ALJ v ALK: Divorce, Custody, and Division of Matrimonial Assets
In the divorce case of *ALJ v ALK*, the High Court of Singapore, presided over by Justice Woo Bih Li on 26 August 2010, addressed ancillary matters including custody, care and control of the parties' two children, division of matrimonial assets, and maintenance for the Wife and children. The Husband initiated divorce proceedings citing the Wife's adultery, while the Wife counterclaimed alleging unreasonable behavior. The court granted joint custody to both parents, care and control to the Wife, ordered the Husband to pay US$3,600 as division of matrimonial assets, $1 per month as maintenance to the Wife, and $3,250 per month for the maintenance of the two children commencing 1 November 2010.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for joint custody, care and control to the Wife, division of matrimonial assets, and maintenance for the Wife and children.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning custody of two children, division of matrimonial assets, and maintenance. The High Court granted joint custody and care and control to the Wife.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Helen Chia | Helen Chia LLC |
| Rebecca Kool | Helen Chia LLC |
4. Facts
- The Husband and Wife married on 21 April 2005 and have two children.
- The Wife gave birth to a third child in 2008, but the Husband is not the father.
- The Husband commenced divorce proceedings in Singapore in July 2008.
- The Wife counterclaimed against the Husband, alleging unreasonable behaviour.
- The District Court granted interim judgment on 1 July 2009.
- Both parties are United States citizens and permanent residents of Singapore.
- The Husband travelled overseas frequently due to work commitments.
- The Wife worked as a property agent in Singapore.
- The Wife obtained an expedited Personal Protection Order against the Husband on 24 October 2007.
- The Husband removed the children from the matrimonial home without the Wife’s knowledge or consent on multiple occasions.
- The Husband was charged with forgery and criminal intimidation and fined $8,000.
- The Husband lost his job in May 2008 and is currently unemployed.
5. Formal Citations
- ALJ v ALK, Divorce Transfer No 3435 of 2008, [2010] SGHC 255
6. Timeline
| Date | Event |
|---|---|
| Parties came to Singapore. | |
| Parties married. | |
| Son born. | |
| Marriage started to deteriorate. | |
| Wife obtained an expedited Personal Protection Order against Husband. | |
| Husband left for California. | |
| Wife commenced divorce proceedings in California. | |
| Husband forged signatures to redirect mail. | |
| Husband returned to Singapore. | |
| District Judge granted order of interim custody, care and control to Wife. | |
| Husband sent death threats to the Third Party. | |
| Husband removed children from matrimonial home. | |
| Husband commenced divorce proceedings in Singapore. | |
| Husband removed children from matrimonial home. | |
| Wife gave birth to third child. | |
| Husband charged with forgery and criminal intimidation. | |
| District Court granted interim judgment. | |
| Husband successfully applied to vary the maintenance order. | |
| Social Welfare Report prepared. | |
| Wife's application for a PPO against Husband was dismissed. | |
| High Court made orders for ancillaries. | |
| Husband to pay monthly maintenance of $3,250 for the two children. |
7. Legal Issues
- Custody of Children
- Outcome: The court granted joint custody to both parents.
- Category: Substantive
- Related Cases:
- [2005] 3 SLR(R) 690
- Care and Control of Children
- Outcome: The court granted care and control to the Wife.
- Category: Substantive
- Related Cases:
- [1996] SGHC 113
- [1991] 1 SLR(R) 680
- [1999] 2 SLR(R) 392
- [1997] 3 SLR(R) 430
- Division of Matrimonial Assets
- Outcome: The court ordered the Husband to pay US$3,600 to the Wife.
- Category: Substantive
- Maintenance for Wife
- Outcome: The court ordered the Husband to pay $1 per month to the Wife.
- Category: Substantive
- Maintenance for Children
- Outcome: The court ordered the Husband to pay $3,250 per month for the maintenance of the two children commencing 1 November 2010.
- Category: Substantive
- Stay of Proceedings
- Outcome: The court declined to stay the proceedings.
- Category: Procedural
- Related Cases:
- [1987] AC 460
- [2009] 4 SLR(R) 428
8. Remedies Sought
- Divorce
- Custody of Children
- Care and Control of Children
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Children
9. Cause of Actions
- Divorce
- Adultery
- Unreasonable Behaviour
10. Practice Areas
- Divorce
- Family Law
- Child Custody
- Matrimonial Assets
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Spiliada Maritime Corporation v Cansulex Ltd | N/A | Yes | [1987] AC 460 | N/A | Cited for the established test for stay applications. |
| John Reginald Stott Kirkham v Trane US Inc | Court of Appeal | Yes | [2009] 4 SLR(R) 428 | Singapore | Cited for affirming the established test for stay applications. |
| Low Wing Hong Alvin v Kelso Sharon Leigh | N/A | Yes | [1999] 3 SLR(R) 993 | Singapore | Cited for the principle that it is more important for the same court to consider both the main divorce and the ancillary matters than to divide the issues to be decided in separate jurisdictions. |
| Mala Shukla v Jayant Amritanand Shukla | N/A | Yes | [2002] 1 SLR(R) 920 | Singapore | Cited for the principle that it is more important for the same court to consider both the main divorce and the ancillary matters than to divide the issues to be decided in separate jurisdictions. |
| CX v CY | Court of Appeal | Yes | [2005] 3 SLR(R) 690 | Singapore | Cited for the principle that recent decisions have been inclined towards making joint or no custody orders due to the need to ensure that the child becomes attached to both parents. |
| Tay Eng Hwa v Kwok Wai Ming | High Court | Yes | [1996] SGHC 113 | Singapore | Cited for the principle that where a child has become accustomed to living with one parent ever since the parties separated and there was no compelling reason to change the status quo. |
| Wong Phila Mae v Shaw Harold | N/A | Yes | [1991] 1 SLR(R) 680 | Singapore | Cited for the principle that the court decided not to transfer the custody of the children from the father to the mother who was based overseas since the children were already placed in schools here and were in the course of settling down in their studies. |
| Lim Chin Huat Francis v Lim Kok Chye Ivan | N/A | Yes | [1999] 2 SLR(R) 392 | Singapore | Cited for the principle that the court decided not to order an infant to be removed from her present guardians as she had been well cared for and should continue living with them in order to minimise any emotional upheavals. |
| Soon Peck Wah v Woon Che Chye | Court of Appeal | Yes | [1997] 3 SLR(R) 430 | Singapore | Cited for the principle that where all the factors are equal between the parties, care and control of a child of tender years should be with the mother. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) ss 465 | Singapore |
| Penal Code (Cap 224, 2008 Rev Ed) ss 506 | Singapore |
| Guardianship of Infants Act (Cap 122, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Custody
- Care and Control
- Matrimonial Assets
- Maintenance
- Divorce
- Ancillary Matters
- Interim Judgment
- Personal Protection Order
- Stay of Proceedings
- Joint Custody
15.2 Keywords
- divorce
- custody
- matrimonial assets
- maintenance
- Singapore
- family law
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Child Custody
- Matrimonial Assets
- Maintenance