CYX v CYY

CYX v CYY

The DJ materially miscalculated the parties' direct financial contributions; having reviewed the evidence and taken custody and care of the children into account, the High Court re-apportioned the net proceeds of sale of the matrimonial flat 50:50 and ordered the wife to contribute $500 per month towards the children's maintenance.

Citation
[2003] SGHC 29
Parties
Husband (appellant): CYX; Wife (respondent): CYY
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
19 February 2003
Case Number
DIV P227/2000,RAS 720089/02
Procedural Posture
Divorce (ancillary Matters) Appeal / High Court Appeal From District Judge's Ancillary Orders
Outcome
Appeal allowed in part; District Judge's apportionment and maintenance orders varied
Legal Topics
Ancillary Orders, Division of Matrimonial Assets, Apportionment of Proceeds of Sale of Matrimonial Flat, Custody as a Factor in Asset Division, Quantum of Child Maintenance, Contribution by Non Custodial Spouse Towards Child Maintenance
Source Language
English
Family Law Divorce Child Custody Maintenance Property Division Ancillary Orders Division of Matrimonial Assets Apportionment of Proceeds of Sale of Matrimonial Flat +3 more

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Parties

CYX

Husband (appellant)

CYY

Wife (respondent)

Procedural Posture

Divorce (ancillary Matters) Appeal / High Court Appeal From District Judge's Ancillary Orders

Legal Issues

  1. 1 Whether the District Judge miscalculated the parties' direct financial contributions to the matrimonial flat and the effect on apportionment
  2. 2 Whether custody and care of the children being with the husband should influence apportionment of the matrimonial property
  3. 3 Whether the wife should be ordered to contribute to the children's maintenance where the husband has custody

Ratio Decidendi

The DJ materially miscalculated the parties' direct financial contributions; having reviewed the evidence and taken custody and care of the children into account, the High Court re-apportioned the net proceeds of sale of the matrimonial flat 50:50 and ordered the wife to contribute $500 per month towards the children's maintenance.

Court Disposition

Appeal allowed in part; District Judge's apportionment and maintenance orders varied

Orders

  • Matrimonial flat to be sold in the open market and net proceeds divided 50% to the husband and 50% to the wife
  • Each party to reimburse his or her respective CPF account from his or her share of the proceeds