TQ v TR: Prenuptial Agreement Validity & Division of Matrimonial Assets
In TQ v TR, the Singapore Court of Appeal heard an appeal regarding ancillary orders in a divorce case between a Dutch husband and a Swedish wife. A key issue was the validity and enforceability of a prenuptial agreement executed in the Netherlands. The court upheld the validity of the prenuptial agreement, which stipulated no community of property, and gave it significant weight in deciding not to order a division of matrimonial assets. The court also varied orders regarding spousal maintenance and care and control of the children.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal allowed in part. The court varied the orders below regarding spousal maintenance and care and control of the children, but made no order as to the division of assets, giving significant weight to the prenuptial agreement.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore Court of Appeal case concerning the validity of a prenuptial agreement and its impact on the division of matrimonial assets in a divorce.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TQ | Respondent | Individual | Appeal allowed in part | Partial | Quek Mong Hua, Tan Siew Kim, Yip Luyang Elena |
| TR | Appellant | Individual | Appeal allowed in part | Partial | Foo Siew Fong, Loh Wern Sze Nicole |
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 |
|---|---|
| Foo Siew Fong | Harry Elias Partnership |
| Loh Wern Sze Nicole | Harry Elias Partnership |
| Quek Mong Hua | Lee & Lee |
| Tan Siew Kim | Lee & Lee |
| Yip Luyang Elena | Lee & Lee |
4. Facts
- The husband is a Dutch citizen, and the wife is a Swedish citizen.
- The couple executed a prenuptial agreement in the Netherlands stating there would be no community of property.
- The couple married in the Netherlands in 1991 and lived in London until 1997.
- Three children were born during the marriage: a son and two daughters, one of whom is handicapped.
- The family moved to Singapore in 1997 when the husband obtained a job there.
- The wife filed for divorce in Singapore in 2004.
- The husband set up a trust fund in Mauritius after the decree nisi was granted.
5. Formal Citations
- TQ v TR and Another Appeal, CA 93/2007, 94/2007, [2009] SGCA 6
- TQ v TR, , [2007] 3 SLR 719
6. Timeline
| Date | Event |
|---|---|
| Couple met in London, UK in the late 1980s. | |
| Wife moved to London to live with Husband. | |
| Prenuptial agreement executed in the Netherlands. | |
| Couple married in the Netherlands. | |
| Son born. | |
| First Daughter born. | |
| Second Daughter born. | |
| Family moved to Singapore. | |
| Wife left the matrimonial home. | |
| Wife filed for divorce in Singapore. | |
| Interim care and control of the Children granted to the Husband. | |
| Interim maintenance raised on appeal to $1,600 a month. | |
| Decree nisi granted. | |
| Husband set up ALLIJU Trust in Mauritius. | |
| Judge made orders on ancillary matters. | |
| Court of Appeal varied the orders below. | |
| Husband was to pay the Wife a further lump sum maintenance of $100,000 in 12 equal monthly instalments, beginning 1 March 2008. | |
| Decision Date |
7. Legal Issues
- Validity of Prenuptial Agreement
- Outcome: The court held that the prenuptial agreement was valid under Dutch law and should be given significant weight.
- Category: Substantive
- Sub-Issues:
- Choice of law
- Express choice of law
- Implied choice of law
- Compliance with Dutch law
- Variation by subsequent conduct
- Division of Matrimonial Assets
- Outcome: The court made no order as to the division of assets, giving significant weight to the prenuptial agreement.
- Category: Substantive
- Sub-Issues:
- Effect of prenuptial agreement
- Just and equitable division
- Contributions to the marriage
- Needs of the children
- Custody, Care and Control of Children
- Outcome: The court varied the orders below regarding care and control of the children.
- Category: Substantive
- Sub-Issues:
- Best interests of the child
- Wishes of the child
- Parents' circumstances
- Maintenance for Wife and Children
- Outcome: The court varied the orders below regarding spousal maintenance and maintenance for the children.
- Category: Substantive
- Sub-Issues:
- Earning capacities of parties
- Needs of the children
- Standard of living during marriage
8. Remedies Sought
- Custody of children
- Care and control of children
- Maintenance for wife
- Maintenance for children
- Division of matrimonial assets
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TQ v TR | High Court | Yes | [2007] 3 SLR 719 | Singapore | Refers to the judgment below being appealed against. |
| Ladd v Marshall | English Court of Appeal | Yes | [1954] 1 WLR 1489 | England | Cited for the principles regarding the introduction of new evidence on appeal. |
| Tan Yock Lin, Conflicts Issues in Family and Succession Law | N/A | Yes | Tan Yock Lin, Conflicts Issues in Family and Succession Law (Butterworths Asia, 1993) | N/A | Cited for the principle that the validity of a contract is governed by its proper law. |
| Dicey, Morris & Collins on The Conflict of Laws | N/A | Yes | Dicey, Morris & Collins on The Conflict of Laws (Sir Lawrence Collins gen ed) (Sweet & Maxwell, 14th Ed, 2006) | N/A | Cited for the rules on determining the proper law of a contract. |
| NG v KR (Pre-nuptial contract) | English High Court | Yes | [2008] EWHC 1532 | England | Cited for the principle that the governing law relating to ancillary matters is Singapore law. |
| N v N (Jurisdiction: Pre-nuptial Agreement) | English High Court | Yes | [1999] 2 FLR 745 | England | Cited to distinguish prenuptial agreements from prenuptial settlements. |
| Kwong Sin Hwa v Lau Lee Yen | Court of Appeal | Yes | [1993] 1 SLR 457 | Singapore | Cited for the principle that the received rules and principles of English common law must be subject to the circumstances of Singapore. |
| Brodie v Brodie | N/A | Yes | [1917] P 271 | England | Cited as an example of a prenuptial agreement that was against public policy and void. |
| Chan Yeong Keay v Yeo Mei Ling | High Court | Yes | [1994] 2 SLR 541 | Singapore | Decision that referred to Kwong Sin Hwa. |
| Tan Lan Eng v Lim Swee Eng | High Court | Yes | [1994] 1 SLR 65 | Singapore | Decision that referred to Kwong Sin Hwa. |
| Hyman v Hyman | House of Lords | Yes | [1929] AC 601 | England | Cited for the principle that an agreement preventing a wife from seeking maintenance is void as contrary to public policy. |
| Wong Kam Fong Anne v Ang Ann Liang | High Court | Yes | [1993] 2 SLR 192 | Singapore | Local decision that cited Hyman. |
| Chia Hock Hua v Chong Choo Je | High Court | Yes | [1995] 1 SLR 380 | Singapore | Local decision that cited Hyman. |
| Tan Siew Choon v Tan Kai Ho | N/A | Yes | [1969-1971] SLR 361 | Singapore | Compared to the pre-nuptial agreement in Brodie. |
| Edgar v Edgar | English Court of Appeal | Yes | (1981) 2 FLR 19 | England | Reference to the English Court of Appeal decision. |
| MacLeod v MacLeod | Privy Council | Yes | [2008] UKPC 64 | United Kingdom | Cited for the difference between prenuptial and postnuptial agreements. |
| Wee Ah Lian v Teo Siak Weng | Court of Appeal | Yes | [1992] 1 SLR 688 | Singapore | Reference to the decision of this court. |
| M v M (Prenuptial Agreement) | English High Court | Yes | [2002] 1 FLR 654 | England | Reference to the English High Court decision. |
| Crossley v Crossley | English Court of Appeal | Yes | [2008] 1 FLR 1467 | England | Cited as an example of a case where a prenuptial agreement was accorded significant weight. |
| K v K (Ancillary Relief: Prenuptial Agreement) | English High Court | Yes | [2003] 1 FLR 120 | England | Reference to the English High Court decision. |
| J v V (Disclosure: Offshore Corporations) | English High Court | Yes | [2004] 1 FLR 1042 | England | Reference to the English High Court decision. |
| Tan Siew Eng v Ng Meng Hin | High Court | Yes | [2003] 3 SLR 474 | Singapore | Reference to the Singapore High Court decision. |
| Bennett v Bennett | English Court of Appeal | Yes | [1952] 1 KB 249 | England | Reference to the English Court of Appeal decision. |
| Brooks v Burns Philp Trustee Co Ltd | Australian High Court | Yes | (1969) 121 CLR 432 | Australia | Reference to the Australian High Court decision. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women's Charter (Cap 353, 1997 Rev Ed) s 112 | Singapore |
| Women's Charter (Cap 353, 1997 Rev Ed) s 116 | Singapore |
| Women's Charter (Cap 353, 1997 Rev Ed) s 119 | Singapore |
| Women's Charter (Cap 353, 1997 Rev Ed) s 132 | Singapore |
| Women's Charter (Cap 353, 1997 Rev Ed) s 129 | Singapore |
| Women's Charter (Cap 353, 1997 Rev Ed) s 125(2) | Singapore |
| Application of English Law Act (Cap 7A, 1994 Rev Ed) s 3 | Singapore |
| Supreme Court of Judicature (Consolidation) Act 1925 (c 49) (UK) s 190 | United Kingdom |
| Matrimonial Causes Act 1973 (c 18) (UK) s 25 | United Kingdom |
15. Key Terms and Keywords
15.1 Key Terms
- Prenuptial agreement
- Matrimonial assets
- Care and control
- Maintenance
- Domicile
- Conflict of laws
- Proper law
- Community of property
- ALLIJU Trust
15.2 Keywords
- Prenuptial agreement
- Divorce
- Matrimonial assets
- Singapore
- Family law
- Conflict of laws
16. Subjects
- Family Law
- Conflict of Laws
- Contract Law
- Prenuptial Agreements
- Matrimonial Assets
17. Areas of Law
- Conflict of Laws
- Family Law
- Contract Law
- Prenuptial Agreements
- Matrimonial Assets
- Custody
- Maintenance