WLL v WLM: Division of Matrimonial Assets and Costs in Divorce Proceedings
In a family law case before the General Division of the High Court (Family Division) in Singapore, Justice Choo Han Teck addressed the issue of costs following a divorce between WLL (the Husband) and WLM (the Wife). The court had previously ruled on the division of matrimonial assets, ordering the Husband to pay the Wife $1,467,516.56. The Husband sought costs based on an offer to settle (OTS) that the Wife did not accept. The court found that the Husband's OTS was genuine and that the judgment was more favorable to him than the OTS. Ultimately, the court ordered the Wife to pay the Husband $25,000 in costs, inclusive of disbursements.
1. Case Overview
1.1 Court
General Division of the High Court (Family Division)1.2 Outcome
Costs of the action fixed at $25,000, inclusive of disbursements, to be paid by the Wife to the Husband.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court addresses division of matrimonial assets and costs following a divorce, considering an offer to settle and conduct of parties.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
4. Facts
- The Husband and Wife obtained an interim judgment of divorce on 16 February 2022.
- The Husband made an offer to settle (OTS) dated 29 August 2022, offering to pay the Wife $1,840,000.00.
- The Wife did not accept the OTS.
- The court ordered the Husband to pay the Wife $1,467,516.56 for the division of matrimonial assets.
- The Husband sought costs on an indemnity basis from the date of the OTS.
- The Wife argued that the OTS was less favorable due to timelines for moving out of the matrimonial home.
- The court found the judgment obtained by the Husband was not less favorable than the OTS.
5. Formal Citations
- WLL v WLM, Divorce Transferred No 4401 of 2021, [2023] SGHCF 30
6. Timeline
| Date | Event |
|---|---|
| Work done from this date | |
| Divorce Transferred No 4401 of 2021 | |
| Interim judgment of divorce obtained | |
| Husband made an offer to settle | |
| Judgment on ancillary matters handed down | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court had previously ruled on the division of matrimonial assets, ordering the Husband to pay the Wife $1,467,516.56.
- Category: Substantive
- Related Cases:
- [2023] SGHCF 19
- Costs in Family Proceedings
- Outcome: The court ordered the Wife to pay the Husband $25,000 in costs, inclusive of disbursements.
- Category: Procedural
- Related Cases:
- [2015] 5 SLR 0153
- [2018] 2 SLR 1070
- Offer to Settle
- Outcome: The court found that the Husband's OTS was genuine and that the judgment was more favorable to him than the OTS.
- Category: Procedural
- Related Cases:
- [2018] 2 SLR 1070
8. Remedies Sought
- Costs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Family Litigation
- Divorce
- Matrimonial Assets Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| JBB v JBA | High Court | Yes | [2015] 5 SLR 0153 | Singapore | Cited for the principle that general principles of costs must be applied with more sensitivity in matrimonial proceedings. |
| Resorts World at Sentosa Pte Ltd v Goel Adesh Kumar and another appeal | Court of Appeal | Yes | [2018] 2 SLR 1070 | Singapore | Cited for the principle that an offer to settle must be genuine and not made merely to obtain an adverse costs order against the counterparty. |
| WLL v WLM | General Division of the High Court (Family Division) | Yes | [2023] SGHCF 19 | Singapore | Cited for the judgment on the ancillary matters, namely, the division of matrimonial assets and maintenance for the Wife. |
13. Applicable Rules
| Rule Name |
|---|
| r 446 of the Family Justice Rules 2014 |
| r 454(2) of the Family Justice Rules |
| r 454(1)(c) of the FJR |
| r 457(2) |
| r 457(1) |
| r 457(1)(7) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Family Justice Rules 2014 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Offer to settle
- Matrimonial assets
- Division of assets
- Costs
- Indemnity basis
- Family Justice Rules
- Interim judgment
- Ancillary matters
15.2 Keywords
- divorce
- matrimonial assets
- costs
- offer to settle
- family law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 85 |
| Offer to Settle | 75 |
| Costs | 70 |
| Maintenance | 60 |
| Civil Practice | 40 |
| Evidence | 30 |
16. Subjects
- Family Law
- Civil Procedure
- Costs
- Divorce