NK v NL: Division of Matrimonial Assets, Custody, Care and Control, and Wife Maintenance under Women's Charter

In the divorce case of *NK v NL*, the High Court of Singapore, presided over by Justice Lai Siu Chiu on 21 November 2006, addressed ancillary matters including the division of matrimonial assets, custody of the two youngest children, and maintenance for the wife. The court ordered the husband to pay the wife $300,000 for her share of the matrimonial property, transfer ownership of a Mercedes Benz, pay $515,000 in installments, and provide monthly maintenance of $3,600. Joint custody was granted, with the husband having care and control of one child. The wife appealed the decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets, custody of children, and wife maintenance.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets, custody of children, and wife maintenance. The court determined asset division and care/control.

1.7 Decision Date

20 November 2006

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
NK	Wife, Appellant	Individual	Appeal against orders	Partial	Kanagavijayan of Kana & Co
NL	Husband, Respondent	Individual	Orders made against him	Lost	Sarbrinder Singh of Kertar & Co

3. Judges

Judge Name	Title	Delivered Judgment
Lai Siu Chiu	Judge	Yes

4. Counsels

Counsel Name	Organization
Kanagavijayan	Kana & Co
Sarbrinder Singh	Kertar & Co

4. Facts

The parties were married on 10 July 1982 and have four children.
The wife helped in the husband's family fish import/export business (TFA) since 1984.
The wife registered a wholesale business (EAF) in 1986, adding the husband as a partner in the early 1990s.
The husband started another company (TFI) in 1994, making the wife a director in 1997.
The wife resigned from TFI on 30 November 2004.
The wife withdrew $28,000 from EAF's bank account in December 2004.
The husband had cash and time deposits with banks totaling $5,065,299.29 in June/July 2004.
The wife took the two youngest daughters to the United States in May 2005.

5. Formal Citations

NK v NL, DT 3202/2004, [2006] SGHC 204

6. Timeline

Date	Event
1982-07-10	Parties married
1984-01-01	Wife started working in TFA
1986-01-01	Wife registered wholesale business EAF
1990-01-01	Husband added as partner to EAF
1993-01-01	Property purchased for $1.31m
1994-01-01	Husband started TFI
1994-01-01	Wife started working in TFI
1996-01-01	Elias Road property sold for $1m
1997-01-01	Wife made a director of TFI
1999-11-20	TFA struck off
2003-01-01	Car purchased for about $208,000
2004-02-01	Parties stayed in separate rooms
2004-03-01	Wife's shares in TFI transferred to eldest child
2004-06-01	Wife discovered husband's investments
2004-08-14	Wife filed divorce petition
2004-11-30	Wife resigned from TFI
2004-12-01	Wife withdrew $28,000 from EAF bank account
2005-03-24	Court ordered interim maintenance of $2,800 per month
2005-05-03	Divorce decree nisi granted
2005-05-01	Wife and two youngest daughters traveled to California
2006-04-05	Court ordered discovery of husband's bank documents
2006-10-01	Husband to commence monthly installments of $51,500 to wife
2006-11-21	Judgment issued
2013-01-01	Husband to pay wife $50,000 from CPF savings when he attains 55 years of age

7. Legal Issues

Division of Matrimonial Assets
- Outcome: The court determined the apportionment of matrimonial assets, awarding the wife a total of $1,023,000, including cash, property share, and CPF savings.
- Category: Substantive
Custody, Care and Control, and Access
- Outcome: The court granted joint custody of the two youngest children to both parents, with care and control of one child to the husband. The wife was granted reasonable access.
- Category: Substantive
Wife Maintenance
- Outcome: The court ordered the husband to pay the wife a monthly maintenance sum of $3,600.
- Category: Substantive

8. Remedies Sought

Division of matrimonial assets
Custody of children
Maintenance for wife
Maintenance for children

9. Cause of Actions

No cause of actions

10. Practice Areas

Divorce
Family Litigation

11. Industries

Fish Import/Export

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Koh Kim Lan Angela v Choong Kian Haw	Court of Appeal	Yes	[1994] 1 SLR 22	Singapore	Cited to contrast the wife's contributions to the husband's business with a case where the wife's contributions were significant.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Section 114 Women's Charter (Cap 353, 1997 Rev Ed)	Singapore
Section 112(2) Women's Charter (Cap 353, 1997 Rev Ed)	Singapore
Section 112(10)(a)(ii) of the Act	Singapore
Section 73 of the Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Matrimonial assets
Custody
Care and control
Maintenance
CPF
Women's Charter
Director's fees
Dissipation of assets

15.2 Keywords

Divorce
Matrimonial Assets
Child Custody
Spousal Maintenance
Singapore Law
Family Law

17. Areas of Law

Area Name	Relevance Score
Family Law	95
Matrimonial Assets	90
Division of Assets	90
Maintenance	80
Child Custody	70
Apportionment of assets	60

16. Subjects

Family Law
Divorce
Matrimonial Assets
Child Custody
Spousal Maintenance