WXA v WXB: Division of Matrimonial Assets, Child Custody, and Maintenance Dispute

In the divorce case of WXA v WXB, the Family Division of the High Court of Singapore, presided over by Mavis Chionh Sze Chyi J, addressed ancillary matters including the care and control of the two children, their maintenance, and the division of matrimonial assets. The court granted sole care and control of the children to the Wife, ordered the Husband to pay $585 per month for child maintenance, and outlined the division of matrimonial assets, including the matrimonial home. The judgment was delivered on 17 May 2024, following a hearing on 26 April 2024.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

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

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning care and control of children, child maintenance, and division of matrimonial assets. The court granted sole care and control to the Wife and ordered the Husband to pay child maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WXAPlaintiffIndividualPartialPartial
WXBDefendantIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Mavis Chionh Sze ChyiJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Decruz Martin FrancisShenton Law Practice LLC
Tan Yee TatYeo & Associates LLC
Lim Junchen XavierYeo & Associates LLC
Alvina Chitra LoganYeo & Associates LLC

4. Facts

  1. The Husband and Wife were married on 7 January 2006 and have two children.
  2. The Husband filed for divorce on 6 June 2022, citing the Wife's improper association with a third party.
  3. The Wife filed a counterclaim, alleging the marriage broke down due to the Husband's bad temper and miserly attitude.
  4. An uncontested Interim Judgment for Divorce was granted on 19 January 2023, based on both parties’ unreasonable behavior.
  5. The Husband is the head of information technology at [Company X], earning approximately $18,900 per month.
  6. The Wife is the head of compliance at [Company Y], earning approximately $29,500 per month.
  7. The parties agreed to joint custody of the children, but disagreed on care and control.

5. Formal Citations

  1. WXA v WXB, Divorce (Transferred) No 2428 of 2022, [2024] SGHCF 22

6. Timeline

DateEvent
Parties married
Husband filed for divorce
Wife filed a counterclaim
Interim Judgment for Divorce granted
Ancillary matters heard
Judgment reserved

7. Legal Issues

  1. Care and Control of Children
    • Outcome: The court granted sole care and control of the Children to the Wife, with generous access to the Husband.
    • Category: Substantive
    • Related Cases:
      • [2021] 5 SLR 1233
      • [2018] 5 SLR 1089
      • [2012] 1 SLR 840
      • [2016] 4 SLR 674
      • [2015] 2 SLR 879
      • [2023] SGHCF 49
  2. Child Maintenance
    • Outcome: The Husband was ordered to pay a fixed sum of $585 per month to the Wife for the Children’s maintenance, and the parties shall split the personal expenses of the Children equally on a reimbursement basis.
    • Category: Substantive
    • Related Cases:
      • [2023] SGHCF 36
      • [2018] SGHCF 5
  3. Division of Matrimonial Assets
    • Outcome: The Wife shall be granted the first right to purchase the Husband’s share of the matrimonial home, based on the price that can be obtained from the open market. A sum of $128,962 shall be transferred to the Wife from the Husband’s share of the proceeds of the sale of the matrimonial home.
    • Category: Substantive
    • Related Cases:
      • [2016] 2 SLR 686
      • [2020] 4 SLR 288
      • [2023] SGHCF 4
      • [2021] 1 SLR 426
      • [2019] 1 SLR 608
      • [2017] 1 SLR 609
      • [2023] SGHCF 11
      • [2023] SGHC(A) 28
      • [2007] 3 SLR(R) 743
      • [2015] 4 SLR 1043
      • [2020] 1 SLR 551
      • [2020] 2 SLR 588
      • [2023] SGHCF 26
      • [2023] SGHCF 41
  4. Failure to Make Full and Frank Disclosure
    • Outcome: The court found that the Wife had not fully disclosed all of her assets, but declined to draw an adverse inference against her. However, the sum of $74,850 ($54,400 + $20,450) is notionally added back to the assets held in the Wife’s name.
    • Category: Procedural
    • Related Cases:
      • [2021] 1 SLR 426
      • [2019] 1 SLR 608

8. Remedies Sought

  1. Divorce
  2. Custody of Children
  3. Maintenance for Children
  4. Division of Matrimonial Assets

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
VJM v VJL and another appealHigh CourtYes[2021] 5 SLR 1233SingaporeCited for the principle that an order for joint custody makes it clear that both parents have an equal responsibility over the Children.
TAU v TATHigh CourtYes[2018] 5 SLR 1089SingaporeCited for factors relevant to a consideration of an order for shared care and control.
AQL v AQMHigh CourtYes[2012] 1 SLR 840SingaporeCited to define shared care and control.
AUA v ATZHigh CourtYes[2016] 4 SLR 674SingaporeCited for the principle that parties should prioritise substance over form in care and control arrangements.
TAA v TABHigh CourtYes[2015] 2 SLR 879SingaporeCited for the principle that parties should prioritise substance over form in care and control arrangements.
WQP v WQQFamily Justice CourtsYes[2023] SGHCF 49SingaporeCited to compare the arrangements proposed by the husband and to show that the arrangements sought by the Husband in the present case are substantially the same as the arrangements proposed in WQP v WQQ.
WOS v WOTFamily Justice CourtsYes[2023] SGHCF 36SingaporeCited for the principles in assessing the reasonableness of the Children’s expenses.
UEB v UECFamily Justice CourtsYes[2018] SGHCF 5SingaporeCited to support the inclusion of household expenses in the Children's maintenance.
ARY v ARX and another appealCourt of AppealYes[2016] 2 SLR 686SingaporeCited for the operative date for the determination of the matrimonial pool.
USA v USBCourt of AppealYes[2020] 4 SLR 288SingaporeCited for the operative date for the valuation of the matrimonial assets.
CYH v CYIFamily Justice CourtsYes[2023] SGHCF 4SingaporeCited to support the fairest approach to the division of the matrimonial home.
UZN v UZMCourt of AppealYes[2021] 1 SLR 426SingaporeCited for the legal principles relevant to dissipations and adverse inferences.
BPC v BPB and another appealCourt of AppealYes[2019] 1 SLR 608SingaporeCited for the legal principles relevant to dissipations and adverse inferences.
TNL v TNKHigh CourtYes[2017] 1 SLR 609SingaporeCited for the legal principles relevant to dissipations and adverse inferences.
WGJ v WGIFamily Justice CourtsYes[2023] SGHCF 11SingaporeCited for the legal principles relevant to dissipations and adverse inferences.
CVC v CVBHigh CourtYes[2023] SGHC(A) 28SingaporeCited for the principle that belated disclosure of assets may be addressed by orders of costs.
NK v NLHigh CourtYes[2007] 3 SLR(R) 743SingaporeCited for the methodologies which may be applied in clustering matrimonial assets in preparation for division.
ANJ v ANKHigh CourtYes[2015] 4 SLR 1043SingaporeCited for the structured approach in dividing matrimonial assets.
UYQ v UYPHigh CourtYes[2020] 1 SLR 551SingaporeCited for the principle that the court is not indulging in a rigid and mechanistic calculation exercise when ascribing a ratio in respect of the indirect contributions of the parties.
USB v USA and another appealCourt of AppealYes[2020] 2 SLR 588SingaporeCited for the principle that the court should direct its attention to broad factual indicators when apportioning the indirect contributions.
WGE v WGFFamily Justice CourtsYes[2023] SGHCF 26SingaporeCited to contrast the facts with the present case.
WQR v WQSFamily Justice CourtsYes[2023] SGHCF 41SingaporeCited to contrast the facts with the present case.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter 1961Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Care and Control
  • Access
  • Matrimonial Assets
  • Division of Assets
  • Child Maintenance
  • Joint Custody
  • Sole Custody
  • Interim Judgment
  • Ancillary Matters
  • Dissipation of Assets

15.2 Keywords

  • Divorce
  • Family Law
  • Child Custody
  • Matrimonial Assets
  • Singapore
  • High Court
  • Maintenance

17. Areas of Law

Area NameRelevance Score
Family Law95
Child Custody90
Division of Matrimonial Assets90
Access to Children90
Maintenance85
Maintenance (Child)85

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Matrimonial Assets