Tan Soan Lian v Edwin Lee Yong Chuan: Division of Matrimonial Assets and Wife's Maintenance in Divorce

In the divorce case of *Tan Soan Lian v Edwin Lee Yong Chuan*, the High Court of Singapore heard appeals from both parties regarding the District Judge's orders on ancillary matters. The primary legal issues concerned the division of matrimonial assets and the appropriate amount of maintenance for the wife and daughter. The High Court varied the orders related to the division of matrimonial assets, specifying the assets to be included and their valuation methods, but affirmed the maintenance orders and directed each party to bear its own costs in the appeal.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders of the District Court varied regarding division of matrimonial assets; other orders to stand; each party to bear its own costs in the appeal.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets and wife's maintenance. The High Court varied the District Judge's orders regarding asset division.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tan Soan LianPetitioner, RespondentIndividualOrders of the District Court varied regarding division of matrimonial assetsPartial
Edwin Lee Yong ChuanRespondent, AppellantIndividualAppeal dismissed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Kan Ting ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Edmund KronenburgDrew & Napier
R Raj SingamDrew & Napier
Foo Siew FongHarry Elias Partnership
Lawrence QuaheHarry Elias Partnership
Tricia FengHarry Elias Partnership

4. Facts

  1. Parties married in July 1980 and have two children.
  2. The marriage broke down in 1992, and the husband left the matrimonial home.
  3. The wife petitioned for divorce in March 1994, and a decree nisi was granted in June 1997.
  4. The parties disagreed on ancillary matters, leading to a hearing before a District Judge.
  5. The District Judge made orders on 7 May 1999 regarding the division of matrimonial assets and maintenance.
  6. Both parties appealed against the District Judge's orders.
  7. The husband owned shares in Lee Kim Tah Holdings Ltd and Lee Kim Tah Investments Pte Ltd.

5. Formal Citations

  1. Tan Soan Lian v Edwin Lee Yong Chuan, D 774/1997, [2000] SGHC 109

6. Timeline

DateEvent
Parties married
Son Mark born
Daughter Nicole born
Marriage broke down; husband left matrimonial home
Wife petitioned for divorce
Decree nisi granted
District Judge made orders on ancillary matters
High Court issued decision on appeals

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court varied the District Judge's orders, specifying which assets were to be included in the division and how their values should be determined, including deductions for outstanding loans.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Inclusion of specific assets as matrimonial assets
      • Deduction of liabilities from asset value
  2. Maintenance for Wife
    • Outcome: The court affirmed the District Judge's order for a lump sum maintenance payment to the wife, finding the amount reasonable based on the parties' standard of living during the marriage.
    • Category: Substantive
  3. Maintenance for Daughter
    • Outcome: The court commented on the maintenance for the daughter, stating that the District Judge's award of $3000 was not wrong, even though the matter was not under appeal.
    • Category: Substantive
  4. Costs of Ancillary Matters
    • Outcome: The court affirmed the District Judge's order for the husband to pay costs to the wife for the hearing of the ancillary matters, finding no error in principle or excessive amount.
    • Category: Procedural
    • Related Cases:
      • [1996] 2 SLR 221
      • [1978] 1 All ER 560
      • [1997] 2 SLR 27

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Daughter
  4. Costs

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Shi Fang v Koh Pee HuatCourt of AppealYes[1996] 2 SLR 221SingaporeCited regarding the award of costs in divorce proceedings, specifically in relation to fault-based divorces and ancillary matters.
Grenfell v GrenfellN/AYes[1978] 1 All ER 560N/ACited for the principle that costs in ancillary relief proceedings depend on the conduct of the parties, even in cases of five-year separation.
Tham Khai Meng v Nam Wen Jet BernadetteCourt of AppealYes[1997] 2 SLR 27SingaporeCited for the principle that the order as to costs at the hearing of the petition should follow at the hearing of the ancillaries, unless a party acted unreasonably.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Ancillary matters
  • Lump sum maintenance
  • Decree nisi
  • CPF funds
  • Shares
  • Property valuation
  • Singapore Island Country Club membership
  • American Club membership

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • family law
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Division of Assets95
Matrimonial Assets95
Maintenance90
Divorce90
Family Law90
Maintenance (Child)85
Maintenance (Wife)85
Child Support70
Child Custody70
Costs60
Civil Practice30
Civil Procedure30
Evidence20
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance