Tan Khye Hua v Hong Chor Luan: Division of Matrimonial Assets & Maintenance in Divorce
In the divorce case of *Tan Khye Hua v Hong Chor Luan*, the High Court of Singapore, on 11 January 2000, addressed ancillary issues including custody, division of matrimonial assets, and maintenance. The court granted joint custody of the son, ordered the transfer of the matrimonial flat and Bukit Merah Clinic to the Petitioner, and directed the Petitioner to pay monthly maintenance to the Respondent and the son. The Respondent appealed the orders on division of assets, maintenance, and costs.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets, maintenance, and costs.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning division of matrimonial assets and maintenance. The High Court ordered the transfer of assets and monthly maintenance payments.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Tan Khye Hua | Petitioner | Individual | Orders made in his favor regarding custody, division of matrimonial assets, maintenance, and costs. | Partial | |
| Hong Chor Luan | Respondent | Individual | Orders made against her regarding division of matrimonial assets, maintenance, and costs. | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Goh Joon Seng | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| George Lim Teong Kin | Wee Tay & Lim |
| Raymond Tan | H L Wee & Co |
| Margaret Wan | H L Wee & Co |
4. Facts
- The parties were married on 12 May 1975.
- The Petitioner filed for divorce on 28 February 1996, citing unreasonable behavior and adultery.
- The Petitioner was a bankrupt from 1983 to 1995.
- The Respondent was the registered owner of several properties and businesses.
- The Petitioner contributed financially to the acquisition of the matrimonial assets.
- The Respondent made large cash withdrawals from her bank accounts.
- The Petitioner is a Chinese physician.
5. Formal Citations
- Tan Khye Hua v Hong Chor Luan, D 513/1996, [2000] SGHC 6
6. Timeline
| Date | Event |
|---|---|
| Parties married at the Singapore Marriage Registry | |
| Daughter Tan Keng Ann born | |
| Son Tan Teng Luck born | |
| Petition for divorce filed | |
| Decree nisi granted | |
| Maintenance payments to commence | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered the transfer of the matrimonial flat and Bukit Merah Clinic to the Petitioner, and the Ghim Moh Shophouse to the Respondent.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Financial contribution to assets
- Non-financial contribution to assets
- Maintenance
- Outcome: The court ordered the Petitioner to pay monthly maintenance to the Respondent and the son.
- Category: Substantive
- Sub-Issues:
- Amount of maintenance
- Duration of maintenance
- Costs
- Outcome: The court ordered the Respondent to pay two-thirds of the Petitioner’s taxed costs.
- Category: Procedural
8. Remedies Sought
- Dissolution of Marriage
- Custody of Children
- Division of Matrimonial Assets
- Maintenance
9. Cause of Actions
- Divorce
- Unreasonable Behaviour
10. Practice Areas
- Divorce Litigation
- Family Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Maintenance
- Divorce
- Unreasonable Behaviour
- Bankruptcy
- Joint Custody
- Decree Nisi
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Division of Assets | 95 |
| Matrimonial Assets | 95 |
| Divorce | 90 |
| Family Law | 90 |
| Division of Matrimonial Assets | 90 |
| Maintenance | 80 |
| Maintenance (Wife) | 70 |
| Maintenance (Child) | 70 |
| Child Custody | 60 |
| Care and Control | 50 |
| Access to Children | 40 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance