See Toh Mei Yew v Shee Ping Fatt: Division of Matrimonial Assets and Lump Sum Maintenance in Divorce
In the divorce case of See Toh Mei Yew v Shee Ping Fatt, the High Court of Singapore, presided over by Choo Han Teck J, addressed ancillary matters concerning the division of matrimonial assets and maintenance. The divorce was granted based on the defendant's adultery. The court ordered the plaintiff to receive 45% of the matrimonial flat, the defendant to receive 55%, and the defendant to pay a lump sum of $400,000 for the plaintiff's maintenance. Other assets were to be retained individually or divided equally if jointly owned. The plaintiff appealed the lump sum alimony award.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets and lump sum maintenance payment.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the division of matrimonial assets and a lump sum maintenance payment. The court awarded the wife 45% of the matrimonial flat and a $400,000 lump sum.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| See Toh Mei Yew | Plaintiff | Individual | Share of matrimonial flat and lump sum maintenance awarded | Partial | Ellen Lee |
| Shee Ping Fatt | Defendant | Individual | Share of matrimonial flat and lump sum maintenance to be paid | Lost | Foo Siew Fong |
| Fu Ying | Defendant | Individual | Not applicable | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Ellen Lee | Ramdas & Wong |
| Foo Siew Fong | Harry Elias Partnership |
4. Facts
- The parties were both 63 years old at the time of the ancillary matters hearing.
- The parties were married on 12 May 1973.
- The divorce was based on the defendant’s adultery with the co-defendant.
- The plaintiff was a housewife, and the defendant was a public accountant.
- The plaintiff claimed the defendant did not fully disclose his assets.
- The defendant sold a flat in Shanghai and loaned $520,000 to his friend and sibling.
5. Formal Citations
- See Toh Mei Yew v Shee Ping Fatt and Another, DT 3016/2007, [2009] SGHC 200
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Orders made regarding division of assets and maintenance | |
| Plaintiff filed an appeal against the award of $400,000 lump sum alimony | |
| Defendant's application to pay lump sum maintenance from sale of flat allowed | |
| Residual disputes resolved regarding division of proceeds from sale of flat | |
| Decision Date | |
| Flat to be sold by end of December 2009 |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered a 45/55 split of the matrimonial flat in favor of the plaintiff/defendant respectively and directed the parties to retain other assets in their respective names, with jointly held assets to be divided equally.
- Category: Substantive
- Lump Sum Maintenance
- Outcome: The court ordered the defendant to pay the plaintiff a lump sum of $400,000 towards maintenance.
- Category: Substantive
- Non-Disclosure of Assets
- Outcome: The court found that the defendant probably did not disclose his assets fully but that tracking his real worth would require an extensive and costly audit.
- Category: Substantive
8. Remedies Sought
- Division of matrimonial assets
- Maintenance
9. Cause of Actions
- Divorce
- Adultery
10. Practice Areas
- Family Law
- Divorce
- Asset Division
11. Industries
- Accounting
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Lump sum maintenance
- Ancillary matters
- Adultery
- Non-disclosure of assets
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
16. Subjects
- Family Law
- Divorce
- Asset Division
- Maintenance
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets
- Maintenance