VJQ v VJP: Division of Matrimonial Assets and Child Maintenance Dispute

This is a cross-appeal before the High Court (Family Division) regarding ancillary orders made by the District Judge Cheryl Koh in a divorce case between VJQ and VJP. The main disputes concern the division of matrimonial assets and child maintenance. The court excluded the Primefield shares and the undisbursed housing loan for the Botanique apartment from the matrimonial assets. The court ordered that the children’s monthly maintenance be payable on the 3rd instead of the 23rd of each month. Each party is to pay its own costs.

1. Case Overview

1.1 Court

High Court (Family Division)

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Cross-appeals regarding division of matrimonial assets and child maintenance. The court excluded Primefield shares and undisbursed loan from assets.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
VJPRespondent, AppellantIndividualAppeal allowed in partPartial
VJQAppellant, RespondentIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Low Hong QuanSilvester Legal LLC
Sara AzizSilvester Legal LLC
Oh Kim Heoh MimiEthos Law Corporation

4. Facts

  1. The parties are in agreement that the Wife will transfer her share in their Tampines HDB flat to the Husband.
  2. The Husband will transfer his share in their condominium apartment (known as “The Botanique”) to the Wife.
  3. The Wife will pay the outstanding mortgage on the apartment.
  4. The parties agreed that no maintenance shall be paid by the Husband to the Wife.
  5. The Husband wishes to exclude two groups of assets from the matrimonial pool.
  6. The first group consists of three bank accounts (two of which are in the joint names of the Husband and his mother).
  7. The second group consists of the shares in a company called “Primefield” which the DJ valued at $140,000.

5. Formal Citations

  1. VJQ v VJP, District Court Appeal No 28 of 2020, [2020] SGHCF 13
  2. VJQ v VJP, District Court Appeal No 30 of 2020, [2020] SGHCF 13

6. Timeline

DateEvent
Ancillary hearing
Period for backdated maintenance begins
Period for backdated maintenance ends
Judgment reserved
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court excluded the Primefield shares and the undisbursed housing loan for the Botanique apartment from the matrimonial assets.
    • Category: Substantive
    • Related Cases:
      • [2012] 4 SLR 785
  2. Child Maintenance
    • Outcome: The court ordered that the children’s monthly maintenance be payable on the 3rd instead of the 23rd of each month.
    • Category: Substantive

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Family Law
  • Divorce
  • Child Support

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Hwee Lee v Tan Cheng Guan and another appeal and another matterCourt of AppealYes[2012] 4 SLR 785SingaporeCited for the principle that the total housing loan granted for a property is considered an outstanding liability even if a portion of the loan has yet to be disbursed.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Division of assets
  • Child maintenance
  • Primefield shares
  • Undisbursed loan
  • Botanique apartment

15.2 Keywords

  • family law
  • divorce
  • matrimonial assets
  • child maintenance
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law100
Matrimonial Assets95
Maintenance90
Maintenance (Child)90
Child Custody70

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Maintenance