Choo Hwee Nee v Tan Puay Kern: Division of Matrimonial Assets and Maintenance
In the case of Choo Hwee Nee v Tan Puay Kern, the High Court of Singapore, presided over by Justice Kan Ting Chiu on 30 June 2011, addressed the ancillary matters following the divorce of the parties, specifically the division of matrimonial assets and maintenance for the wife and two children. The court ordered a division of the matrimonial home, awarding the wife 55% of its net value, and made orders for the husband to pay the children's university and polytechnic fees, expenses for books and necessities, and a monthly maintenance of $1,000 to each child.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets and maintenance for the two children.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Division of matrimonial assets and maintenance for wife and children after divorce. Court orders division of matrimonial home and maintenance payments.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Choo Hwee Nee | Plaintiff | Individual | Partial | Partial | |
| Tan Puay Kern | Defendant | Individual | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kan Ting Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Yap Bock Heng Christopher | Christopher Yap & Co |
| Lim Biow Chuan | Derrick Wong & Lim BC LLP |
4. Facts
- The plaintiff and defendant were married in July 1987, separated in January 2007, and divorced in July 2009.
- The matrimonial home is located at 35 Harvey Crescent, Singapore 489397 and held jointly.
- The wife made a contribution of $49,300 towards the purchase of the matrimonial home.
- The net value of the matrimonial home was determined to be $1,188,119.
- The husband's assets were valued at $925,842.
- The wife's assets were valued at $149,728.
- The wife was awarded 55% of the matrimonial home.
5. Formal Citations
- Choo Hwee Nee v Tan Puay Kern, DT No 1359 of 2009/N, [2011] SGHC 158
6. Timeline
| Date | Event |
|---|---|
| Marriage of Choo Hwee Nee and Tan Puay Kern | |
| Separation of Choo Hwee Nee and Tan Puay Kern | |
| Divorce granted to Choo Hwee Nee and Tan Puay Kern | |
| Wife's affidavit filed claiming maintenance of $1 for herself | |
| Wife's Declaration of the Value of Matrimonial Assets (Amendment 1) filed | |
| Notes of Arguments | |
| Husband stopped paying maintenance | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered a division of the matrimonial home, awarding the wife 55% of its net value.
- Category: Substantive
- Maintenance for Children
- Outcome: The court ordered the husband to pay the children's university and polytechnic fees, expenses for books and necessities, and a monthly maintenance of $1,000 to each child.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Children
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Matrimonial and Ancillary Matters
11. Industries
- No industries specified
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 |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Matrimonial Home
- Maintenance
- Division of Assets
- Children's Education Expenses
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- children
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Maintenance | 80 |
| Child Support | 70 |
| Divorce | 60 |
| Contract Law | 20 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance