ET v ES: Division of Matrimonial Assets, Custody, and Maintenance Dispute

In the High Court of Singapore, Justice Lee Seiu Kin presided over the divorce case of ET (wife) and ES (husband), concerning the division of matrimonial assets, custody and access arrangements for their two children, and maintenance for the wife and children. The court granted joint custody to both parents, with sole care and control to the wife, and specified access arrangements for the husband. The court determined the division of matrimonial assets, awarding 35% to the wife, and ordered a lump sum maintenance payment to the wife, along with monthly maintenance for the children. Both parties filed appeals against the orders.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets, custody, care and control, access, and 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 maintenance. The High Court determined asset division, care/control, and lump sum maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ETPetitionerIndividualJoint custody of the two children of the marriage, sole care and control of the children, 35% of the value of the matrimonial assets, lump sum maintenance of S$1,000,000.00, monthly maintenance of $2,500.00 per month for each child, costs to be taxed if not agreedPartial
ESRespondentIndividualOrders made against him for division of matrimonial assets, custody, care and control, access, and maintenance.Lost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Wendell WongDrew & Napier LLC
Tan Siu-LinDrew & Napier LLC
Chua Swee KengChua Swee Keng & Co

4. Facts

  1. The parties were married in 1996 and have two daughters born in 1996 and 1998.
  2. The husband comes from a well-to-do family and derives income from managing family-owned properties.
  3. The wife was a housewife during the marriage.
  4. The wife discovered the husband's affair in 2003, leading to the breakdown of the marriage.
  5. A decree nisi was granted in 2004 based on the wife's supplemental petition citing the husband's adultery.
  6. The husband had an income of about $20,000 per month after tax in the last seven years.
  7. The wife did not work during the marriage and had an income capacity of about $2,600 per month from assets.

5. Formal Citations

  1. ET v ES, OS 1200/2006, [2007] SGHC 152

6. Timeline

DateEvent
Parties began living together.
Parties married.
First daughter born.
Second daughter born.
Wife discovered husband's affair.
Husband filed Divorce Petition No 601568 of 2003.
Wife filed supplemental petition on grounds of husband’s adultery.
Family Court ordered husband to pay maintenance of $8,000 per month to the wife and children with effect from October 2003.
High Court increased maintenance to $12,000 per month, backdated to October 2003.
Decree nisi granted on wife’s supplemental petition.
Court granted order to transfer proceedings to the High Court.
Court made orders regarding custody, access, maintenance, and division of matrimonial assets.
Effective date for payment of rental proceeds and child maintenance.
Wife filed Civil Appeal No 55 of 2007.
Husband filed Civil Appeal No 58 of 2007.
Wife applied for execution of orders pending appeals.
Effective date for interim maintenance payment.
Husband filed an appeal against interim orders.
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined which assets fell within the definition of matrimonial assets and ordered a 35% share to the wife.
    • Category: Substantive
    • Sub-Issues:
      • Inclusion of income from non-matrimonial assets
      • Valuation of assets
      • Contribution to matrimonial assets
  2. Custody, Care and Control, and Access
    • Outcome: The court granted joint custody to both parents, with sole care and control to the wife, and specified access arrangements for the husband.
    • Category: Substantive
    • Sub-Issues:
      • Joint custody vs. sole care and control
      • Decision-making power in child-related matters
      • Access arrangements
  3. Maintenance
    • Outcome: The court ordered a lump sum maintenance payment to the wife and monthly maintenance for the children.
    • Category: Substantive
    • Sub-Issues:
      • Lump sum maintenance
      • Monthly maintenance for children
      • Factors affecting maintenance amount
  4. Interim Orders Pending Appeal
    • Outcome: The court ordered the husband to pay rental proceeds and deliver vacant possession of the matrimonial home to the wife, and to pay interim maintenance.
    • Category: Procedural
    • Sub-Issues:
      • Execution of orders pending appeal
      • Payment of rental proceeds
      • Delivery of vacant possession

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Custody of Children
  3. Maintenance for Wife and Children
  4. Transfer of Proceedings to High Court

9. Cause of Actions

  • Divorce
  • Adultery
  • Unreasonable Behaviour

10. Practice Areas

  • Divorce Litigation
  • Family Law
  • Child Custody
  • Matrimonial Asset Division
  • Maintenance Claims

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yow Mee Lan v Chan Kai BuanHigh CourtYes[2000] 4 SLR 466SingaporeCited by counsel for the husband to support the contention that income received during the marriage from assets that are not matrimonial assets does not constitute matrimonial assets. The court found the case to be irrelevant.
Chen Siew Hwee v Low Kee GuanHigh CourtYes[2006] 4 SLR 605SingaporeCited by counsel for the husband to support the contention that income received during the marriage from assets that are not matrimonial assets does not constitute matrimonial assets. The court found the case to be irrelevant.
Chan Mei Lan Kristine v Ong Boon Huat SamuelHigh CourtYes[2006] SGHC 108SingaporeCited by counsel for the husband to support the contention that income received during the marriage from assets that are not matrimonial assets does not constitute matrimonial assets. The court found the case to be of some relevance but was reversed on appeal.
Chan Teck Hock v Leong Mei ChuanCourt of AppealYes[2002] 1 SLR 177SingaporeCited in Chan Mei Lan Kristine v Ong Boon Huat Samuel for the principle that s 112(10)(b) was “not only clear but also extensive in nature”.
Ong Boon Huat Samuel v Chan Mei Lan KristineCourt of AppealYes[2007] 2 SLR 729SingaporeCited for the principle that the court's power to divide any matrimonial asset is a discretionary power.
Wong Kam Fong Anne v Ang Ann LiangHigh CourtYes[1993] 2 SLR 192SingaporeCited for the principle that it is not mandatory for the court to exercise its powers of division under s 112 and the court may generally decline to do so where a valid reason is given.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women's Charter (Cap 353, 1997 Rev Ed)Singapore
Women's Charter (Cap 353, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Custody
  • Care and Control
  • Access
  • Maintenance
  • Lump Sum Maintenance
  • Rental Proceeds
  • Decree Nisi
  • Interim Orders
  • Division of Matrimonial Property

15.2 Keywords

  • divorce
  • matrimonial assets
  • custody
  • maintenance
  • Singapore
  • family law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Division of Matrimonial Assets90
Maintenance80
Care and Control75
Civil Practice70
Matrimonial Home65
Child Custody60
Litigation50
Appeal40

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Custody
  • Maintenance