Chan Teck Hock David v Leong Mei Chuan: Division of Matrimonial Assets, Stock Options & Child Custody
In Chan Teck Hock David v Leong Mei Chuan, the Court of Appeal of Singapore heard appeals from both the husband and wife regarding orders from the High Court on custody, maintenance, and division of matrimonial assets following their divorce. The wife sought a larger share of assets and increased maintenance, while the husband sought reduced maintenance and a say in the children's education. The court allowed the husband's appeal in part, granting him a say in overseas education decisions, and the wife's appeal in part, increasing her share of specific matrimonial assets.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal of the husband allowed in part; appeal of the wife allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning division of matrimonial assets, including stock options, child custody, and maintenance. The court addressed the status of vested and unvested stock options.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Teck Hock David | Appellant, Respondent | Individual | Appeal allowed in part | Partial | Davinder Singh, Harpreet Singh, Tang Li-Wen Shirin |
| Leong Mei Chuan | Respondent, Appellant | Individual | Appeal allowed in part | Partial | Tan Kok Quan, Chin Li-Yuen Marina, V Kanyakumari |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Judge of Appeal | No |
| L P Thean | Judge of Appeal | No |
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Davinder Singh | Drew & Napier LLC |
| Harpreet Singh | Drew & Napier LLC |
| Tang Li-Wen Shirin | Drew & Napier LLC |
| Tan Kok Quan | Sim Hill Tan & Wong |
| Chin Li-Yuen Marina | Sim Hill Tan & Wong |
| V Kanyakumari | Sim Hill Tan & Wong |
4. Facts
- The parties were married on 21 September 1983.
- The husband moved out of the matrimonial home on 10 February 1997.
- The wife petitioned for divorce on 21 November 1997.
- The husband received stock options from Dell Computer Corporation.
- The Family Court granted the wife custody, care and control of the three children.
- The High Court varied the maintenance sum to $15,000 total.
- The wife was granted 15% entitlement to all categories of stock options by the High Court.
5. Formal Citations
- Chan Teck Hock David v Leong Mei Chuan, CA 600059/2001,600064/2001, [2002] SGCA 3
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Husband joined Dell Computer Corporation | |
| Husband moved out of the matrimonial home | |
| Wife petitioned for divorce | |
| Wife filed a supplemental petition alleging adultery | |
| Decree nisi granted dissolving the marriage |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court held that vested stock options are matrimonial assets and addressed the apportionment of vested and unvested stock options.
- Category: Substantive
- Sub-Issues:
- Status of non-statutory stock options
- Distinction between vested and unvested stock options
- Valuation of stock options
- Child Custody
- Outcome: The court held that the father should be consulted and his consent obtained in relation to overseas education.
- Category: Substantive
- Sub-Issues:
- Education of children
- Parental rights in education decisions
- Maintenance
- Outcome: The court determined the appropriate quantum of maintenance for the wife and children.
- Category: Substantive
- Sub-Issues:
- Amount of maintenance
- Factors to be considered in determining maintenance
8. Remedies Sought
- Greater share of matrimonial assets
- Increase in maintenance
- Reduction of maintenance
- Say in the education of the children
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Custody
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Child Custody
- Matrimonial Asset Division
11. Industries
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Maria Hug v Paul Hug | California Court of Appeal | Yes | Maria Hug v Paul Hug 1984 Cal App LEXIS 1925 | USA | Cited for the principle that the purposes underlying stock options differ, and reference to the facts of each particular case must be made to reveal the features and implications of a particular employee stock option. |
| John Hall v Eileen Hall | North Carolina Court of Appeals | Yes | John Hall v Eileen Hall 1987 NC App LEXIS 3521 | USA | Cited regarding the classification of stock options as marital property based on whether they are vested or not at the date of separation. |
| Barbara Green v Michael Green | Court of Special Appeals of Maryland | Yes | Barbara Green v Michael Green (1985) Md App LEXIS 452 | USA | Cited for the principle that stock option plans are a form of employee compensation and constitute property subject to valuation and equitable adjustment. |
| Harper v Harper | Maryland Court of Appeals | Yes | Harper v Harper, 294 Md. 54, 448 A2d 916 (1982) | USA | Cited in relation to the definition of marital property. |
| Michael Grich v Tamara Grich | Superior Court of Connecticut | Yes | Michael Grich v Tamara Grich (1996) Conn Super LEXIS 3451 | USA | Cited for the principle that unvested stock options are part of the marital estate and subject to equitable distribution. |
| Bonnie Balanson v Richard Balanson | Supreme Court of Colorado | Yes | Bonnie Balanson v Richard Balanson, 2001 Colo LEXIS 437 | USA | Cited regarding the determination of the status of stock options in dissolution proceedings, focusing on whether the employee has an enforceable right to the options. |
| Hahn v Hahn | Court of Appeals of Indiana | Yes | Hahn v Hahn (1995) Ind Appeal LEXIS 1137 | USA | Cited regarding the determination of marital property, specifically vested stock options. |
| Re Short | Washington State Supreme Court | Yes | Re Short (1995) 125 Wash 2d 865, 890 P.2d 12 | USA | Cited for distinguishing between stock options granted for present employment services and options granted for future employment services. |
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
- Stock options
- Vested stock options
- Unvested stock options
- Custody
- Maintenance
- Dell shares
- Chose in action
- Time rule
15.2 Keywords
- Divorce
- Matrimonial assets
- Stock options
- Child custody
- Maintenance
- Singapore
- Family law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Stock Options
- Child Custody
- Maintenance
17. Areas of Law
- Family Law
- Matrimonial Assets
- Custody
- Maintenance
- Division of Matrimonial Property