Chai Fei Choo (m.w.) v Leong Tak Wa

• Jurisdiction: Singapore
• Judge: Wong Keen Onn
• Judgment Date: 16 March 2012
• Neutral Citation: [2012] SGDC 90
• Court: District Court (Singapore)
• Hearing Date: 11 October 2011,13 September 2011,05 April 2011,02 June 2011,28 April 2011,17 November 2011,13 July 2011,17 August 2011,12 January 2011,08 December 2010,22 February 2011
• Docket Number: Divorce Suit No 54734 of 2007
• Plaintiff Counsel: Ms Carrie Gill (M/s Harry Elias Partnership LLP)
• Defendant Counsel: Ms Sharanjit Kaur (M/s Khattar Wong Partnership)
• Published date: 25 June 2012

District Judge Wong Keen Onn: Introduction

This is an appeal by the Defendant husband (hereinafter referred to as the “husband” or “Defendant”) in respect of the ancillary orders made on 17 November 2011 pertaining to the division of matrimonial assets, custody, care and control of the two children and maintenance for the wife and the minor children.

Background Facts

The Plaintiff (“Wife”) and the Defendant (“husband”) were married on 27 January 1988. The Wife is now 49 years old while the Husband is 48 years old. The Wife used to be a homemaker but since the divorce she has started work on 23 February 2009 as a customer service assistant drawing a salary of $848.00 a month. The Husband is a pilot with Singapore Airlines, earning a gross monthly salary of $10,000.00 per month. They have three children to the marriage, namely Kent Leong Kar Wai aged 22 years, Serene Leong Yen Ling aged 20 years and Daniel Leong Kar Weng aged 17 yearsⁱ. The marriage broke down in 2007 and on 28 October 2008, the wife filed for a divorce based on the husband’s unreasonable behaviour. On 7 October 2009, Interim Judgment dissolving the marriage was granted and the ancillary matters were adjourned to be decided at a later date. The ancillary matters pertain to the following: (a) custody and care and control of the children of the marriage; (b) the division of the matrimonial assets; and (c) the maintenance of the wife and children.

Since the date of service of the writ of divorce, various interim orders have been made by the Family Court upon parties’ applications. On 12 March 2009, the Wife obtained an interim Maintenance Order for the Husband to pay to her $5,000.00 per month inclusive of “outgoings” as an interim maintenance for her and the children. This Order for Interim maintenance of $5,000.00 was upheld by the High Court in RAS 30/2009 on 1 Dec 2009. The Wife successfully obtained a Court Order on 5 October 2010 (known also as the current “matrimonial flat”) for the Defendant husband to continue to pay for the mortgage of the property known as No 3 Sin Ming Walk #04-30 The Gardens @ Bishan (known also as the current “matrimonial flat”). No 3 Sin Ming Walk #04-30 The Gardens @ Bishan pending the division of the assets. It was not in dispute that the husband stopped paying for the mortgage payments. As a result, the mortgagee bank DBS bank obtained a writ of possession in the High Court on 19 January 2011.

In respect of the ancillary matters, the parties field the following affidavits and documents in support of their positions:

Wife
PAOM-1	1st Affidavit of Assets and Means (AOM) filed on 29 April2009
P1	First Affidavit for discovery filed on 24 September 2009
P2	First Affidavit for interrogatories filed on 18 November 2009
PAOM-2	2nd Affidavit of Assets and Means filed on 21 July 2010
P3	2nd Affidavit for discovery filed on 5 August 2010
PAOM-3	3rd Affidavit of Assets and Means filed on 6 September 2010
PS1	Plaintiff’s First written submissions dated 7 December 2010
PS2	Plaintiff’s Reply submissions dated 30 December 2010
PBA1	Plaintiff’s 1st Bundle of Documents /Authorities
PBA2	2nd Bundle of Documents/ Ancillary Fact and Position Sheet
PAOM-4	4th Affidavit of Assets and Means filed on 28 February 2011
PAOM-5	4th Affidavit of Assets and Means filed on 7 April 2011
PS3	Letter of 16 March 2011 from Plaintiff’s counsel
PS4	Letter of 7 April 2011 from Plaintiff’s counsel
PS5	Letter of 5 May 2011 from Plaintiff’s counsel
PS6	Letter of 16 May 2011 from Plaintiff’s counsel
PS7	Letter of 11 July 2011 from Plaintiff’s counsel
Husband
DAOM-1	1st Affidavit of Assets and Means (AOM) filed on 15 June 2009
D1	First Affidavit for discovery filed on 2 September 2009
D2	2nd Affidavit for discovery filed on 26 May 2010
DAOM-2	2nd Affidavit of Assets and Means filed on 11 August 2010
DAOM-3	3rd Affidavit of Assets and Means filed on 6 October 2010
DAOM-4	4th Affidavit of Assets and Means filed on 7 December 2010
DS1	Defendant’s First Submissions filed on 8 December 2010
DS2	Defendant’s Second submissions field on 30 December 2010
DBA2	Core Bundle of Documents field on 30 December 2010
DAOM-5	5th Affidavit of Assets and Means filed on 4 April 2011
DAOM-6	6th Affidavit of Assets and Means filed on 21 April 2011
DS4	Defendant’s submissions dated 17 August 2011
DS5	Defendant’s Letter to Court dated 12 September 2011
DS6	Defendant Counsel’s letter of 9 May 2011

The Ancillary Orders

The ancillary matters came for hearing before me, and I made the following orders:

Custody Care and Control and Access

(1) There shall be joint custody of the 2 minor children of the marriage, namely Serene Leong Yen Ling and Daniel Leong Kar Weng with care and control to the Plaintiff. The Defendant shall have reasonable access to the minor children of the marriage and shall liaise with the children directly on such access arrangements.

Maintenance

(2) The Defendant shall pay maintenance to the Plaintiff in the sum of S$1,400.00 per month with effect from 12th of November 2011 and thereafter on the 12th of every subsequent month into the Plaintiff’s designated bank account. (3) The Defendant shall pay maintenance to the Plaintiff for the two minor children of the marriage in the sum of S$3,200.00 per month with effect from 12th of November 2011 and thereafter on the 12th day of every subsequent month into the Defendant’s designated bank account. (4) The Defendant shall also pay the Plaintiff as maintenance for their daughter Serene Leong Yen Ling, half of her overseas university fees and related expenses, including lodging and one return air ticket home every year until their daughter completes her degree course For the avoidance of doubt, this particular order is to take effect from the date of enrolment of the said child in the said overseas university. (5) The Defendant shall pay the Plaintiff arrears of maintenance in the sum of S$26,155.00 within fourteen (14) days of this Order.

Matrimonial assets

(6) That all the Defendant’s rights, title and interest in the matrimonial property at No.3 Sin Ming Walk #04-30 The Gardens @ Bishan, Singapore 575575 shall be transferred to the Plaintiff for no cash consideration and no CPF refunds to the Defendant’s CPF account. For the avoidance of doubt, the Defendant shall not be required to make any refunds to his own CPF account. The transfer shall take place within three (3) months of the Order therein. The Plaintiff shall bear the costs and expenses of the transfer. (7) That all the Plaintiff’s rights, title and interest in the HDB flat known as Block 134 Teck Whye Lane #15-371, Singapore 680134 shall be transferred to the Defendant subject to the Defendant refunding to the Plaintiff’s CPF account all monies utilised towards the acquisition of the matrimonial flat together with accrued interest. The transfer is to be effected within 3 months of the date of this Order and the Defendant shall bear the costs and expenses of the said transfer. (8) The Registrar/Deputy Registrar of the Subordinate Courts, Singapore shall be empowered to sign or execute all documents necessary to effect the transfer of properties known as No. 3 Sin Ming Walk #04-30, The Gardens @ Bishan, Singapore 575575 and Block 134 Teck Whye Lane #15-371, Singapore 680134 on behalf of either party, should either party fail to execute the necessary documents despite being given 3 days written notice to do so. (9) The Defendant shall pay the Plaintiff the sum of S$232,400.00 in respect of the issue of the division of the remaining matrimonial assets. This sum (or any lesser sum as the CPF rules and regulations allow) shall be transferred from the Defendant’s CPF Ordinary, Medisave and Special Account to the Plaintiff’s CPF account according to the CPF’s prevailing rules and regulations. Any shortfall between the ordered amount and the transferred amount shall be paid by the Defendant to the Plaintiff in cash. (10) The CPF Board and the parties shall have liberty to apply (11) Costs fixed at $5,000.00 to be paid by Defendant to Plaintiff to be credited into the Plaintiff’s said POSB account within fourteen (14) days from the date of this Order.

The Defendant husband has appealed against my decision on the division of the matrimonial flat and properties, care and control of the children, maintenance for the wife and children and costs of the proceedings. He wants to have a higher share in the matrimonial flat, pay only 60 per cent of the children’s educational expenses and that there be no order as to costs. The husband also wants the option that the children move in with him to stay at the HDB flat and for the wife to repay to him the alleged overpayment of excessive interim maintenance of $54,000. I now set out the grounds for my decision.

Issue of Custody, Care and Control of the children

As the eldest child Kent Leong had already attained the age of majority, there was no issue of custody with regard to him. For the two younger children, both parties agreed to have joint custody. The wife sought for sole care and control of the two minor children with reasonable access to the husband but wanted it to be subject to the children’s wishes. Before me, the husband agreed to the wife having care and control of the children given that the children had been residing with the wife and the wife had been the primary care giver of the children. Based on this, he conceded that it was in the children’s best interest for the...