XFD v XFE: Division of Matrimonial Assets, Wife & Child Maintenance

In the divorce case of *XFD v XFE*, the Family Division of the High Court of Singapore, presided over by Choo Han Teck J, addressed the division of matrimonial assets and maintenance for the wife and child. The court ordered a 55-45 split of matrimonial assets in favor of the husband, spousal maintenance of S$1,000 per month for two years, and child maintenance to cover the son's insurance policies during his university education. The court determined that it had the power to order maintenance for a child above 21 years old attending university.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Orders made for division of matrimonial assets and spousal and child maintenance.

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 ordered a 55-45 asset split and spousal maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
XFDPlaintiffIndividualPartialPartial
XFEDefendantIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

4. Facts

  1. The husband is a 58-year-old UK citizen and former Singapore PR who worked as a director and is now retired.
  2. The wife is a 53-year-old Singapore citizen who is a homemaker turned early childhood educator.
  3. The parties were married on 16 June 2001 and have a 22-year-old son studying in the UK on a scholarship.
  4. The husband moved out of the home on 28 February 2021 and commenced divorce proceedings on 28 September 2022.
  5. The total value of the matrimonial assets is S$5,088,343.59.
  6. The wife's net monthly salary is S$1,280, while the husband is retired.
  7. The husband traveled extensively for work, requiring the wife to take care of the family on her own for extended periods.

5. Formal Citations

  1. XFD v XFE, Divorce (Transferred) No 4485 of 2022, [2024] SGHCF 43

6. Timeline

DateEvent
Parties married
Husband moved out of the home
Divorce proceedings commenced
Husband stopped giving maintenance to Wife
Interim judgment granted
Ancillary matters hearing
Judgment reserved
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a 55-45 split of the matrimonial assets in favor of the husband.
    • Category: Substantive
    • Related Cases:
      • [2023] SGHCF 19
      • [2015] 4 SLR 1043
      • [2017] 1 SLR 609
      • [2018] SGCA 78
      • [2024] 5 SLR 979
  2. Spousal Maintenance
    • Outcome: The court ordered the husband to pay the wife S$1,000 per month for the next two years in a lump sum, as well as for the period from April 2023 to September 2024, totaling S$42,000.
    • Category: Substantive
    • Related Cases:
      • [2012] 2 SLR 506
  3. Child Maintenance
    • Outcome: The court ordered the husband to pay 89% of the son's insurance policies per month for three years as a lump sum totalling S$7,338 to the Wife.
    • Category: Substantive
    • Related Cases:
      • [2014] 2 SLR 705
      • [2018] 2 SLR 1370
      • [2023] SGFC 8
      • [2021] SGFC 129

8. Remedies Sought

  1. Division of matrimonial assets
  2. Spousal maintenance
  3. Child maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
WLL v WLMSingapore High Court (Family Division)Yes[2023] SGHCF 19SingaporeCited for the principle that an adverse inference is not meant to punish a party for failing to make full and frank disclosure.
ANJ v ANKUnknownYes[2015] 4 SLR 1043SingaporeCited regarding the division of matrimonial assets in single-income marriages.
TNL v TNKUnknownYes[2017] 1 SLR 609SingaporeCited for the trend of asset-division in past cases of single-income marriages and to prevent a non-working spouse from being doubly disadvantaged in the division process.
BOR v BOS and another appealSingapore Court of AppealYes[2018] SGCA 78SingaporeCited for the general award of 35% to 40% of matrimonial assets to the homemaker wife for marriages of around 15–18 years and equal division for marriages of 26 years and more.
WUI v WUJUnknownYes[2024] 5 SLR 979SingaporeCited for the principle that facts, rather than categories or labels, should drive the division process.
Foo Ah Yan v Chiam Heng ChowUnknownYes[2012] 2 SLR 506SingaporeCited for the principle that courts regularly consider the value of assets to which the Wife is entitled after division when assessing the appropriate quantum to be ordered.
AXM v AXOSingapore Court of AppealYes[2014] 2 SLR 705SingaporeCited for the holding that section 127 of the Women's Charter is merely a procedural provision.
BON and others v BOQSingapore Court of AppealYes[2018] 2 SLR 1370SingaporeCited for the principle that a parent’s obligation to maintain a child extends to when the child is in university, but with adjustments made for other sources of income such as scholarships and bursaries.
WLA v WLBSingapore Family CourtYes[2023] SGFC 8SingaporeCited as a case that the court respectfully declines to follow in so far as it holds that s 127 of the WC restricts the court from granting maintenance to a child above 21.
VYT v VYUSingapore Family CourtYes[2021] SGFC 129SingaporeCited as a case that the court respectfully declines to follow in so far as it holds that s 127 of the WC restricts the court from granting maintenance to a child above 21.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter 1961 (2020 Rev Ed)Singapore
s 113 of the Women’s Charter 1961 (2020 Rev Ed)Singapore
s 127 of the Women’s CharterSingapore
s 122 of the Women’s CharterSingapore
s 68 of the Women’s CharterSingapore
s 69 of the Women’s CharterSingapore
s 69(2) of the Women’s CharterSingapore
s 69(3) of the Women’s CharterSingapore
s 69(5) of the Women’s CharterSingapore
s 69(5)(c) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Single-income marriage
  • Spousal maintenance
  • Child maintenance
  • Homemaker
  • Interim judgment
  • Lump sum maintenance

15.2 Keywords

  • Divorce
  • Matrimonial assets
  • Spousal maintenance
  • Child maintenance
  • Family law
  • Singapore

17. Areas of Law

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance