Lock Yeng Fun v Chua Hock Chye: Division of Matrimonial Assets & Maintenance

In Lock Yeng Fun v Chua Hock Chye, the Court of Appeal of Singapore heard an appeal by the wife, Lock Yeng Fun, against the ancillary orders made by the trial judge regarding the division of matrimonial assets and maintenance following her divorce from Chua Hock Chye. The court allowed the appeal in part, ordering an equal division of matrimonial assets but rescinding the maintenance order. The parties were married for almost 30 years, and the primary issue was whether the trial judge erred in dividing the matrimonial assets in a 60/40 split in favor of the husband.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning the division of matrimonial assets and maintenance after a 30-year marriage. The court ordered an equal division of assets and rescinded the maintenance order.

1.7 Decision Date

25 June 2007

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Lock Yeng Fun	Appellant	Individual	Appeal Allowed in Part	Partial	Lim See Wai Victor of Hoh Law Corporation
Chua Hock Chye	Respondent	Individual	Appeal Partially Unsuccessful	Partial

3. Judges

Judge Name	Title	Delivered Judgment
Chan Sek Keong	Chief Justice	No
Andrew Phang Boon Leong	Justice of the Court of Appeal	Yes
V K Rajah	Justice of the Court of Appeal	No

4. Counsels

Counsel Name	Organization
Lim See Wai Victor	Hoh Law Corporation

4. Facts

The parties were married for almost 30 years.
The wife was a homemaker throughout the marriage, caring for the household and children.
The husband was the sole breadwinner, working as a vice-president in foreign banks.
The wife amassed a sizable sum of close to $500,000 from her investments from the moneys given to her by the respondent for household and miscellaneous expenses.
The husband's investments in the stock market resulted in a loss of approximately $300,000.
The husband currently operates a training and consultancy business from home, earning a monthly income of approximately $600 to $800.
The matrimonial assets included the sale proceeds of the matrimonial home, the wife's assets, and the husband's assets.

5. Formal Citations

Lock Yeng Fun v Chua Hock Chye, CA 116/2006, [2007] SGCA 33
Lock Yeng Fun v Chua Hock Chye, , [2006] SGHC 230

6. Timeline

Date	Event
1975-09-04	Marriage registered
1984-01-01	Respondent based overseas in Malaysia
1985-12-31	Respondent based overseas in Malaysia
1992-01-01	Respondent based overseas in Indonesia
1992-01-01	Appellant worked a temporary job for four months
1998-12-31	Respondent based overseas in Indonesia
2000-01-01	Respondent retrenched from insurance group
2002-01-01	Respondent started another training and consultancy business
2005-05-12	Divorce petition filed
2005-01-01	Respondent's training and consultancy business wound up
2006-01-01	Lock Yeng Fun v Chua Hock Chye [2006] SGHC 230 decision
2007-06-26	Appeal allowed in part

7. Legal Issues

Division of Matrimonial Assets
- Outcome: The court ordered an equal division of the matrimonial assets, overturning the trial judge's decision for a 60/40 split in favor of the husband.
- Category: Substantive
- Related Cases:
  - [2006] 4 SLR 605
  - [1989] SLR 342
  - [1999] 1 SLR 651
  - [2007] 1 SLR 75
  - [2001] 3 SLR 225
  - [2000] 4 SLR 466
  - [2001] 1 SLR 419
  - [1998] SGHC 204
  - [2000] 1 SLR 274
  - [1999] 4 SLR 408
  - [2001] 1 AC 596
  - [2006] 2 AC 618
Maintenance
- Outcome: The court rescinded the trial judge's order for a lump sum maintenance payment of $60,000, determining that no maintenance order was appropriate given the equal division of matrimonial assets.
- Category: Substantive

8. Remedies Sought

Division of Matrimonial Assets
Maintenance

9. Cause of Actions

Divorce

10. Practice Areas

Divorce
Family Law
Matrimonial Assets Division

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Chen Siew Hwee v Low Kee Guan	Singapore High Court	Yes	[2006] 4 SLR 605	Singapore	Cited for the principle that the court's discretion in dividing matrimonial property should be exercised broadly, focusing on fairness and reasonableness.
Koo Shirley v Mok Kong Chua Kenneth	Singapore High Court	Yes	[1989] SLR 342	Singapore	Cited as support for the principle that the court's discretion is to be exercised in broad strokes rather than by way of an unrealistic mathematical approach.
Yeong Swan Ann v Lim Fei Yen	Singapore Court of Appeal	Yes	[1999] 1 SLR 651	Singapore	Cited as support for the principle that the court's discretion is to be exercised in broad strokes rather than by way of an unrealistic mathematical approach.
NI v NJ	Singapore High Court	Yes	[2007] 1 SLR 75	Singapore	Cited for the principle that the division of matrimonial assets should be approached with latitude, applying sound discretion rather than rigid formulas, and ensuring an equitable share for the wife.
Lim Choon Lai v Chew Kim Heng	Singapore Court of Appeal	Yes	[2001] 3 SLR 225	Singapore	Cited as an example where the court awarded a larger share of matrimonial assets to the wife due to her significant financial and non-financial contributions.
Yow Mee Lan v Chen Kai Buan	Singapore Court of Appeal	Yes	[2000] 4 SLR 466	Singapore	Cited as one of the occasions when the court decided that an equal division of matrimonial assets is just and equitable on the facts of the case.
Ryan v Berger	Singapore Court of Appeal	Yes	[2001] 1 SLR 419	Singapore	Cited as one of the occasions when the court decided that an equal division of matrimonial assets is just and equitable on the facts of the case.
Soh Chan Soon v Tan Choon Yock	Singapore High Court	Yes	[1998] SGHC 204	Singapore	Cited as an example of a case where the judge leaned towards the idea of equality as a starting point, but was outnumbered by decisions that decided otherwise.
Louis Pius Gilbert v Louis Anne Lise	Singapore High Court	Yes	[2000] 1 SLR 274	Singapore	Cited as an example of a case where the judge leaned towards the idea of equality as a starting point, but was outnumbered by decisions that decided otherwise.
Lau Loon Seng v Sia Peck Eng	Singapore High Court	Yes	[1999] 4 SLR 408	Singapore	Cited as a case that decided against equality as a starting point.
White v White	House of Lords	Yes	[2001] 1 AC 596	England	Cited to discuss the concept of equal division as a check against tentative views reached, and to ensure the absence of discrimination between husband and wife and their respective roles.
Miller v Miller	House of Lords	Yes	[2006] 2 AC 618	England	Cited for emphasizing that fairness was the main focus in so far as the division of matrimonial assets was concerned.
Chua Kwee Chen, Lim Kah Nee and Lim Chah In v Koh Choon Chin	Singapore High Court	Yes	[2006] 3 SLR 469	Singapore	Cited for the principle that legal practice necessarily involves discretion, which is a great strength.
Wellmix Organics (International) Pte Ltd v Lau Yu Man	Singapore Court of Appeal	Yes	[2006] 2 SLR 117	Singapore	Cited for the principle that the courts exercise discretion in a structured and fair manner.
Chwee Kin Keong v Digilandmall.com Pte Ltd	Singapore Court of Appeal	Yes	[2005] 1 SLR 502	Singapore	Cited for the principle that while certainty is desirable, it is not an object which should prevail in all circumstances, even against the dictates of justice.

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
Division of Assets
Maintenance
Homemaker
Financial Contribution
Non-Financial Contribution
Equal Division
Lump Sum Payment

15.2 Keywords

matrimonial assets
division of assets
family law
divorce
maintenance
Lock Yeng Fun
Chua Hock Chye

17. Areas of Law

Area Name	Relevance Score
Family Law	95
Matrimonial Assets	95
Division of Assets	95
Maintenance	70

16. Subjects

Family Law
Division of Matrimonial Assets
Maintenance