Lee Bee Kim Jennifer v Lim Yew Khang Cecil: Division of Matrimonial Assets & Wife's Maintenance
In the divorce case of *Lee Bee Kim Jennifer v Lim Yew Khang Cecil*, the High Court of Singapore heard appeals regarding the division of matrimonial assets and the wife's maintenance. The wife, Lee Bee Kim Jennifer, appealed against the initial maintenance order and the exclusion of certain assets from the divisible pool. The husband, Lim Yew Khang Cecil, appealed against the overall decision. The High Court dismissed the husband's appeals and allowed the wife's appeal in part, increasing the lump sum maintenance and including additional assets in the division.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the division of matrimonial assets and the quantum of maintenance for the wife. The High Court allowed the wife's appeal in part.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Bee Kim Jennifer | Petitioner, Appellant | Individual | Appeal allowed in part | Partial | Randolph Khoo, Veronica Joseph |
| Lim Yew Khang Cecil | Respondent, Appellant | Individual | Appeal dismissed | Lost | Engelin Teh, Linda Ong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Ang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Randolph Khoo | Drew and Napier LLC |
| Veronica Joseph | Drew and Napier LLC |
| Engelin Teh | Engelin Teh Practice LLC |
| Linda Ong | Engelin Teh Practice LLC |
4. Facts
- The petitioner and respondent were married on 8 September 1981.
- The petitioner filed for divorce on 18 August 1997.
- A decree nisi was granted on 5 January 1999.
- The district judge ordered the respondent to pay the petitioner lump sum maintenance fixed at $1,400,000.
- The district judge ordered the respondent to pay the petitioner $500,000 being the petitioner’s share of the matrimonial assets.
- The petitioner appealed against the maintenance order, contending that the district judge failed to award sufficient maintenance for certain of her claims.
- The petitioner appealed against the decision of the district judge declining to include certain assets in the pool of divisible matrimonial assets.
5. Formal Citations
- Lee Bee Kim Jennifer v Lim Yew Khang Cecil, D 2620/1997, RA 720026/2005, 720027/2005, [2005] SGHC 209
6. Timeline
| Date | Event |
|---|---|
| Petitioner and respondent married. | |
| Petitioner filed for divorce. | |
| Decree nisi granted. | |
| Consent Order issued regarding custody, care, and control of children. | |
| Hearings in chambers took place. | |
| Hearings in chambers took place. | |
| Hearings in chambers took place. | |
| Hearings in chambers took place. | |
| Orders made regarding maintenance and division of matrimonial assets. | |
| Judgment reserved. |
7. Legal Issues
- Quantum of maintenance for wife
- Outcome: The court increased the lump sum maintenance award to $1,716,456.
- Category: Substantive
- Division of matrimonial assets
- Outcome: The court ordered that the petitioner is entitled to a half share of the parties’ CPF Special and Medisave accounts, of the sum of $1,215,081.90 deemed to be part of the matrimonial assets and of the petitioner’s 40% holding of ECA shares.
- Category: Substantive
8. Remedies Sought
- Maintenance
- Division of Matrimonial Assets
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Assets
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Prasenjit K Basu v Viniti Vaish | Singapore District Court | Yes | [2003] SGDC 303 | Singapore | Cited for the principle that interim maintenance is usually less than the final award. |
| Tay Ivy v Tay Joyce | Court of Appeal | Yes | [1992] 1 SLR 893 | Singapore | Cited for the presumption that the decision appealed against is right. |
| Ong Chen Leng v Tan Sau Poo | Court of Appeal | Yes | [1993] 3 SLR 137 | Singapore | Cited regarding the method for calculating lump sum maintenance. |
| Lee Puey Hwa v Tay Cheow Seng | Court of Appeal | Yes | [1991] SLR 198 | Singapore | Cited for the principle that an appellate court will not interfere with a judge's discretion unless it was exercised on a wrong principle. |
| Cheng Kwee Eng v Hoong Khai Soon | High Court | Yes | [1991] SGHC 77 | Singapore | Cited as authority that Central Provident Fund Special account and Medisave account are to be included as matrimonial assets. |
| Lam Chih Kian v Ong Chin Ngoh | Court of Appeal | Yes | [1993] 2 SLR 253 | Singapore | Cited as authority that Central Provident Fund moneys of a spouse are matrimonial assets. |
| Lau Loon Seng v Sia Peck Eng | Court of Appeal | Yes | [1999] 4 SLR 408 | Singapore | Cited for the principle that when a court draws an adverse inference, it should make a finding of the value of the undisclosed assets. |
| Yow Mee Lan v Chen Kai Buan | High Court | Yes | [2000] 4 SLR 466 | Singapore | Cited for the court's task in considering the marriage as a whole and the role played by each of the parties in the physical and emotional care of the family and in their financial dealings, in order to arrive at a fair division of the assets. |
| Lim Choon Lai v Chew Kim Heng | Court of Appeal | Yes | [2001] 3 SLR 225 | Singapore | Cited for the principle that in determining a ‘just and equitable’ division of matrimonial assets under s 112(1) of the Women’s Charter, the court must have regard to all the relevant circumstances of the case at hand. |
| Tan Bee Bee v Lim Kim Chin | High Court | Yes | [2004] SGHC 242 | Singapore | Cited regarding costs orders in relation to ancillary matters. |
| Tham Khai Meng v Nam Wen Jet Bernadette | Court of Appeal | Yes | [1997] 2 SLR 27 | Singapore | Cited for the principle that the ancillary matters are a continuation or part of the hearing of the Divorce Petition and, as such, the costs of the ancillaries should follow the costs order made on the Petition. |
| Chan Yeong Keay v Yeo Mei Ling | High Court | Yes | [1994] 2 SLR 541 | Singapore | Cited regarding the percentage of matrimonial assets awarded to a spouse. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Lump sum maintenance
- CPF Special account
- Medisave account
- Unexplained fund transfers
- ECA shares
- Proprietary estoppel
- Constructive trust
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Family Law
- Singapore
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Maintenance
- Division of Matrimonial Assets