VZJ v VZK: Child Custody, Matrimonial Assets Division, Child Maintenance

In the divorce case of VZJ v VZK, the High Court of Singapore (Family Division) addressed issues of child custody, division of matrimonial assets, and child maintenance. The court ordered joint custody with the Wife having sole care and control of the child, who resides in Hong Kong. The court also ruled on the division of matrimonial assets, giving the Husband the first option to purchase the Wife's share of the matrimonial home. The Husband was ordered to pay monthly maintenance for the child and backdated maintenance from September 2020. There was no maintenance for the Wife.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Orders made for joint custody, sole care and control to the Wife, division of matrimonial assets, and child maintenance.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning child custody, division of matrimonial assets, and child maintenance. The court addressed the child's residence, education, and financial support.

1.7 Decision Date

7 March 2024

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
VZJ	Plaintiff	Individual	Joint custody of the Child	Partial	Aye Cheng Shone of A C Shone & Co Natasha Choo Sen Yew of A C Shone & Co
VZK	Defendant	Individual	Joint custody of the Child	Partial	Yap Teong Liang of T L Yap Law Chambers LLC

3. Judges

Judge Name	Title	Delivered Judgment
Mavis Chionh Sze Chyi	Judge of the High Court	Yes

4. Counsels

Counsel Name	Organization
Aye Cheng Shone	A C Shone & Co
Natasha Choo Sen Yew	A C Shone & Co
Yap Teong Liang	T L Yap Law Chambers LLC

4. Facts

The parties were married in December 2012 and have a son born in October 2013.
The Wife is a banker, and the Husband is a lawyer.
The Wife and the Child are living in Hong Kong, while the Husband is based in Singapore.
Interim judgment for divorce was granted in October 2021.
The parties lived separately since July 2016 when the Wife moved to Hong Kong with the Child.
The Husband consented to the Wife moving with the Child to Hong Kong in July 2016.
The Husband failed to disclose all his assets to the court.

5. Formal Citations

VZJ v VZK, Divorce (Transferred) No 3804 of 2020, [2024] SGHCF 16

6. Timeline

Date	Event
2012-12-01	Parties married
2013-10-01	Child born
2016-07-01	Wife moved to Hong Kong with Child
2020-01-01	Divorce (Transferred) No 3804 of 2020 filed
2021-10-01	Interim judgment for divorce granted
2024-02-20	Plaintiff’s written submissions dated
2024-02-20	Defendant’s written submissions dated
2024-02-28	Plaintiff’s Core Bundle dated
2024-02-28	Updated Annex A dated
2024-02-28	Judgment reserved
2024-03-08	Judgment issued

7. Legal Issues

Child Custody
- Outcome: The court ordered joint custody with the Wife having sole care and control. The child will remain in Hong Kong for now. Parties are directed to attend counselling to address the issue of the choice of the Child’s school.
- Category: Substantive
- Sub-Issues:
  - Child's country of residence
  - Child's education
  - Care and control
  - Access
- Related Cases:
  - [2005] 3 SLR(R) 690
  - [2021] 5 SLR 1233
  - [2016] SGHC 44
  - [2023] SGHCF 10
  - [2017] 4 SLR 213
  - [2024] SGCA 1
  - [2022] 3 SLR 598
  - [2020] 5 SLR 772
  - [2015] 3 SLR 973
  - [2015] 2 SLR 879
Division of Matrimonial Assets
- Outcome: The court ordered the division of matrimonial assets based on direct and indirect contributions, with the Husband having the first option to purchase the Wife's share of the matrimonial home.
- Category: Substantive
- Sub-Issues:
  - Identification of matrimonial assets
  - Valuation of matrimonial assets
  - Direct contributions
  - Indirect contributions
  - Apportionment of assets
  - Failure to make full and frank disclosure
- Related Cases:
  - [2019] 1 SLR 608
  - [2021] 1 SLR 426
  - [2007] 3 SLR(R) 743
  - [2015] 4 SLR 1043
  - [2014] 1 SLR 1276
  - [2020] 1 SLR 551
  - [2020] 2 SLR 588
  - [2023] SGHCF 26
  - [2023] SGHCF 51
  - [2015] SGCA 52
  - [2020] SGHCF 23
Child Maintenance
- Outcome: The court ordered the Husband to pay monthly maintenance for the child and backdated maintenance from September 2020.
- Category: Substantive
- Sub-Issues:
  - Quantum of maintenance
  - Apportionment of maintenance
  - Backdated maintenance
- Related Cases:
  - [2023] SGHCF 3
  - [2023] SGHCF 14
  - [2016] 3 SLR 1137
  - [2011] 3 SLR 955

8. Remedies Sought

Custody of the Child
Division of Matrimonial Assets
Maintenance for the Child

9. Cause of Actions

Divorce

10. Practice Areas

Divorce
Child Custody
Division of Assets
Child Maintenance

11. Industries

Banking
Legal

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
CX v CY (minor: custody and access)	Court of Appeal	Yes	[2005] 3 SLR(R) 690	Singapore	Cited for the principle that custody concerns the authority to make important, long-term decisions concerning the upbringing and welfare of the child and that an order for joint custody is the norm even where there is acrimony between the parties.
VJM v VJL and another appeal	Unknown	Yes	[2021] 5 SLR 1233	Singapore	Cited for the principle that an order for joint custody is the norm even where there is acrimony between the parties.
AZZ v BAA	High Court	Yes	[2016] SGHC 44	Singapore	Cited for the principle that an order for joint custody is the norm even where there is acrimony between the parties.
CXR v CXQ	Unknown	Yes	[2023] SGHCF 10	Singapore	Cited for the principle that courts may order or advise parties to go through counselling and mediation to gain better insights into the child’s needs and to strengthen their parenting abilities.
BNS v BNT	Unknown	Yes	[2017] 4 SLR 213	Singapore	Cited for the principle that courts may order or advise parties to go through counselling and mediation to gain better insights into the child’s needs and to strengthen their parenting abilities.
WKM v WKN	Court of Appeal	Yes	[2024] SGCA 1	Singapore	Cited for the endorsement of the therapeutic justice approach.
VTU v VTV	Unknown	Yes	[2022] 3 SLR 598	Singapore	Cited for the principle that an order for joint custody means that in matters concerning the major aspects of a child’s life such as where the child should be located, there must be consensus, failing which, a court order.
UYK v UYJ	Unknown	Yes	[2020] 5 SLR 772	Singapore	Cited for the principle that in deciding whether to allow relocation, the welfare of the child is the paramount consideration.
BNS v BNT	Court of Appeal	Yes	[2015] 3 SLR 973	Singapore	Cited for the principle that in deciding whether to allow relocation, the welfare of the child is the paramount consideration.
TAA v TAB	High Court Family Division	Yes	[2015] 2 SLR 879	Singapore	Cited for the principle that in deciding whether to allow relocation, the welfare of the child is the paramount consideration.
BPC v BPB and another appeal	Court of Appeal	Yes	[2019] 1 SLR 608	Singapore	Cited for the principle that an adverse inference may be drawn where there is a substratum of evidence that establishes a prima facie case of concealment against the person against whom the inference is to be drawn.
UZN v UZM	Court of Appeal	Yes	[2021] 1 SLR 426	Singapore	Cited for the principle that there are generally two approaches the courts have used to give effect to an adverse inference, namely the quantification approach and the uplift approach.
NK v NL	Unknown	Yes	[2007] 3 SLR(R) 743	Singapore	Cited for the global assessment methodology applied in division of matrimonial assets.
ANJ v ANK	Unknown	Yes	[2015] 4 SLR 1043	Singapore	Cited for the structured approach in division of matrimonial assets.
Sim Kim Heng Andrew v Wee Siew Gee	High Court	Yes	[2014] 1 SLR 1276	Singapore	Cited for the principle that whether the interest element of CPF moneys should be excluded when calculating the direct contributions of the parties to the matrimonial home is ultimately a matter of discretion for the trial judge.
UYQ v UYP	Unknown	Yes	[2020] 1 SLR 551	Singapore	Cited for the principle that the structured approach ought not to be applied in an overly rigid, mechanistic and overly arithmetical manner.
USB v USA and another appeal	Unknown	Yes	[2020] 2 SLR 588	Singapore	Cited for the principle that when ascribing a ratio in respect of the indirect contributions of the parties, the court is not indulging in a rigid and mechanistic calculation exercise.
WGE v WGF	Unknown	Yes	[2023] SGHCF 26	Singapore	Compared to the present case in assessing indirect contributions.
WRZ v WSA	Unknown	Yes	[2023] SGHCF 51	Singapore	Compared to the present case in assessing indirect contributions.
Twiss, Christopher James Hans v Twiss, Yvonne Prendergast	Court of Appeal	Yes	[2015] SGCA 52	Singapore	Compared to the present case in assessing indirect contributions.
VMO v VMP	Unknown	Yes	[2020] SGHCF 23	Singapore	Compared to the present case in assessing indirect contributions.
WBU v WBT	Unknown	Yes	[2023] SGHCF 3	Singapore	Cited for the principle that maintenance is ordered to meet the reasonable needs of the child, having regard to all the relevant circumstances of the case.
WLE v WLF	Unknown	Yes	[2023] SGHCF 14	Singapore	Cited for the principle that careful consideration must be given when declaring expenses as reasonable, especially when such a declaration would essentially coerce one parent into accepting the other’s parenting approach.
TIT v TIU	Unknown	Yes	[2016] 3 SLR 1137	Singapore	Cited for the principle that while both parents are equally responsible for providing for their children, their precise obligations may differ depending on their means and capacities.
AMW v AMZ	Unknown	Yes	[2011] 3 SLR 955	Singapore	Cited for the principle that the court has a discretion to order maintenance to commence from whichever date the court considers fair.
VZJ v VZK	District Court	Yes	[2022] SGFC 6	Singapore	Cited for the finding that the parties had lived separately and apart from each other since July 2016.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Women’s Charter 1961	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Custody
Care and control
Access
Matrimonial assets
Division of assets
Maintenance
Child
Relocation order
Joint custody
Primary caregiver
Adverse inference
Direct contributions
Indirect contributions

15.2 Keywords

divorce
child custody
matrimonial assets
child maintenance
Singapore
family law

17. Areas of Law

Area Name	Relevance Score
Family Law	95
Child Custody	90
Access to Children	85
Maintenance	80
Children's Welfare	75
Division of Matrimonial Assets	70

16. Subjects

Family Law
Divorce
Child Custody
Division of Matrimonial Assets
Child Maintenance