Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond van den Brande

Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond van den Brande

The Bali property must be sold and proceeds divided equally; the wife is granted sole conduct of the sale because she holds original documents and occupies the property, sale to be completed within three months; transfer of the husband’s share or escrow arrangement was refused as impracticable given parties’...

Source-derived case information.

Citation
[2013] SGHC 256
Parties
Plaintiff/wife: Sigrid Else Roger Marthe Wauters; Defendant/husband: Lieven Corneel Leo Raymond van den Brande
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
22 November 2013
Case Number
Divorce Transferred No 3195 of 2009 (Summonses Nos 4285 & 5164 of 2012 and Summonses Nos 3882 & 5502 of 2013)
Procedural Posture
Divorce (ancillary Matters) / Chambers Hearing on Variation of Maintenance and Ancillary Applications (summonses)
Outcome
Summonses disposed: Bali Property to be sold within three months with wife given sole conduct; maintenance retained at $14,000 per month payable on 15th; husband to pay arrears; certain affidavit material expunged; Mercator sum set off against husband’s share; no costs ordered.
Legal Topics
Maintenance Variation, Sale and Conduct of Sale of Matrimonial Property, Liberty to Apply, Set Off of Debt Against Property Proceeds, Without Prejudice Privilege, Expungement of Affidavit Content, Adjournment and Timetable/orders
Source Language
english
Family Law Civil Procedure Property Law Evidence Maintenance Variation Sale and Conduct of Sale of Matrimonial Property Liberty to Apply Set Off of Debt Against Property Proceeds +3 more

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Parties

Sigrid Else Roger Marthe Wauters

Plaintiff/wife

Lieven Corneel Leo Raymond van den Brande

Defendant/husband

Procedural Posture

Divorce (ancillary Matters) / Chambers Hearing on Variation of Maintenance and Ancillary Applications (summonses)

Legal Issues

  1. 1 Whether the Bali property should be sold or the husband’s share transferred to the wife by way of set-off against maintenance
  2. 2 Who should have conduct of the sale of the Bali property
  3. 3 Whether the husband’s maintenance obligations should be varied or suspended pending the wife securing alternative accommodation

Ratio Decidendi

The Bali property must be sold and proceeds divided equally; the wife is granted sole conduct of the sale because she holds original documents and occupies the property, sale to be completed within three months; transfer of the husband’s share or escrow arrangement was refused as impracticable given parties’ financial positions; maintenance is to remain at $14,000 per month payable on the 15th with arrears to be made good; specified affidavit material was expunged for being without prejudice; the outstanding Mercator insurance sum is set off against the husband’s share of sale proceeds.

Court Disposition

Summonses disposed: Bali Property to be sold within three months with wife given sole conduct; maintenance retained at $14,000 per month payable on 15th; husband to pay arrears; certain affidavit material expunged; Mercator sum set off against husband’s share; no costs ordered.

Orders

  • Bali Property to be sold within three months from date of judgment
  • Wife to have sole conduct of the sale