TBV v TBW

• Court: Family Court (Singapore)
• Judge: Masayu Norashikin
• Judgment Date: 15 April 2015
• Neutral Citation: [2015] SGFC 44
• Citation: [2015] SGFC 44
• Docket Number: Divorce No. 200 of 2014
• Hearing Date: 10 February 2015,27 November 2014
• Plaintiff Counsel: Ms Tan Gee Tuan (M/s Gee Tuan Tan)
• Defendant Counsel: Ms Anne Wong (M/s Hin Tat Augustine & Partners)
• Subject Matter: Catchwords: "Family law,assisted access at Centre for Family Harmony,nominal maintenance for wife to preserve the wife's right to maintenance if there is change of circumstances"
• Published date: 09 June 2015

District Judge Masayu Norashikin: Background

Parties were married in June 2007. There are 2 children to the marriage, aged 4 and 2 years old at the time of the ancillary matters hearing before me. The Plaintiff was the husband in this case and obtained Interim Judgment on 11 June 2014 dissolving the marriage by reason of the Defendant wife behaving in such a way that the Plaintiff could not be expected to live with her. The marriage had therefore lasted 7 years.

The Plaintiff husband was 36 years old and working as a xxx earning a take-home salary of $2,399. The wife was 34 years old and working as a xxx earning a take-home salary of about $3,784.

At the time of ancillary matter hearing before me, interim orders were in place in respect of the 2 children as follows:- The Plaintiff and the Defendant shall have joint custody of the two children. The Plaintiff shall have interim access by way of assisted access at the Centre for Family Harmony (CFH) once a week for a period of 2 hours for at least 4 sessions. The costs of the sessions to be shared equally between the parties.

In addition, I had also heard and decided the wife’s application for maintenance for the (children) which was made by way of a maintenance summons under section 69 of the Women’s Charter. The orders made on 16 October 2014 were: The husband shall pay the wife the sum of $1,200 per month for the maintenance of the 2 children, with effect from 17 October 2014 and thereafter on the 17th day of each month. Such payment to be deposited into the wife’s bank account. In addition, the husband shall pay the elder child’s school and childcare fees from the child’s Children’s Development Account and the insurance premiums for the children’s hospitalisation policies. The order were made without prejudice to parties’ positions at the ancillary matters hearing in the divorce proceedings.

In making the maintenance orders above, I informed parties that I accepted the wife’s submissions that the husband has the income earning capacity of between $4,000 to $5,000. The husband’s salary in his previous job and his initial salary in his current job were both $5,000 a month. However, he had, in his current job, allegedly suffered a paycut of $1,000 in December 2013, and a further paycut of $1,000 in April 2014. I also informed them that the maintenance amount ordered was 80% of the children’s reasonable expenses of $1,600, excluding the elder child’s school and childcare fees. Parties did not appeal against the maintenance order. In any event, the ancillary matters in the divorce were heard only one month after the maintenance order was made.

Ancillary matters orders

The ancillary matters were custody, care and control of the children, maintenance for the children and the wife, and the division of matrimonial assets. I heard submissions from parties’ respective counsels on 27 November 2014 and reserved my decision.

On 10 February 2015, I gave the following orders. Parties shall have joint custody of the 2 children of the marriage, B (born on 23 January 2010) and C (born on 12 February 2012), with care and control to the Defendant. The Plaintiff shall have assisted access to the children at the Centre for Family Harmony once a week for 2 hours each. There shall be a review after 8 sessions of assisted access, and the sessions are to continue pending review. Parties are to bear the costs of assisted access equally. The Plaintiff shall pay the Defendant $1,350 per month for the maintenance of the two children. Payment shall be deposited into the Defendant’s DBS Savings Plus bank account number xxx on the 17th day of each month. In addition, the Plaintiff shall continue to pay for the children’s ‘Healthshield Gold Max A’ hospitalisation plan. C’s Children’s Development Account (currently held jointly with the Plaintiff) shall be transferred to the Defendant. The Plaintiff shall pay the Defendant $1 per month as her maintenance with effect from 17 February 2015 and thereafter on the 17th day of each month. Payment shall be deposited into the Defendant’s DBS Savings Plus bank account number xxx. The matrimonial flat at xxx shall be sold in the open market within 6 months of the date of the Certificate of Final Judgment. The proceeds of sale shall be used to pay the outstanding mortgage loan and the costs and expenses of sale. Thereafter, the balance shall be divided 57% to the Defendant and 43% to the Plaintiff. Parties shall refund their respective CPF accounts of all monies utilised for the purchase of the flat together with accrued interest from their respective shares. Parties shall have joint conduct of the sale. The Defendant shall have the first option to purchase the Plaintiff’s share in the matrimonial flat upon payment of sum equivalent to 43% of the net value of the flat. Net value shall be determined by the market value of the flat less the outstanding mortgage loan. The Defendant shall also take over the outstanding mortgage loan. The option shall be exercised within 3 months of the date of this order. The Plaintiff shall refund his CPF account of all monies utilised for the purchase of the flat including accrued interest from such payment. In the event the payment from the Defendant is insufficient to make a full refund to the Plaintiff’s CPF account, the Defendant shall make a partial refund to his CPF account of the entire payment from the Defendant. The Plaintiff shall continue to pay the utilities bill of the matrimonial flat until its sale or transfer. The OCBC and POSB joint accounts in the parties’ names shall be closed. The balance outstanding in the OCBC joint account shall be divided equally. The balance outstanding in the POSB joint account shall be retained by the Plaintiff. Each party shall retain assets in his/her sole name. Liberty to apply. Costs fixed at $2,500 for the divorce, to be paid by the Defendant to the Plaintiff forthwith. No order as to costs for the ancillary matters.

I had, in making the orders, also given to the parties brief reasons which I set out below and which I intend to rely on.

“Brief reasons

Children

1. No reason to change the custody, care and control and access orders. Children are still in a period of transition, in their best interests to continue with the present care arrangements. Will need further assisted access sessions before the present arrangement can be assessed and reviewed. 2. Maintenance amount increased, bearing in mind C’s increase in school fees and the children’s share of household expenses. CDA account has to be transferred to the Defendant who is the parent with care and control. Observations in the MSS proceedings in respect of the Plaintiff’s income earning capacity still stands. However, given that parties are divorced and living in 2 separate households, the Defendant may have to adjust her expectations and expenditure accordingly.

Matrimonial flat

3. I find that parties’ direct contributions were as follows:

Pf’s CPF (principal)	$148,244.35
Df’s CPF (principal)	$108,247.00	I have discounted the $20,000 payment made by the Df in April 2014, after divorce proceedings commenced
Pf’s cash	$5,005.35
Renovations	$17,78...