Chen Siew Hwee v Low Kee Guan: Division of Matrimonial Assets, Gifts & Women's Charter
In Chen Siew Hwee v Low Kee Guan, the High Court of Singapore, presided over by Justice Andrew Phang Boon Leong on 2006-09-28, addressed the ancillary matters arising from the divorce between Chen Siew Hwee (wife) and Low Kee Guan (husband). The primary legal issue was whether shares gifted to the husband prior to the marriage constituted matrimonial assets subject to division under Section 112(10) of the Women's Charter. The court held that the shares, and assets derived from them, were gifts and not matrimonial assets, and divided the remaining assets with 35% to the wife and 65% to the husband. The court also ordered the husband to pay the wife monthly maintenance of $12,000.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the husband; shares gifted to the husband before the marriage are excluded from the pool of matrimonial assets.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning division of matrimonial assets. Court held shares gifted to husband before marriage were not matrimonial assets.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chen Siew Hwee | Petitioner | Individual | Shares excluded from matrimonial assets | Lost | |
| Low Kee Guan | Respondent | Individual | Shares excluded from matrimonial assets | Won | |
| Wong Yong Yee | Co-respondent | Individual |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge | Yes |
4. Counsels
4. Facts
- The wife and husband were married for 17 years.
- The wife filed for divorce on 2004-03-03.
- The wife applied for interim maintenance of $24,000 per month.
- The husband received 3,066 shares in Eng Cheong Peng Kee Pte Ltd as a gift.
- The husband received 1,700 shares in Low Peng Boon Pte Ltd as a gift.
- The husband's Singapore Island Country Club membership was in dispute.
- The wife claimed the shares should be deemed matrimonial assets.
5. Formal Citations
- Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent), D 675/2004, [2006] SGHC 172
6. Timeline
| Date | Event |
|---|---|
| Wife filed for divorce | |
| Decree nisi granted | |
| Effective date for interim maintenance | |
| Terms of settlement recorded regarding maintenance | |
| Counsel for the wife wrote in for an audience | |
| Both parties made their submissions on costs | |
| Decision Date |
7. Legal Issues
- Whether shares given to husband prior to marriage amounting to gift and not matrimonial asset
- Outcome: The court held that the shares were a gift and not a matrimonial asset.
- Category: Substantive
- Whether shares ceasing to be gift once converted in form to different asset
- Outcome: The court held that the shares did not cease to be gifts despite their transformation into other assets.
- Category: Substantive
- Whether new asset matrimonial asset divisible between husband and wife upon divorce
- Outcome: The court held that the new assets derived from the gifted shares were not divisible as matrimonial assets.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tham Khai Meng v Nam Wen Jet Bernadette | Court of Appeal | Yes | [1997] 2 SLR 27 | Singapore | Cited for the principle that the party awarded costs of the divorce petition is also entitled to the costs of the hearing of ancillary matters. |
| Re Eng Cheong Peng Kee Pte Ltd | High Court | Yes | [1998] 3 SLR 1 | Singapore | Cited in relation to the court-ordered liquidation of the companies concerned. |
| Re Eng Cheong Peng Kee Pte Ltd (No 2) | High Court | Yes | [1998] 3 SLR 61 | Singapore | Cited in relation to the court-ordered liquidation of the companies concerned. |
| Low Peng Boon v Low Janie | High Court | Yes | [1999] 1 SLR 761 | Singapore | Cited in relation to the court-ordered liquidation of the companies concerned. |
| Ang Teng Siong v Lee Su Min | High Court | Yes | [2000] 3 SLR 55 | Singapore | Cited for the principle that the owner of a gifted asset must show its origin to prevent it from being divided upon divorce. |
| Hoong Khai Soon v Cheng Kwee Eng | Court of Appeal | Yes | [1993] 3 SLR 34 | Singapore | Cited regarding the requirement of a direct causal connection between indirect financial contributions and the improvement of assets. |
| Lee Yong Chuan Edwin v Tan Soan Lian | Court of Appeal | Yes | [2001] 1 SLR 377 | Singapore | Cited regarding the requirement of a direct causal connection between indirect financial contributions and the improvement of assets. |
| Shi Fang v Koh Pee Huat | Court of Appeal | Yes | [1996] 2 SLR 221 | Singapore | Cited regarding the requirement of substantial improvement of the asset. |
| Koh Kim Lan Angela v Choong Kian Haw | Court of Appeal | Yes | [1994] 1 SLR 22 | Singapore | Cited as a case where the wife assisted the husband in the business given to him by his father. |
| Chow Hoo Siong v Lee Dawn Audrey | High Court | Yes | [2003] 4 SLR 481 | Singapore | Cited to support the proposition that indirect financial contributions alone are too vague and remote to justify a finding that the spouse concerned had helped to substantially improve an asset. |
| Ngee Ann Development Pte Ltd v Nova Leisure Pte Ltd | High Court | Yes | [2003] SGHC 168 | Singapore | Cited regarding the application of law to given facts. |
| Lim Keng Hwa v Tan Han Chuah | Court of Appeal | Yes | [1996] 3 SLR 593 | Singapore | Cited to clarify that Hoong Khai Soon does not require endless tracing of the source of funds for property acquisition. |
| Koo Shirley v Mok Kong Chua Kenneth | High Court | Yes | [1989] SLR 342 | Singapore | Cited regarding the court's discretion to be exercised in broad strokes rather than by way of an unrealistic mathematical approach. |
| Yeong Swan Ann v Lim Fei Yen | Court of Appeal | Yes | [1999] 1 SLR 651 | Singapore | Cited regarding the court's discretion to be exercised in broad strokes rather than by way of an unrealistic mathematical approach. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 112(10) Women's Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Gifts
- Shares
- Division of Assets
- Women's Charter
- Interim Maintenance
- Tracing
- Substantial Improvement
15.2 Keywords
- Divorce
- Matrimonial Assets
- Gifts
- Singapore
- Family Law
- Women's Charter
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets Division | 95 |
| Matrimonial Assets | 95 |
| Family Law | 90 |
| Division of Family Assets | 90 |
| Gifts in Matrimonial Context | 80 |
| Gifts | 80 |
| Succession Law | 10 |
| Inheritance Law | 10 |
| Wills and Probate | 10 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets