Chan Mei Lan Kristine v Ong Boon Huat Samuel: Division of Matrimonial Assets and Women's Charter
In Chan Mei Lan Kristine v Ong Boon Huat Samuel, the High Court of Singapore heard an appeal by the husband regarding the division of matrimonial assets. The wife filed for divorce on the grounds of the husband's unreasonable behavior. The key issue was whether a second property, financed by the husband while the wife serviced the matrimonial home, should be included in the pool of matrimonial assets under Section 112(10) of the Women's Charter. The High Court varied the judge's order slightly, ordering that the husband pay the wife 15% of the net total value of both properties.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed with slight variation to the judge’s order.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Division of matrimonial assets case where the wife serviced payments for the matrimonial home while the husband financed a second property. The court considered whether the second property formed part of the matrimonial assets.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ong Boon Huat Samuel | Respondent, Appellant | Individual | Appeal dismissed with slight variation to the judge’s order. | Lost | |
| Chan Mei Lan Kristine | Petitioner | Individual | Appeal dismissed with slight variation to the judge’s order. | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ooi Oon Tat | Low Yeap Toh & Goon |
| Nicole Loh Wern Sze | Harry Elias Partnership |
4. Facts
- The petitioner wife and respondent husband were married on 1 July 2000.
- The wife filed a divorce petition on 17 June 2003 on the ground of unreasonable behaviour on the part of the husband.
- The wife was servicing the payments for the matrimonial property.
- The husband was financing the purchase of a second property, the Malvern Springs property.
- The intention of the parties was that the Malvern Springs property would replace the matrimonial property.
- The wife did not have sufficient funds to service the financing required for both the matrimonial home and the Malvern Springs property.
5. Formal Citations
- Chan Mei Lan Kristine v Ong Boon Huat Samuel, D 602355/2003, RAS 720033/2005, [2006] SGHC 108
6. Timeline
| Date | Event |
|---|---|
| Marriage of the petitioner wife and respondent husband. | |
| Wife filed a divorce petition. | |
| Decree nisi was granted. | |
| Ancillary matters heard before the judge. | |
| Decision date. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court varied the judge's order slightly, ordering that the husband pay the wife 15% of the net total value of both properties.
- Category: Substantive
8. Remedies Sought
- No remedies sought
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chan Mei Lan Kristine v Ong Boon Huat Samuel | District Court | Yes | [2005] SGDC 187 | Singapore | Refers to the decision of the judge below regarding the division of matrimonial assets and maintenance. |
| Chan Teck Hock David v Leong Mei Chuan | Singapore Court of Appeal | Yes | [2002] 1 SLR 177 | Singapore | Cited as an example of the extensive nature of the definition of a matrimonial asset. |
| Balfour v Balfour | English Court of Appeal | Yes | [1919] 2 KB 571 | England and Wales | Cited for the presumption that in a domestic context there is no intention to create legal relations. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 112(10) Women's Charter (Cap 353, 1997 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Division of matrimonial assets
- Matrimonial home
- Malvern Springs property
- Women's Charter
- Decree nisi
15.2 Keywords
- matrimonial assets
- division of assets
- divorce
- family law
- singapore
- women's charter
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Division of Assets | 95 |
| Family Law | 90 |
| Division of Matrimonial Property | 90 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets