Sample Case — Singapore Divorce

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE

FC/OAD 1234/2025

DEFENCE

(AND COUNTERCLAIM)

1. The Respondent admits to paragraph 1 of the Statement of Particulars that the parties were married on 20 August 2016 at the Registry of Marriages, Singapore.

2. The Respondent admits to paragraph 2 of the Statement of Particulars that there are two (2) children to the marriage, namely:

(a) Chen Xin Yi, female, born 15 March 2017 (age 7); and

(b) Chen Jun Hao, male, born 8 November 2019 (age 5).

3. The Respondent denies paragraph 3 of the Statement of Particulars that the marriage has irretrievably broken down by reason of the Applicant's allegation of unreasonable behaviour under Section 95(3)(b) of the Women's Charter (Cap. 353).

4. The Respondent specifically denies the following particulars of unreasonable behaviour alleged by the Applicant:

(a) The Respondent denies that he was aggressive or threatening towards the Applicant as alleged in paragraphs 3(a) and 3(b) of the Statement of Particulars. The Respondent avers that the police report filed on 22 June 2024 was filed in the context of a mutual verbal disagreement and no further action was taken by the police.

(b) The Respondent denies that he failed to contribute to the household expenses. The Respondent's CPF Property Statement and HDB Mortgage Records show that the Respondent contributed 62% of the total HDB flat payments through CPF and cash top-ups, which is significantly more than the Applicant's 38% contribution.

(c) The Respondent denies that he neglected his parental responsibilities. The Respondent managed school pick-ups for both children 2 to 3 times per week and was actively involved in the children's enrichment activities, including swimming lessons, Chinese tuition, and weekend outings, as evidenced by enrichment class receipts and WhatsApp messages with the Applicant.

5. The Respondent avers that the Applicant has not been entirely candid in her Statement of Particulars. In particular:

(a) The Applicant states that the parties separated on or about 15 June 2024 (paragraph 4 of the Statement of Particulars). However, HDB records show that both parties jointly submitted an application to upgrade their HDB flat on 3 May 2024 — one month before the alleged separation date. This is inconsistent with the assertion that the marriage had broken down by that date.

(b) The Applicant has failed to disclose freelance income totalling approximately S$8,400 over 6 months (July to December 2024), as evidenced by irregular deposits in her POSB bank statements. This undisclosed income is material to the question of maintenance.

6. Save as hereinbefore specifically admitted, the Respondent denies each and every allegation contained in the Statement of Particulars as if the same were set out herein and specifically traversed.

COUNTERCLAIM

7. The Respondent repeats paragraphs 1 to 6 above.

8. The Respondent avers that the marriage has irretrievably broken down by reason of the Applicant's unreasonable behaviour under Section 95(3)(b) of the Women's Charter (Cap. 353), particulars of which are as follows:

(a) The Applicant unilaterally removed both children from the matrimonial home on or about 15 June 2024 without the Respondent's consent, thereby disrupting the children's schooling and established routines.

(b) The Applicant has refused to allow the Respondent reasonable access to the children since the separation, despite the Respondent's repeated requests by WhatsApp messages.

(c) The Applicant has failed to disclose her full income from freelance work, casting doubt on her candour in these proceedings.

RELIEF SOUGHT

9. The Respondent prays for the following relief:

(a) That the Applicant's claim for divorce on the ground of unreasonable behaviour be dismissed;

(b) That the marriage be dissolved on the Respondent's Counterclaim;

(c) That the Respondent be granted shared care and control of both children, with the children's primary residence to be determined by the Court, having regard to the welfare of the children as the first and paramount consideration;

(d) That the division of the matrimonial flat at Tampines be determined in accordance with the structured approach in ANJ v ANK [2015] SGCA 34, taking into account the Respondent's 62% direct financial contribution;

(e) That the Applicant's full income, including undisclosed freelance income, be taken into account in determining the quantum of maintenance;

(f) Costs; and

(g) Such further or other relief as this Honourable Court deems fit.

Dated this 15th day of February 2025.

____________________________

CHEN WEI HONG (Respondent)

Address for service: [Address]

Tel: [Number]

Email: [Email]