necessarily assumes greater importance than the other on the facts and correspondingly greater weight should be attached to that component as against the other |
| UAX v UAY | Family Court | Yes | [2017] SGFC 55 | Singapore | Cited regarding the adjustment of the final ratio upwards by 5% in the wife’s favour. |
| Tham Khai Meng v Nam Wen Jet Bernadette | High Court | Yes | [1997] 1 SLR(R) 336 | Singapore | Cited regarding the children will eventually require a permanent home of their own. |
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
- Matrimonial home
- Built-to-Order (BTO) flat
- Housing and Development Board (HDB)
- Central Provident Fund (CPF)
- Division of assets
- Indirect contribution
- Care and control
- Children's maintenance
15.2 Keywords
- divorce
- matrimonial assets
- family law
- singapore
- appeal
- division of assets
- matrimonial home
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets