AKF v AKG

• Jurisdiction: Singapore
• Judge: Tay Yong Kwang J
• Judgment Date: 05 August 2010
• Neutral Citation: [2010] SGHC 225
• Court: High Court (Singapore)
• Docket Number: Divorce Transferred No 776 of 2007
• Published date: 16 August 2010
• Year: 2010
• Hearing Date: 03 May 2010
• Plaintiff Counsel: Randolph Khoo and Veronica Joseph (Drew & Napier LLC)
• Defendant Counsel: Raymond Yeo (Raymond Yeo)
• Subject Matter: Family Law
• Citation: [2010] SGHC 225

Tay Yong Kwang J: Introduction

The present matter concerns the division of matrimonial assets, maintenance and custody of two children after interim judgment of divorce was pronounced by the Family Court. The matter is before the High Court as the matrimonial assets have been declared to be above $1.5 million in value.

Background facts

The plaintiff (“Wife”) and the defendant (“Husband”) met in Hong Kong in 1989 and were married in Singapore in 1994. The Wife is now 46 years old while the Husband is 51. Two children were born during the marriage. The elder son is presently 13 years of age whilst the younger son is 10 years old. They are both schooling. During the subsistence of the marriage, both the Wife and the Husband were gainfully employed and earned their own keep. The Wife is an auditor making more than $28,000 per month. The Husband is in the advertising industry and, up to January 2007, was drawing a salary of more than $45,000 per month. He was then placed on “garden leave” from February to end July 2007. He managed to secure alternative employment with effect from 5 January 2009 earning a monthly income of $25,000. On 15 May 2009, his employment was terminated and he started a business called Innovize. The Husband claims that he derives no income from this business and that it was set up just to maintain his marketability and for public relations purposes.

The marriage broke down some time in 2006 and both parties commenced various divorce proceedings. These proceedings were eventually withdrawn and the parties agreed that a fresh writ be filed and that the same proceed on an uncontested basis. The current divorce proceedings were filed by the Wife on 16 February 2007. She relied on the Husband’s improper association with a series of women to argue that the Husband had behaved in such a way that she could not reasonably be expected to live with him any longer. Interim judgment of divorce was granted by consent on 13 April 2007 and the ancillary matters were adjourned to be decided on a later date. Since that date, various interim orders have been made by the Family Court upon the parties’ applications.

The ancillary matters for determination by the High Court are: (a) Custody of, care and control of, and access to the Children (collectively referred to as the “Children’s Matters”); (b) Maintenance for the Wife; (c) Maintenance for the Children; (d) Division of the matrimonial home and other matrimonial assets; and (e) Costs of the proceedings.

The Wife’s Case

In respect of the Children’s Matters, the Wife asked for a range of orders, some of which the Husband was agreeable to, while the rest were disputed. The orders which the Wife requested included orders pertaining to joint custody as well as care and control of the children. She also sought various consequential orders concerning matters such as the children’s education, health, daily living arrangements (during school term, school holidays as well as major holidays), as well as other administrative matters.

In respect of maintenance for herself, the Wife initially sought S$8,000 in monthly maintenance. Eventually she asked for a nominal $1 per year as maintenance in order to preserve her rights should she require maintenance in future.

As for maintenance for the children, the Wife initially sought S$14,000 as monthly maintenance for both children but later sought S$250 per child, totalling S$500 a month for both children. She also sought an order for a trust fund to be established for the children by the Husband in the amount of US$250,000 for each child. This trust fund would be paid out to each child once he reaches 25 years of age. Additionally, she wanted both parties to share the children’s educational and medical expenses equally, unless such expenses were covered under insurance.

Finally on the issue of division of the matrimonial home and other matrimonial assets, the Wife requested a 44% share of the total matrimonial assets. This 44% would comprise 80% of the net sale proceeds (including interest, if any) of the couple’s matrimonial home at [address redacted] (“Matrimonial Property”) as well as all the assets in her name. The wife hence sought orders that she be allowed to retain 80% of the net sale proceeds of the Matrimonial Property and that all other assets be retained by the respective parties in their sole names.

The Husband’s Case

With respect to the Children’s Matters, the Husband desired that the children spend equal time with both parents. He hence requested joint custody and joint care and control of the children. During the period in which the children were with either himself or the Wife, he also sought orders governing access by the other parent to them. In respect of the Wife’s application seeking a range of consequential orders, the Husband’s response to those requests was mixed; he was agreeable to some requests but not others.

As for maintenance for the Wife, the Husband was not prepared to offer her any form of maintenance in view of the high salary she is earning, her excellent career path and promising future prospects. He claims that the Wife has received a promotion to principal auditor in a multi-national company.

In respect of maintenance for the children, the Husband sought an order that each party maintains the children while they are in their respective care and control and argued that he should not be required to make additional payments of maintenance over and above those incurred while the children are spending time with him since the children would be spending equal time with both parties. The Husband was also agreeable to the setting up of a trust fund but requested that it be funded equally by both parties and that the value of the fund be only US$150,000 per child.

Finally on the issue of division of the matrimonial home and other matrimonial assets, the Husband sought an order that he be allowed to retain 80% of the net sale proceeds (including interest, if any)of the Matrimonial Property.

My Decision

Having considered both the Wife’s and Husband’s respective cases, I made the following orders.

The Children’s Matters

In respect of the Children’s Matters, I noted that both parties consented to having joint custody of the children. Accordingly, I ordered the same. I also noted that at the time of the hearing before me, an interim care and control order was in place for the children. The arrangement was for the Wife and Husband respectively to have care and control of the children on a two-week alternating basis. The children have been living with the parties on this rotational cycle since January 2009 and it appears that this arrangement has been working well. Hence, I ordered a continuation of this arrangement. Access arrangements were also made for the other party when one party has care and control of the children. However, parties could not agree on some details regarding this matter. I hence made the following orders: The Wife’s address is to be listed as the children’s official address. There would be a clause explaining that this arrangement is for administrative purposes and that the Wife would provide the Husband with copies of all documents relating to the children, which are sent to her address, as soon as possible. Both parties would inform the other whenever some information comes to one of them from any external party, such as teachers and doctors. Once again, this notification should take place as soon as the parties are able to. In the event that either party wishes to change the dates when the children are to be with him/her, at least one week’s prior notice is to be given to the other party. If either party is travelling during the month, the children would remain with the other party during the duration of the party’s travel. This period would count as that party’s two week cycle with the children. If both parties are travelling, the children would reside at the Wife’s residence and her mother would look after the children in the absence of both parties. If the Husband returns earlier than the Wife, the children would be allowed to stay at his residence provided he informs the Wife before hand...