UE v UF

UE v UF

The court found the wife's documentary evidence more credible, concluded the Company funded mortgage payments and that the husband had withdrawn and failed to account for substantial sums; accordingly the matrimonial property and net proceeds were apportioned equally (wife 50%), the husband was ordered to discharge the mortgages and overdraft, the wife was awarded $290,000 as her share of undisclosed/undeclared assets to be deducted from the husband's share together with maintenance arrears, and the monthly maintenance orders were fixed as stated.

Citation
[2007] SGHC 134
Parties
Petitioner (wife): UE; Respondent (husband): UF
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
23 August 2007
Case Number
DT 2914/2005
Procedural Posture
Divorce (ancillary Matters) / Ancillary Matters Hearing and Decision (high Court)
Outcome
Ancillary relief granted with specified orders on maintenance, division of matrimonial assets, discharge of mortgages, custody and costs.
Legal Topics
Adultery, Division of Matrimonial Assets, Maintenance, Custody and Care and Control, Non Disclosure and Dissipation of Assets, Mortgage Liabilities, Enforcement of Maintenance
Source Language
English
Family Law Matrimonial Property Maintenance Child Custody Company Law (as It Affects Matrimonial Assets) Adultery Division of Matrimonial Assets Custody and Care and Control +3 more

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Parties

UE

Petitioner (wife)

UF

Respondent (husband)

Procedural Posture

Divorce (ancillary Matters) / Ancillary Matters Hearing and Decision (high Court)

Legal Issues

  1. 1 Proper apportionment of matrimonial property given contributions and company funding
  2. 2 Whether husband dissipated or failed to disclose assets and effect on division
  3. 3 Appropriate quantum of maintenance for wife and children and method of enforcement

Ratio Decidendi

The court found the wife's documentary evidence more credible, concluded the Company funded mortgage payments and that the husband had withdrawn and failed to account for substantial sums; accordingly the matrimonial property and net proceeds were apportioned equally (wife 50%), the husband was ordered to discharge the mortgages and overdraft, the wife was awarded $290,000 as her share of undisclosed/undeclared assets to be deducted from the husband's share together with maintenance arrears, and the monthly maintenance orders were fixed as stated.

Court Disposition

Ancillary relief granted with specified orders on maintenance, division of matrimonial assets, discharge of mortgages, custody and costs.

Orders

  • Husband to pay monthly maintenance of $2,000 for the children and $3,500 to the wife (which included $2,500 for household expenses) commencing 1 June 2007.
  • Parties to have an equal share in the net sale proceeds of the matrimonial property after refund of each party's CPF contributions utilised in the purchase, but $290,000 to be deducted from the husband's share together with the arrears of maintenance amounting to $46,060.