Wong Ser Wan v Ng Cheong Ling: Division of Matrimonial Assets and Child Maintenance

1. Case Overview

2. Parties and Outcomes

3. Judges

4. Counsels

4. Facts

1. The parties were married in January 1976 and have three children.
2. The wife filed for divorce in 1999, which the husband did not contest.
3. The main issues are the division of matrimonial assets and maintenance for the wife and children.
4. The parties entered into a Financial Agreement in 1997, outlining gifts from the husband to the wife.
5. The husband transferred immovable properties to the wife but did not fulfill all financial obligations.
6. The husband sold the Mountbatten property and NBEH shares, later found to be with intent to defraud the wife.
7. The parties signed a Deed of Separation in 1999, reaffirming the Financial Agreement.
8. The husband was made a bankrupt in 2002.
9. The wife sought a lump sum payment for future maintenance.
10. The husband applied for a variation of the consent maintenance order.

5. Formal Citations

1. Wong Ser Wan v Ng Cheong Ling, D 2545/1999, D 2545/1999
2. Wong Ser Wan v Ng Cheong Ling, MSS 6483/2000, MSS 6483/2000
3. Wong Ser Wan v Ng Cheong Ling, 6641/2000, 6641/2000
4. Wong Ser Wan v Ng Cheong Ling, 22/2001, 22/2001
5. Wong Ser Wan v Ng Cheong Ling, District Court Suit No 600011 of 2001, District Court Suit No 600011 of 2001
6. Wong Ser Wan v Ng Cheong Ling, High Court Suit No 310 of 2003, High Court Suit No 310 of 2003
7. Wong Ser Wan v Ng Cheong Ling, Civil Appeal No 87 of 2004, Civil Appeal No 87 of 2004
8. Aromate v Ng Cheong Ling, High Court Suit No 1396 of 2001, High Court Suit No 1396 of 2001
9. Wong Ser Wan v Ng Cheong Ling, , [2005] SGHC 218

6. Timeline

7. Legal Issues

1. Division of Matrimonial Assets
   • Outcome: The court held that the FA assets transferred to the wife before September 2004 may be retained by her as gifts and should not be brought into the pot for division on divorce.
   • Category: Substantive
2. Maintenance for Child Above 21 Years of Age
   • Outcome: The court ordered the husband to contribute to Ewe's maintenance by paying him $1,000 with effect from September 2004. The court ordered the husband to pay Ezine $278,330.72 as his maintenance during the period that he was at university. The court awarded Eharn $100,557 as her maintenance during her period of tertiary education.
   • Category: Substantive
3. Agreements Made Between Husband and Wife Regarding Ownership and Division of Matrimonial Assets
   • Outcome: The court held that the Financial Agreement itself was not concluded in contemplation of divorce. The court held that the Deed, in reiterating the husband’s obligations under the Financial Agreement and the consent maintenance order, was not intended to set out the regime for the division of assets in the event of a divorce.
   • Category: Substantive
4. Gifts from Husband's Father Constituting Matrimonial Assets
   • Outcome: The court concluded that the NBEH shares have, for the purposes of these proceedings, to be treated as if they were the original block given to the husband.
   • Category: Substantive
5. Gifts from Husband to Wife During Marriage Constituting Matrimonial Assets Divisible on Divorce
   • Outcome: The court held that the express intention of the husband was to transfer the assets listed in the Financial Agreement irrevocably to the wife and to give up all his rights in the same.
   • Category: Substantive

8. Remedies Sought

1. Division of Matrimonial Assets
2. Maintenance for Wife
3. Maintenance for Children
4. Variation of Consent Maintenance Order

9. Cause of Actions

• Divorce
• Breach of Financial Agreement
• Application for Maintenance

10. Practice Areas

• Divorce
• Family Law
• Matrimonial Assets
• Child Maintenance

11. Industries

• No industries specified

12. Cited Cases

13. Applicable Rules

14. Applicable Statutes

15. Key Terms and Keywords

16. Subjects

• Family Law
• Divorce
• Matrimonial Assets
• Maintenance

17. Areas of Law

• Family Law
• Maintenance
• Division of Matrimonial Assets