THN v THO
Court | Family Court (Singapore) |
Judge | Suzanne Chin |
Judgment Date | 30 October 2015 |
Neutral Citation | [2015] SGFC 133 |
Citation | [2015] SGFC 133 |
Docket Number | D4472 of 2014 |
Published date | 18 November 2015 |
Hearing Date | 10 September 2015,23 September 2015 |
Plaintiff Counsel | Ms A C Shone (A C Shone & Co.) |
Defendant Counsel | Ms Jeanny Ng (Jeanny Ng) |
Subject Matter | Ancillary matters, division of matrimonial property |
This judgement is made respect of orders on ancillary matters in D4472/2014. After hearing from the parties, I made orders on the issues of custody, care and control and access to the child, division of matrimonial property and maintenance for the wife and child. In respect of the matrimonial assets, I made the following orders:
“In full and final settlement of all issues relating to the division of matrimonial property:
The parties were married on 18 May 1987 and Interim Judgement for divorce was granted on 28 October 2014 on the basis of four years separation. This was a marriage which had lasted for 27 years.
The Plaintiff wife (“Wife”) is 61 years old and is a food centre worker while the Husband is 66 years old and works as a cleaner. They have a 19 year old son. At the hearing, the parties were in agreement on all of the issues relating to the child and I recorded a consent order in this regard. The issues that remained to be determined in chambers at the ancillary hearing concerned the division of matrimonial assets which included the matrimonial flat as well as maintenance for the Wife.
Division of the Matrimonial Pool Position of each partyThe Wife was the sole owner of the matrimonial flat and she asked that she be allowed to retain the matrimonial flat. Since the Husband was named as an occupier, she was also asking that the court orders that the Husband’s name be removed as occupier with no consideration to him. While the Husband was agreeable to being removed as occupier, he was asking that a sum of $64,141.50 be paid to him.
The Law The duty of the court in the division of matrimonial assets is to consider all the circumstances of the case including the following factors as provided in s 112(2) of the Women’s Charter (“the Charter”):
In exercising its powers, “the court would adopt a broad brush approach to the issue and make a determination on the basis of what the court considers as a just and equitable division (
In the recent case of
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