NI v NJ [2006] SGHC 198

Outcome: Ancillary orders made 

Facts

1 The parties were married for seven years with two daughters. The Wife was 49 years old, and had stopped work soon after parties’ marriage; the Husband was 61 years old, and was employed past the retirement age on a “goodwill” basis. The issues before the court involved maintenance for the Wife and Children, division of matrimonial assets, and costs of the proceedings.

Court’s Decision:

2 The court increased the Children’s maintenance and declined to raise the Wife’s maintenance, from the quantum of interim maintenance previously awarded. A proportion of the matrimonial assets, and costs of $8,000 including disbursements, were awarded to the Wife.

3 In assessing maintenance for the former wife, the court must consider her current earning capacity, assets, and all other financial resources (see s 114(1)(a) of the Women’s Charter). The wife must try her best to secure gainful employment and, if able, contribute to preserve her lifestyle pre-divorce: at [11].

4 S 114(2) of the Women’s Charter must be applied in a commonsense holistic manner that is consistent with and considers the new realities that follow a failed marriage. The Wife could not insist on continuing to enjoy an “expatriate” lifestyle after the breakdown of her marriage with the Husband. In the courts’ exercise of discretion to order maintenance, there must be adequate provision for the children and for each spouse’s needs, and ultimately, consideration for the overarching need to reach a just solution. With a positive attitude, the work skills held by the Wife would enable her to seek gainful employment, otherwise, the maintenance ordered could still allow her to live comfortably if used sensibly and in moderation. Consideration must also be given to the Husband’s age and uncertainty of his future employment and income prospects: at [14] to [17].

5 Although the party awarded costs at the hearing of a petition is generally entitled to the costs of the ancillary hearings, this may not be the case if that party has been unreasonable or has behaved inappropriately. The Wife was not allowed to recover costs for unnecessary work which had prolonged the proceedings: at [26].

The full text of the decision can be found here.

This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.