Chan Pui Yin v Lim Tiong Kei: Division of Matrimonial Assets After Divorce
In Chan Pui Yin v Lim Tiong Kei, the Singapore High Court addressed the division of matrimonial assets, custody, care and control of the child, and maintenance following the divorce of Chan Pui Yin and Lim Tiong Kei after 17 years of marriage. The court awarded Chan Pui Yin 30% of the matrimonial home and 30% of the remaining assets. Lim Tiong Kei appealed against the 30% share of the remaining matrimonial assets. The High Court dismissed the appeal in part, upholding the division of assets and orders for maintenance.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed in part.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on division of matrimonial assets, custody, care, and maintenance after a 17-year marriage. Appeal against the division of assets was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chan Pui Yin | Plaintiff | Individual | Appeal dismissed in part | Partial | |
| Lim Tiong Kei | Defendant, Appellant | Individual | Appeal dismissed in part | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Carrie Gill | Harry Elias Partnership LLP |
| Edith Chen | Tan Rajah & Cheah |
| Imran Hamid | Tan Rajah & Cheah |
4. Facts
- The parties were married for over 17 years before divorcing.
- The Plaintiff and Defendant have one child, Dawn Lim Yu Fen.
- The Defendant worked in Brunei for most of the marriage, while the Plaintiff and Dawn lived in Singapore.
- The Plaintiff and Dawn resided with the Defendant's parents in the Goldhill property.
- The Dunearn property was purchased with proceeds from the sale of the Silver Tower property, which was solely in the Defendant's name.
- The Plaintiff claimed she made indirect contributions to the marriage and family welfare.
- The Defendant was found to have failed to make full and frank disclosure of all information relevant to the ancillary proceedings.
5. Formal Citations
- Chan Pui Yin v Lim Tiong Kei, DT No 5623 of 2008, [2011] SGHC 200
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Dawn Lim Yu Fen born | |
| Defendant became registered owner of the Goldhill property | |
| Plaintiff’s mother fractured her hip | |
| Springside property purchased | |
| Springside property sold | |
| Dunearn property bought | |
| Enbloc sale of the Silver Tower property completed | |
| Defendant’s mother passed away | |
| Plaintiff instituted divorce proceedings | |
| Interim Judgment of Divorce granted | |
| Orders made regarding division of matrimonial assets, custody, care and control, and maintenance | |
| Defendant filed Notice of Appeal | |
| Decision Date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court upheld the division of matrimonial assets, awarding the Plaintiff 30% of the matrimonial home and 30% of the remaining assets, drawing adverse inferences against the Defendant for non-disclosure.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect non-financial contributions
- Exclusion of assets from division
- Adverse inference for non-disclosure
- Custody, Care and Control of Child
- Outcome: The court ordered joint custody of the child to both parents, with care and control to the Plaintiff.
- Category: Substantive
- Maintenance for Plaintiff and Child
- Outcome: The court ordered the Defendant to pay maintenance to the child at $2,500 per month and nominal maintenance to the Plaintiff at $1 per month.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Custody, Care and Control of Child
- Maintenance for Plaintiff
- Maintenance for Child
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Custody
- Maintenance
10. Practice Areas
- Family Litigation
- Divorce
- Ancillary Matters
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Ong Boon Huat Samuel v Chan Mei Lan Kristine | High Court | Yes | [2007] 2 SLR(R) 729 | Singapore | Cited for the proposition that the Court has the power to exclude a matrimonial asset from the pool of assets for division. |
| NK v NL | Court of Appeal | Yes | [2007] 3 SLR(R) 743 | Singapore | Observed that the exclusion of particular matrimonial assets from the overall computation and division exercise in favour of dividing only certain assets could prejudice the fair and equitable division. |
| Tham Lai Hoong v Fong Weng Sun Peter Vincent | High Court | Yes | [2002] 1 SLR(R) 391 | Singapore | Cited for the principle that excluding some assets from consideration could contribute to a misapprehension in the mind of the judge as to the extent of the matrimonial assets as well as the extent of each party’s contribution thereto. |
| Lim Choon Lai v Chew Kim Heng | Court of Appeal | Yes | [2001] 2 SLR(R) 260 | Singapore | Cited to state that the court will consider the factors listed in s 112(2) of the Women’s Charter if they are applicable. |
| Yeo Chong Lin v Tay Ang Choo Nancy | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited to illustrate that the court should give consideration and weight to the indirect non-financial contributions of the Plaintiff to the marriage and welfare of the family. |
| Koh Bee Choo v Choo Chai Huah | Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited to support the importance of non-financial contributions to the welfare of the family and noted that s 112(2)(d) of the Women’s Charter obliges the court to take into account the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family. |
| AHJ v AHK | High Court | Yes | [2010] SGHC 148 | Singapore | Cited to show that the court adopted a broad perspective in the division and awarded the wife 20% of its net value. |
| Lee Chung Meng Joseph v Krygsman Juliet Angela | High Court | Yes | [2000] 3 SLR(R) 965 | Singapore | Cited for the principle that having a maid in the household does not mean abdication of parental responsibility towards the child. |
| Pang Rosaline v Chan Kong Chin | Court of Appeal | Yes | [2009] 4 SLR(R) 935 | Singapore | Cited for the principle that having a maid in the household does not mean abdication of parental responsibility towards the child. |
| BG v BF | High Court | Yes | [2007] 3 SLR(R) 233 | Singapore | Cited for the principle that there is a duty on parties to make full and frank disclosure of all information relevant to the ancillary proceedings. |
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
- Division of Assets
- Custody
- Maintenance
- Indirect Contributions
- Absent Spouse
- Non-Disclosure
- Adverse Inference
- Dunearn Property
- Goldhill Property
15.2 Keywords
- Divorce
- Matrimonial Assets
- Singapore
- Family Law
- Custody
- Maintenance
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 98 |
| Division of Assets | 98 |
| Family Law | 95 |
| Divorce | 90 |
| Maintenance | 85 |
| Custody of Children | 80 |
| Children's Welfare | 75 |
| Duty of Candour | 60 |
| Evidence Law | 50 |
| Estoppel | 30 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Family Assets