WTS v WTR: Division of Matrimonial Assets and Maintenance Dispute
In the case of WTS v WTR, heard in the General Division of the High Court (Family Division) of Singapore, Justice Choo Han Teck addressed appeals by both the Wife and the Husband regarding the District Judge's decision on the division of matrimonial assets and maintenance. The Husband filed for divorce on 11 April 2022, and the Interim Judgment was granted on 29 June 2022. The court upheld the 79-21 split of matrimonial assets in favor of the Husband, but adjusted the Wife's maintenance to $2,000 per month for 24 months and ordered the Wife to pay a lump sum of $19,720 for the child's maintenance.
1. Case Overview
1.1 Court
General Division of the 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
Divorce case concerning the division of matrimonial assets and maintenance for the wife and child. The court adjusted the maintenance amounts and upheld the asset division.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Nur Amalina Binte Kamal | Ika Law LLC |
| Anuradha d/o Krishan Chand Sharma | Winchester Law LLC |
4. Facts
- The Wife and Husband were married on 29 October 2007 in Singapore.
- The Husband filed for divorce on 11 April 2022.
- The Wife has a bachelor’s degree in Travel & Tourism Management.
- The Husband worked as an IT Project Manager with a gross monthly income of $15,555.
- The Husband left the matrimonial home with the child in August 2019.
- The District Judge gave his decision on 7 November 2023.
- The parties attempted but ultimately failed to reach a full settlement.
5. Formal Citations
- WTS v WTR and another appeal, District Court Appeal No 116 of 2023, [2024] SGHCF 33
- WTS v WTR and another appeal, District Court Appeal No 30 of 2024, [2024] SGHCF 33
6. Timeline
| Date | Event |
|---|---|
| Parties married in Singapore | |
| Husband left the matrimonial home with the child | |
| Husband filed for divorce | |
| Interim Judgement granted by consent | |
| District Judge gave his decision | |
| Judgment reserved | |
| Judgment reserved | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court upheld the District Judge's determination of the matrimonial pool with some adjustments, including adding $10,000 for undisclosed jewellery.
- Category: Substantive
- Sub-Issues:
- Valuation of matrimonial flat
- Exclusion of pre-marital assets
- Dissipation of assets
- Valuation of Wife's jewellery
- Related Cases:
- [2002] 2 SLR(R) 616
- [2022] SGFC 27
- [2020] 2 SLR 588
- [2017] 1 SLR 609
- [2015] 4 SLR 1043
- [2017] 4 SLR 921
- [2024] SGHCF 25
- Wife's Maintenance
- Outcome: The court maintained the duration of 24 months but increased the monthly payment to $2,000, resulting in a lump sum maintenance of $48,000.
- Category: Substantive
- Sub-Issues:
- Multiplier for maintenance
- Earning capacity of wife
- Child's Maintenance
- Outcome: The court found that the Wife should bear 10% of the child’s expenses, ie, $170 per month, in line with the parties’ respective earning capacities. The Wife should pay the child’s maintenance in a lump sum to allow for a clean break, in case the Wife leaves for India. The payments shall cover the period of December 2023 (as ordered by the DJ) to September 2033 (when the child turns 21 years’ old), ie, around 116 months. This adds up to $19,720.
- Category: Substantive
- Sub-Issues:
- Reasonable expenses of child
- Proportion of expenses borne by each parent
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Child
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Neo Mei Lan Helena v Long Melvin Anthony (Yeo Bee Leong, co-respondent) | N/A | Yes | [2002] 2 SLR(R) 616 | Singapore | Cited regarding the application of CPF funds towards purchasing the matrimonial flat under Section 112(10)(a)(i) of the Women’s Charter. |
| WBN v WBO | N/A | Yes | [2022] SGFC 27 | Singapore | Cited regarding the evidential challenge in discerning pre- and post-marital assets when they are commingled. |
| USB v USA | N/A | Yes | [2020] 2 SLR 588 | Singapore | Cited regarding the burden of proof on the Husband to show that the parties did not touch the pre-marital portions of the POSB bank account and his CPF account. |
| TNL v TNK | N/A | Yes | [2017] 1 SLR 609 | Singapore | Cited regarding the principle that expended matrimonial money must be returned to the matrimonial pool when divorce proceedings are imminent, unless the sum is not substantial. |
| ANJ v ANK | N/A | No | [2015] 4 SLR 1043 | Singapore | Cited regarding the division framework, but the court found that the framework in TNL v TNK should have been used instead. |
| UBM v UBN | N/A | Yes | [2017] 4 SLR 921 | Singapore | Cited regarding the definition of a single-income marriage. |
| WUI v WUJ | N/A | Yes | [2024] SGHCF 25 | Singapore | Cited regarding the duration from the commencement of the marriage to the date of separation in dividing the matrimonial assets. |
| VHY v VHZ | N/A | No | [2020] SGFC 45 | Singapore | Cited regarding the moneys in the joint account between her and the child should be excluded from the matrimonial pool, but the judge disagreed as the source of moneys was from her and the same could be withdrawn by her. |
| VRJ v VRK | N/A | No | [2024] SGHCF 29 | Singapore | Cited regarding the parties in this case intended the money to form the child’s savings. |
| UYQ v UYP | N/A | Yes | [2020] 1 SLR 551 | Singapore | Cited regarding the parties’ marriage was a calculative commercial relationship rather than a partnership of love and give-and-take. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter 1961 | Singapore |
| Guardianship of Infants Act 1934 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Maintenance
- Division Ratio
- Single-Income Marriage
- Dissipation of Assets
- Lump Sum Maintenance
- Earning Capacity
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Division of Matrimonial Assets | 90 |
| Maintenance | 85 |
| Maintenance (Wife) | 80 |
| Maintenance (Child) | 80 |
| Child Custody | 60 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance