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
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Choo Han Teck | Judge of the High Court | Yes |
4. Counsels
4. Facts
- The husband is a 58-year-old UK citizen and former Singapore PR who worked as a director and is now retired.
- The wife is a 53-year-old Singapore citizen who is a homemaker turned early childhood educator.
- The parties were married on 16 June 2001 and have a 22-year-old son studying in the UK on a scholarship.
- The husband moved out of the home on 28 February 2021 and commenced divorce proceedings on 28 September 2022.
- The total value of the matrimonial assets is S$5,088,343.59.
- The wife's net monthly salary is S$1,280, while the husband is retired.
- The husband traveled extensively for work, requiring the wife to take care of the family on her own for extended periods.
5. Formal Citations
- XFD v XFE, Divorce (Transferred) No 4485 of 2022, [2024] SGHCF 43
6. Timeline
Date | Event |
---|---|
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
- 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
- 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
- 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
- Division of matrimonial assets
- Spousal maintenance
- Child maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Law
11. Industries
- No industries specified
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
WLL v WLM | Singapore High Court (Family Division) | Yes | [2023] SGHCF 19 | Singapore | Cited for the principle that an adverse inference is not meant to punish a party for failing to make full and frank disclosure. |
ANJ v ANK | Unknown | Yes | [2015] 4 SLR 1043 | Singapore | Cited regarding the division of matrimonial assets in single-income marriages. |
TNL v TNK | Unknown | Yes | [2017] 1 SLR 609 | Singapore | Cited 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 appeal | Singapore Court of Appeal | Yes | [2018] SGCA 78 | Singapore | Cited 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 WUJ | Unknown | Yes | [2024] 5 SLR 979 | Singapore | Cited for the principle that facts, rather than categories or labels, should drive the division process. |
Foo Ah Yan v Chiam Heng Chow | Unknown | Yes | [2012] 2 SLR 506 | Singapore | Cited 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 AXO | Singapore Court of Appeal | Yes | [2014] 2 SLR 705 | Singapore | Cited for the holding that section 127 of the Women's Charter is merely a procedural provision. |
BON and others v BOQ | Singapore Court of Appeal | Yes | [2018] 2 SLR 1370 | Singapore | Cited 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 WLB | Singapore Family Court | Yes | [2023] SGFC 8 | Singapore | Cited 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 VYU | Singapore Family Court | Yes | [2021] SGFC 129 | Singapore | Cited 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 Name | Jurisdiction |
---|---|
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 Charter | Singapore |
s 122 of the Women’s Charter | Singapore |
s 68 of the Women’s Charter | Singapore |
s 69 of the Women’s Charter | Singapore |
s 69(2) of the Women’s Charter | Singapore |
s 69(3) of the Women’s Charter | Singapore |
s 69(5) of the Women’s Charter | Singapore |
s 69(5)(c) of the Women’s Charter | Singapore |
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
Area Name | Relevance Score |
---|---|
Family Law | 100 |
Division of Matrimonial Assets | 95 |
Maintenance | 90 |
Maintenance (Wife) | 90 |
Maintenance (Child) | 90 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance