Lee Yong Chuan Edwin v Tan Soan Lian: Division of Matrimonial Assets, Gift of Shares & Maintenance

In Lee Yong Chuan Edwin v Tan Soan Lian, the Court of Appeal of Singapore heard an appeal concerning the division of matrimonial assets and maintenance following a divorce. The appellant, Lee Yong Chuan Edwin, challenged the High Court's decision regarding the valuation of the matrimonial home, the quantum of lump sum maintenance payable to the respondent, Tan Soan Lian, and the inclusion of shares in Lee Kim Tah Holdings Limited and Lee Kim Tah Investments Pte Ltd as part of the matrimonial assets. The Court of Appeal dismissed the appeal regarding the matrimonial home and maintenance but allowed the appeal regarding the shares, ruling that they should be excluded from the pool of matrimonial assets.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning the division of matrimonial assets, including gifted shares and the matrimonial home, and the quantum of lump sum maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lee Yong Chuan EdwinAppellantIndividualAppeal allowed in partPartialHarry Elias, Yeo Yen Ping
Tan Soan LianRespondentIndividualAppeal dismissed in partPartialRaj Singam, Edmund Kronenburg

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of AppealYes
L P TheanJustice of AppealNo
Yong Pung HowChief JusticeNo

4. Counsels

Counsel NameOrganization
Harry EliasHarry Elias Partnership
Yeo Yen PingHarry Elias Partnership
Raj SingamDrew & Napier
Edmund KronenburgDrew & Napier

4. Facts

  1. The appellant and respondent married on 4 July 1980 and have two children.
  2. The respondent was a full-time housewife.
  3. The parties separated on 1 July 1992.
  4. The respondent filed for divorce on 14 March 1997.
  5. The appellant received shares in family companies as gifts before and during the marriage.
  6. The matrimonial home was valued at $4.38m but sold for $3.5m.
  7. The district judge awarded the respondent a lump sum maintenance of $960,000.

5. Formal Citations

  1. Lee Yong Chuan Edwin v Tan Soan Lian, CA 39/2000, [2000] SGCA 68

6. Timeline

DateEvent
Appellant married the respondent
First child born
Lee Kim Tah group of companies underwent an amalgamation exercise
Second child born
Shareholders of LKTH transferred a portion of their shares in exchange for shares of equivalent value in LKTI
Parties entered into a deed of separation
Respondent filed a petition for divorce against the appellant
Decree nisi was granted
Valuation report by M/s Edmund Tie & Company
District Judge Khoo Oon Soo gave his decision
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ruled that the appellant's shares in LKTH and LKTI, received in exchange for gifted shares, should be excluded from the pool of matrimonial assets.
    • Category: Substantive
    • Sub-Issues:
      • Inclusion of gifted shares
      • Valuation of matrimonial home
  2. Maintenance
    • Outcome: The court upheld the High Court's decision on the lump sum maintenance amount.
    • Category: Substantive
    • Sub-Issues:
      • Quantum of lump sum maintenance

8. Remedies Sought

  1. Division of matrimonial assets
  2. Lump sum maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Assets Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hoong Khai Soon v Cheng Kwee EngCourt of AppealYes[1993] 3 SLR 34SingaporeCited to discuss whether an asset acquired during marriage in exchange for a gift should be considered a matrimonial asset.
Koh Kim Lan Angela v Choong Kian HawCourt of AppealYes[1994] 1 SLR 22SingaporeCited to discuss whether shares acquired in exchange for other shares during the marriage should be considered matrimonial assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
s 112(10) of the Women`s CharterSingapore
s 114(2) of the Women`s CharterSingapore
s 114(1) of the Women`s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Lump sum maintenance
  • Gifted shares
  • Amalgamation
  • Matrimonial home

15.2 Keywords

  • Divorce
  • Matrimonial assets
  • Maintenance
  • Gifted shares
  • Singapore
  • Family Law

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance

17. Areas of Law

  • Family Law
  • Divorce
  • Division of Matrimonial Assets