XEW v XEV: Habitual Residence and Jurisdiction in Singapore Divorce Proceedings

In XEW v XEV, the High Court of Singapore dismissed the Husband's appeal against the District Judge's finding that the Singapore courts have jurisdiction to hear the divorce proceedings commenced by the Wife. The Husband argued he was not habitually resident in Singapore during the relevant period, but the court found that his travels were temporary and his intention was to maintain Singapore as his base. The court deferred to the Norwegian Court of Appeal's findings that the Husband had spent the last 13 to 14 years in Singapore.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding jurisdiction in divorce proceedings. The court dismissed the appeal, finding the husband was habitually resident in Singapore.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
XEWAppellantIndividualAppeal dismissedLost
XEVRespondentIndividualAppeal AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Loo Ming Nee BerniceAllen & Gledhill LLP
Tan Si Ying, GloriaAllen & Gledhill LLP
Gan Guo BinWinston Quek & Company
Quek Seng Soon WinstonWinston Quek & Company

4. Facts

  1. The Husband and Wife were married on 5 September 1992 in Norway.
  2. The Wife commenced divorce proceedings in Singapore on 17 April 2023.
  3. The Husband sought dismissal of the divorce writ, arguing Singapore courts lacked jurisdiction.
  4. The District Judge found Singapore courts had jurisdiction.
  5. The Husband spent 19.5 months out of 36 months away from Singapore during the Material Period.
  6. The Husband permanently resided in a sailboat with cabins moored in Singapore.
  7. The Husband changed his residency to Norway after the Wife commenced divorce proceedings.

5. Formal Citations

  1. XEW v XEV, Registrar’s Appeal from the Family Justice Courts No 19 of 2024, [2025] SGHCF 5

6. Timeline

DateEvent
Husband and Wife married in Norway.
Wife commenced divorce proceedings in Singapore.
Husband changed his residency status to being “Ordinary Resident” in Norway.
Husband commenced divorce proceedings in Norway.
Norwegian Court of Appeal dismissed Husband's application.
District Judge found that the Singapore courts have jurisdiction to hear the divorce.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Habitual Residence
    • Outcome: The court found that the Husband was habitually resident in Singapore during the Material Period.
    • Category: Jurisdictional

8. Remedies Sought

  1. Dismissal of divorce proceedings

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Family Law
  • Divorce Law

11. Industries

  • Logistics
  • Interior Design
  • Hospitality

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lee Mei-Chih v Chang Kuo-YuanHigh CourtYes[2012] 4 SLR 1115SingaporeCited for the principle that habitual residence requires voluntary residence and a degree of settled purpose.

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

  • Habitual residence
  • Jurisdiction
  • Divorce proceedings
  • Material Period
  • Employment pass

15.2 Keywords

  • Divorce
  • Jurisdiction
  • Habitual Residence
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Child Custody5
Spousal Support5

16. Subjects

  • Family Law
  • Jurisdiction
  • Divorce