Foo Tee Sey v Loy Hui Eng: Division of Matrimonial Assets After 18-Year Marriage
In Foo Tee Sey v Loy Hui Eng, the High Court of Singapore heard an appeal regarding the division of matrimonial assets following an 18-year marriage. The Family Court had ordered a 60-40 division in favor of the wife, Loy Hui Eng, citing her non-pecuniary contributions. The husband, Foo Tee Sey, appealed, arguing unequal financial contributions and an agreement to keep finances separate. Choo Han Teck JC dismissed the appeal, upholding the original apportionment, emphasizing the wife's significant non-financial contributions and the lack of evidence for a formal agreement regarding asset division in contemplation of divorce.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Division of matrimonial assets after an 18-year marriage. The High Court upheld the Family Court's decision to divide the assets 60-40 in the wife's favor.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Foo Tee Sey | Appellant, Petitioner | Individual | Appeal dismissed | Lost | |
| Loy Hui Eng | Respondent | Individual | Assets division of 60% | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yap Teong Liang | Hin Rai & Tan |
| Wong Lai Keen | Hin Rai & Tan |
| Lim May Li | Lim & Pillay |
4. Facts
- The petitioner and respondent were married on 18 September 1982 and separated in June 1996.
- The respondent was granted custody of their two sons.
- The matrimonial home was purchased in 1985 for $540,000.
- The judge found that the respondent was entitled to more because of her non-pecuniary contributions although the direct contributions were about equal.
- The parties had an agreement to keep their respective finances separate and apart.
- The judge accepted the respondent's claim that a sum of $5,406 was paid by her towards the maintenance and upkeep of the house from 1997 to 2000.
5. Formal Citations
- Foo Tee Sey v Loy Hui Eng, Div P 143/2000, [2001] SGHC 276
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Matrimonial home purchased | |
| Loan granted by employers | |
| Sum credited into account | |
| Parties separated | |
| Wife paid for maintenance and upkeep of the house | |
| Parties divorced | |
| Respondent's affidavit | |
| Valuation of CLOB shares | |
| Decision date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court upheld the division of matrimonial assets with 60% to the respondent and 40% to the petitioner.
- Category: Substantive
- Sub-Issues:
- Direct contribution towards purchase of matrimonial home
- Indirect contribution towards purchase of matrimonial home
- Non-pecuniary contributions
- Agreement to maintain income in separate bank accounts
- Duty to Maintain Matrimonial Home
- Outcome: The court held that both parties were under a shared duty to maintain the matrimonial home until its division has been adjudicated upon.
- Category: Substantive
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Wong Kam Fong Anne v Ang Ann Liang | N/A | Yes | [1993] 2 SLR 192 | Singapore | Cited regarding agreements made in contemplation of divorce and the division of matrimonial assets. |
| Hyman v Hyman | N/A | Yes | [1929] AC 601 | N/A | Cited in relation to agreements regarding the division of matrimonial assets. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women's Charter (Cap 353, 1997 Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Direct contribution
- Indirect contribution
- Non-pecuniary contribution
- Division of assets
- Separate accounts
- Maintenance of matrimonial home
15.2 Keywords
- matrimonial assets
- division of assets
- family law
- divorce
- singapore
- high court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Division of Assets | 90 |
| Maintenance | 60 |
| Contract Law | 30 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets