WQG v WQF [2024] SGHCF 13

Outcome: Appeal allowed in part, dismissed in part

Facts

1          The parties were married on 7 December 2008 and have an 11-year-old son. Divorce proceedings commenced on 18 October 2021 and the interim judgment was granted on 26 April 2022. During the marriage, the Husband was cheated of $33,933 in a get-rich-quick scheme. The Wife says that the moneys lost in this scam should be included in the pool of matrimonial assets.

Court's Decision:

2          The money lost by the Husband was not a deliberate dissipation of assets. There was no evidence that the scam was a false story or that the Husband was complicit. There was also no evidence that divorce proceedings were imminent at the time the respondent was scammed.: at [2] to [3].

3          Liabilities, even if they are not joint matrimonial liabilities, ought to be regarded as the parties’ personal assets and liabilities, and are relevant in the calculation of the matrimonial assets because they were incurred during the marriage. It does not matter whether they were incurred for the benefit of the family, the child, or for themselves. It may affect the parties’ indirect contributions, but that concerns the division and not the ascertainment of assets. Personal liabilities incurred by the parties therefore ought to be included in the pool of matrimonial assets.: at [5].

4         Maintaining a child is the responsibility of both parents. Although the court only provides for what is reasonable, at law, to expect of parents, the parental responsibility of maintaining the child is not derived from the law and should not therefore be constrained by it. The parties are at liberty to make reasonable adjustments in the best interests of the child.: at [16].