Chua Chwee Thiam v Lim Annie

• Jurisdiction: Singapore
• Judgment Date: 13 April 1989
• Date: 13 April 1989
• Docket Number: Divorce No 139 of 1981
• Court: High Court (Singapore)

Chua Chwee Thiam

Plaintiff

and

Lim Annie

Defendant

[1989] SGHC 38

Chan Sek Keong J

Divorce No 139 of 1981

High Court

Family Law–Maintenance–Agreement specifying financial arrangements in divorce proceedings–Variation of agreement by court–Adverse change in financial circumstances of petitioner–Whether evidence of adverse change sufficient–Whether agreement should be suspended or varied

The petitioner husband and respondent wife signed an agreement setting out the financial arrangements pursuant to their divorce in 1982. In 1987, the husband petitioned the court to revoke the agreement on the ground that he was “financially stretched”.

Held, allowing the application:

(1) The petitioner had produced sufficient evidence to show that there had been a material adverse change in his financial situation at the date of his petition. His three credit cards had been cancelled, he was unable to pay his tax arrears and his company had been placed under receivership: at [6].

(2) The respondent, on the other hand, was well-off. She received 60% of the lump sum payment of $150,000, owned two prime properties and drove a luxury car: at [6].

(3) Clause 2 of the agreement would be suspended from the date of the petition except for cl 2 (d) on monthly contributions for food and household provisions which was reduced from $1,000 to $500 per month: at [6].

K Y Choy (K Y Choy & Co) for the petitioner

Lee Han Tiong (Lee & Lee) for the respondent.

Judgment reserved.

Chan Sek Keong J

1 This is an application made on 4 June 1987 by the petitioner to revoke an agreement dated 20 March 1982 (“the agreement”) entered into between the petitioner and the respondent setting out the financial arrangements between them in the divorce proceedings. Under cl 1 of the agreement, the petitioner agreed to (and did) pay a capital sum of $150,000 in instalments to the respondent (60%) and their daughter (40%) who was born on 28 December 1965. Under cl 2 of the agreement, the petitioner agreed to pay the respondent until she remarries, and the daughter until she marries, the following:

(a) the monthly sum of $3,500 and $1,500 respectively, tax free;

(b) all medical and dental expenses, including costs of hospitalisation;

(c) all monthly outgoings in respect of the respondent's flat known as 19E Grange Heights, Singapore;

(d) all food and other household provisions not exceeding $1,000 per month;

(e) all monthly instalment payable in respect...