XGA v XGB: Division of Matrimonial Assets and Maintenance in Divorce

In the divorce case of XGA v XGB, the Family Division of the High Court of Singapore, presided over by Choo Han Teck J, addressed the division of matrimonial assets and maintenance for the wife and two children. The court determined the division ratio of matrimonial assets to be 57.5-42.5 in the Wife’s favor and ordered the Husband to pay monthly maintenance of $2,000 for the Wife for two years and $6,400 monthly for the children until they turn 21.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Division of matrimonial assets ordered; monthly maintenance of $2,000 for the wife for two years and $6,400 monthly for the children until they turn 21 ordered.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets and maintenance for wife and children. The court determined the asset division ratio and ordered monthly maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
XGAPlaintiffIndividualPartialPartial
XGBDefendantIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Lee Mong JenLMJ Law Corporation
Yeo YangLMJ Law Corporation
Lau Kah HeeBC Lim and Lau LLC

4. Facts

  1. The Wife, 44, is a Singapore citizen working as a credit analyst with a net salary of S$8,297.
  2. The Husband, 45, is an Australian citizen and Singapore Permanent Resident, earning at least S$23,913.33 a month.
  3. The parties married on 29 July 2007 and have two sons, aged 16 and 14.
  4. The Wife moved out of the matrimonial home on 18 November 2022 and commenced divorce proceedings on 14 March 2023.
  5. The Husband breached a disclosure order by failing to disclose financial documents relating to his companies and fixed deposit accounts.
  6. The Husband withdrew S$149,000 from one of his companies to help pay for a property.
  7. The Wife sacrificed her career to be a full-time homemaker in the UK and was the primary person who ran the household.

5. Formal Citations

  1. XGA v XGB, Divorce (Transferred) No 1136 of 2023, [2024] SGHCF 47

6. Timeline

DateEvent
Marriage occurred
Wife moved out of the matrimonial home
Divorce proceedings commenced
Interim judgment granted
Hearing of the ancillary matters
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the division ratio to be 57.5-42.5 in the Wife's favor, accounting for the Husband's non-disclosures.
    • Category: Substantive
  2. Maintenance for Wife
    • Outcome: The court ordered the Husband to pay a monthly maintenance of $2,000 for the next two years and backdated maintenance for 19 months.
    • Category: Substantive
  3. Maintenance for Children
    • Outcome: The court ordered the Husband to pay $6,400 monthly until the children turn 21.
    • Category: Substantive
  4. Adverse Inference for Non-Disclosure
    • Outcome: The court drew an adverse inference against the Husband for failing to disclose financial documents, resulting in an uplift to the Wife's share of matrimonial assets.
    • Category: Procedural

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Children

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
USB v USAN/AYes[2020] 2 SLR 588SingaporeCited for the principle that the entire value of a transformed matrimonial asset is to be added into the matrimonial asset pool.
ANJ v ANKN/AYes[2015] 4 SLR 1043SingaporeApplied as this is a dual-income marriage.
BOR v BOSSingapore Court of AppealNo[2018] SGCA 78SingaporeCited regarding the weight of indirect contributions in marriages of moderate length, but distinguished as it relates to single-income marriages.
WVS v WVTHigh CourtYes[2024] SGHC(A) 35SingaporeCited regarding the parties working out the details of how to carry out the court’s division order.
UEB v UECN/AYes[2018] SGHCF 5SingaporeCited to argue that it is not inappropriate to consider the wife’s mortgage repayments for providing a roof over the children’s head.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Interim Judgment
  • Ancillary Matters
  • Adverse Inference
  • Uplift
  • Disclosure Order
  • Dual-Income Marriage
  • Earning Capacity
  • Indirect Contributions
  • Spousal Maintenance

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Division of Matrimonial Assets95
Maintenance90
Maintenance (Wife)90
Maintenance (Child)90

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance