VNW v VNX [2021] SGHCF 1

Outcome: Orders made

Facts

1 The ancillary matters before the Court included the maintenance of the Children and the Wife.

Court’s Decision:

2 The High Court ordered the Husband to pay the Wife maintenance of $1,000 per month for herself, and $15,450 per month for the Children.

3 In exercising its powers to order maintenance for a former spouse under s 114 of the Women’s Charter 1961, the court must consider all the circumstances of the case including the matters listed in s 114(1) of the Women’s Charter 1961. The court must try to place the parties as far as possible in the financial position they would be in if the marriage had not broken down and parties had properly discharged their financial obligations and responsibilities to each other: at [126] and [128].

4 The court’s power to order maintenance for an ex-spouse is supplementary to its power to divide matrimonial assets, as maintenance is intended to even out any residual inequality in parties’ financial resources after the division exercise. In this case, the relevant circumstances or factors for consideration in determining whether maintenance should be paid and its amount include (a) the former wife’s receipt of a sufficient and valuable share of the matrimonial assets; and (b) the former husband’s failure to fully disclose his matters and assets: at [127] and [130].

5 While both parents are equally responsible for maintaining their children, the amount of child maintenance to be borne by each parent is dependent on the circumstances of each case: at [141].

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.