VOW v VOV: Division of Matrimonial Assets and Child Maintenance Dispute
In the Family Justice Courts of Singapore, Judicial Commissioner Teh Hwee Hwee heard an appeal by VOW (Wife) against the decision of the District Judge in FC/D 580/2020 regarding the division of matrimonial assets and maintenance for the two children from the marriage with VOV (Husband). The court adjusted the asset division ratio to 55:45 in favor of the Husband, revised the CPF refund amount, and upheld the maintenance orders for the children.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Appeal dismissed in part, orders varied.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning division of matrimonial assets and child maintenance. The court adjusted the asset division ratio and revised the CPF refund amount.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Teh Hwee Hwee | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The Wife and Husband were married on 3 June 2006 and have two children born in 2012 and 2014.
- The Husband moved out of the matrimonial home with the children in January 2020.
- Interim Judgment was granted on 3 September 2020.
- A Personal Protection Order was granted against the Wife for the protection of the two children.
- The learned DJ determined the total value of the pool of matrimonial assets to be $2,010,487.47.
- The learned DJ ordered the Wife to transfer her share in the matrimonial home to the Husband in consideration of the Husband paying $57,385 to her CPF account.
5. Formal Citations
- VOW v VOV, District Court Appeal No 42 of 2022, [2023] SGHCF 9
6. Timeline
| Date | Event |
|---|---|
| Parties married in Singapore | |
| Parties moved to Australia | |
| Parties relocated back to Singapore | |
| Wife returned to the workplace | |
| First child born | |
| Second child born | |
| Marriage started to break down | |
| Husband moved out of the matrimonial home with the children | |
| Husband filed an application for a Personal Protection Order | |
| Interim Judgment granted | |
| Personal Protection Order granted against the Wife for the protection of the two children | |
| The learned DJ ordered the Wife to pay interim maintenance for the two children | |
| Ancillary matters heard by the learned DJ | |
| Ancillary matters heard by the learned DJ | |
| Ancillary matters heard by the learned DJ | |
| Judgment issued by the learned DJ | |
| Hearing date | |
| Hearing date | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the asset division ratio to 55:45 in favor of the Husband and revised the CPF refund amount.
- Category: Substantive
- Sub-Issues:
- Double counting of assets
- Valuation of assets
- Ratio of division
- Child Maintenance
- Outcome: The court upheld the maintenance orders for the children.
- Category: Substantive
- Sub-Issues:
- Reasonableness of maintenance amount
- Proportion of contribution by each parent
- Inclusion of specific expenses
- Raising new points on appeal
- Outcome: The court considered the factors for granting leave to raise new points on appeal and the implications of deviating from the Joint Summary.
- Category: Procedural
- Sub-Issues:
- Deviation from position in Joint Summary
- Leave to introduce new points
8. Remedies Sought
- Appeal against the decision of the District Judge
- Adjustment of the asset division ratio
- Revaluation and sale of the matrimonial home
- Reduction in child maintenance payments
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Child Maintenance
10. Practice Areas
- Divorce
- Ancillary Matters
- Child Maintenance
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ANJ v ANK | Singapore Law Reports | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach for division of matrimonial assets. |
| ARY v ARX and another appeal | Singapore Law Reports | Yes | [2016] 2 SLR 686 | Singapore | Cited for the operative date for determining and valuing matrimonial assets. |
| TND v TNC and another appeal | Singapore Court of Appeal | Yes | [2017] SGCA 34 | Singapore | Cited for the operative date for determining and valuing matrimonial assets. |
| UBD v UBE | Singapore High Court (Family Division) | Yes | [2017] SGHCF 14 | Singapore | Cited for the operative date for determining and valuing matrimonial assets. |
| BOR v BOS and another appeal | Singapore Court of Appeal | Yes | [2018] SGCA 78 | Singapore | Cited for the factors to consider when granting leave to introduce new points on appeal. |
| Grace Electrical Engineering Pte Ltd v Te Deum Engineering Pte Ltd | Singapore Law Reports | Yes | [2018] 1 SLR 76 | Singapore | Cited for the factors to consider when granting leave to introduce new points on appeal. |
| SGB Starkstrom Pte Ltd v Commissioner for Labour | Singapore Law Reports | Yes | [2016] 3 SLR 598 | Singapore | Cited for the requirement to seek leave to introduce a new point on appeal. |
| TOT v TOU and another appeal and another matter | Singapore High Court (Appellate Division) | Yes | [2021] SGHC(A) 9 | Singapore | Cited for the court's ability to correct computational errors. |
| UTS v UTT | Singapore High Court (Family Division) | Yes | [2019] SGHCF 8 | Singapore | Cited for the method for valuing insurance policies. |
| VPH v VPI | Singapore High Court (Family Division) | Yes | [2021] SGHCF 22 | Singapore | Acknowledged that the Joint Summary involves an acceptance by the parties that it represents his or her binding or final position |
| WAS v WAT | Singapore High Court (Family Division) | Yes | [2022] SGHCF 7 | Singapore | Acknowledged that the Joint Summary involves an acceptance by the parties that it represents his or her binding or final position |
| Fong Wai Har v Seah Boon Chai and another | Singapore High Court (Family Division) | Yes | [2016] SGHCF 4 | Singapore | Explained that the court aims to reach a just and equitable division of the matrimonial assets in the light of all the circumstances of the case |
| Tham Khai Meng v Nam Wen Jet Bernadette | Singapore Law Reports (Reissue) | Yes | [1997] 1 SLR(R) 336 | Singapore | The courts have ordered the matrimonial home to be retained by the party having care and control of the children in past cases. |
| Koo Shirley v Mok Kong Chua Kenneth | Singapore Law Reports (Reissue) | Yes | [1989] 1 SLR(R) 244 | Singapore | The courts have ordered the matrimonial home to be retained by the party having care and control of the children in past cases. |
| ATT v ATS | Singapore Law Reports | Yes | [2012] 2 SLR 859 | Singapore | Unless there are special circumstances or compelling reasons, the mere change in the value of an asset between the date of the ancillary orders and that of the hearing of the appeal per se should not be a ground to revisit the division made by the court below |
| BPC v BPB and another appeal | Singapore Law Reports | Yes | [2019] 1 SLR 608 | Singapore | The method of valuation agreed upon by both the Husband and the Wife was to use the average of transaction values from June to September 2021 (ie. agreed dates that were close to the date of the AM hearing) in relation to similar properties |
| TBC v TBD | Singapore Law Reports | Yes | [2015] 4 SLR 59 | Singapore | Each parent stands in the same parent-child relationship with the child or children and each parent has the duty to maintain the child or children. |
| VOV v VOW | Singapore Family Court | Yes | [2021] SGFC 10 | Singapore | Background facts of the case |
13. Applicable Rules
| Rule Name |
|---|
| Rule 828(4)(b) of the Family Justice Rules 2014 |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter 1961 | Singapore |
| Family Justice Rules 2014 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Child maintenance
- Division ratio
- Interim Judgment
- Personal Protection Order
- Joint Summary
- CPF refund
- Indirect contributions
- Direct contributions
15.2 Keywords
- matrimonial assets
- child maintenance
- divorce
- family law
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Maintenance | 90 |
| Child Custody | 80 |
| Child Support | 80 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Maintenance