WJW v WJX: Appeal on Division of Matrimonial Assets After Divorce

In the Family Justice Courts of Singapore, the appellant, WJW (the Wife), appealed against the decision of the District Judge regarding the division of the matrimonial home following a divorce from the respondent, WJX (the Husband). The High Court, presided over by Choo Han Teck J, dismissed the Wife's appeal but amended the original order, compelling the Wife to buy out the Husband's share of the property based on a current valuation, considering the lapsed deadlines and the need for the Wife to have a place to stay with their two children.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal dismissed; original order amended to compel the wife to buy out the husband's share of the matrimonial home at current valuation.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the division of matrimonial assets after divorce. The court amended the original order, compelling the wife to buy out the husband's share.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WJWAppellantIndividualAppeal dismissed in partPartial
WJXRespondentIndividualOrder amendedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Kanthosamy RajendranRLC Law Corporation
Jeyabal AthavanRLC Law Corporation

4. Facts

  1. The parties married on 27 August 2010 and have two daughters.
  2. Interim judgment of divorce was granted on 10 May 2021, and was made final on 22 June 2022.
  3. The Husband sustained a spinal cord injury in 2017 and has been unemployed since.
  4. The District Judge granted the Wife two options regarding the matrimonial home.
  5. The Wife opted to buy out the Husband’s share for $188,318.72 within two months.
  6. The HDB requires an order of court granting care and control of the Children to the Wife.
  7. The Wife filed a summons to vary the order to include care and control of the children.
  8. The Husband refused to agree to the transfer, demanding the flat be transferred to him at the prevailing market price.

5. Formal Citations

  1. WJW v WJX, District Court Appeal No 8 of 2023, [2023] SGHCF 21

6. Timeline

DateEvent
Parties married
Husband sustained a spinal cord injury
Interim judgment of divorce granted
Orders for the ancillary matters were made by District Judge Jason Gabriel Chiang
Divorce made final
HDB informed the Wife that approval would not be granted until the order was amended
Wife filed a summons by consent of the Husband to vary FC/ORC 2844/2022
An order in terms was granted for the summons
Wife attempted to effect the transfer of the matrimonial home again
Deadline for the second option passed
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court amended the original order, compelling the wife to buy out the husband's share of the matrimonial home at current valuation.
    • Category: Substantive
    • Related Cases:
      • [2013] 1 SLR 924

8. Remedies Sought

  1. Variation of Order
  2. Extension of Deadline

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Divorce
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
AYM v AYLHigh CourtNo[2013] 1 SLR 924SingaporeCited to support the dismissal of the Wife’s application to vary the DJ’s order because the order remained a workable one that did not require variation.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter 1961 (2020 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Division of Assets
  • Housing Development Board
  • Spinal Cord Injury
  • Valuation
  • Care and Control

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Property Division
  • Family Law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Division of Matrimonial Property95
Matrimonial Assets95
Family Law90
Children's Welfare60
Property Law40
Variation of Orders30
Jurisdiction20

16. Subjects

  • Family Law
  • Divorce
  • Property Division