XHG v XHH: Costs Order in Divorce Ancillary Matters | Family Law

In the Family Justice Courts of the Republic of Singapore, Choo Han Teck J ordered the husband, XHH, to pay costs to the wife, XHG, in relation to ancillary matters of their divorce. The court awarded standard costs of S$5,000 for the ancillary proceedings and indemnity costs of S$2,000 for the wife's costs of responding to the husband's late affidavit of assets and means. The court considered the wife's offer to settle, the husband's conduct during the proceedings, and the parties' disclosure obligations.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Costs awarded to Wife; Husband to pay standard costs of S$5,000 and indemnity costs of S$2,000.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Costs order in divorce ancillary matters. The court ordered the husband to pay costs to the wife, including indemnity costs for a late affidavit.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
XHGPlaintiffIndividualCosts AwardedWon
XHHDefendantIndividualCosts Order AgainstLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Kyle Leslie SimEngarde Legal LLC
Florence TingEngarde Legal LLC

4. Facts

  1. The wife disclosed that she had made an offer to settle on 27 June 2024.
  2. The husband made his own offer to settle on 27 September 2024.
  3. The wife did not accept the husband's offer because the terms relating to the children’s maintenance was unreasonable.
  4. The husband filed his fifth affidavit of assets and means close to the hearing.
  5. The husband did not disclose private investigator fees, bank statements, his 2023 Remuneration Review, and other financial information.
  6. The wife transferred S$100,000 to her friend.
  7. The wife asserted that S$77,730 was her father’s allowance that she was keeping on his behalf.

5. Formal Citations

  1. XHG v XHH, Divorce (Transferred) No 706 of 2022, [2025] SGHCF 13

6. Timeline

DateEvent
Wife made an offer to settle
Husband made an offer to settle
Husband given leave to file his fifth affidavit of assets and means
Husband's affidavit filed
Judgment handed down concerning the ancillary matters of the parties’ divorce
Judgment reserved
Judgment issued

7. Legal Issues

  1. Costs in Family Proceedings
    • Outcome: The court ordered the husband to pay costs to the wife, including indemnity costs for a late affidavit.
    • Category: Procedural
    • Related Cases:
      • [2020] 2 SLR 588
      • [2007] 3 SLR(R) 233
      • [2017] SGHCF 1
  2. Duty of Full and Frank Disclosure
    • Outcome: The court reiterated the duty of full and frank disclosure in ancillary matters proceedings.
    • Category: Substantive
    • Related Cases:
      • [2020] 2 SLR 588
      • [2007] 3 SLR(R) 233
      • [2017] SGHCF 1
  3. Offers to Settle
    • Outcome: The court found that the wife's offer to settle had expired and did not award indemnity costs based on it.
    • Category: Procedural

8. Remedies Sought

  1. Costs

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
USB v USAUnknownYes[2020] 2 SLR 588SingaporeCited for the principle that parties to ancillary matters proceedings pursuant to divorce are under a duty of full and frank disclosure.
BG v BFUnknownYes[2007] 3 SLR(R) 233SingaporeCited for the principle that parties to ancillary matters proceedings pursuant to divorce are under a duty of full and frank disclosure.
TVJ v TVKHigh Court (Family Division)Yes[2017] SGHCF 1SingaporeCited for the rationale behind the duty of full and frank disclosure in ancillary matters proceedings.

13. Applicable Rules

Rule Name
r 454 of the Family Justice Rules 2014
r 454(1) of the Family Justice Rules 2014
r 454(7) of the Family Justice Rules 2014
r 457 of the Family Justice Rules 2014
r 64 of the Family Justice Rules 2014
r 63 of the Family Justice Rules 2014

14. Applicable Statutes

Statute NameJurisdiction
Family Justice Rules 2014Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Costs
  • Indemnity costs
  • Standard costs
  • Offer to settle
  • Affidavit of assets and means
  • Full and frank disclosure
  • Ancillary matters

15.2 Keywords

  • divorce
  • family law
  • costs
  • ancillary matters
  • offer to settle
  • disclosure

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Costs90
Matrimonial Assets Division70
Matrimonial Assets70
Variation of Consent Orders50
Evidence30
Civil Procedure20

16. Subjects

  • Family Law
  • Civil Procedure
  • Costs
  • Divorce