WJW v WJX [2023] SGHCF 21

Outcome: Appeal dismissed in part, allowed in part.

Facts

1            Wife opted to buy out the Husband’s share in the matrimonial flat within two months from the date of the order. However, because of counsel’s oversight, the extracted order of court contained no order granting care and control of the Children to the Wife, although that order was made.  The deadline lapsed by a month by the time the Wife obtained the requisite documentation and the Husband refused to agree to the transfer.

Court’s Decision:

2            The DJ declined to exercise his discretion under s 112(4) of the Women’s Charter because the only reason given for the variation was a breach of the court ordered deadline. Under the order, the Wife had two options — to buy over the Husband’s share in the matrimonial home within two months, or to sell it in the open market within six months. The Wife breached the deadline under the first option, thus forfeiting her rights under it.: at [6].

3            Where a sale of property is concerned, the market conditions of the day are significant. Although parties may sometimes agree that a sale be deferred to a later date when the value of the matrimonial asset might be higher, unless they had agreed to a floating value, they may not be bound to a fixed value when that value had changed beyond the date that they were reasonably expected to complete the transfer.: at [7].

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.