Wauters v Van Den Brande: Division of Matrimonial Assets in Divorce

In the divorce case of Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond Van Den Brande, the High Court of Singapore, presided over by Choo Han Teck J, addressed the division of matrimonial assets. The court ordered an equal 50% division of the matrimonial assets, considering both financial and non-financial contributions of each party during their 18-year marriage. The assets included the New Asia Fund, a property in Bali, and proceeds from the sale of a Belgian property.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Matrimonial assets to be split equally between the parties.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case concerning the division of matrimonial assets, including property and investments, in a divorce. The court ordered an equal division.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Sigrid Else Roger Marthe WautersPlaintiffIndividualPartial JudgmentPartial
Lieven Corneel Leo Raymond van den BrandeDefendantIndividualPartial JudgmentPartial

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tan Anamah Nee NagalingamAnn Tan & Associates
Loo Ming Nee BerniceAllen & Gledhill LLP
Magdalene SimAllen & Gledhill LLP

4. Facts

  1. The parties are Belgian nationals who married on 25 February 1992.
  2. The plaintiff filed for divorce on 25 June 2009.
  3. The division of matrimonial property concerned the New Asia Fund, the Bali Property, and the Fintro bank accounts.
  4. The defendant proposed a division of 90% to him and 10% to the plaintiff, except for the New Asia Fund.
  5. The plaintiff claimed 50% of the Fintro accounts and 85% of the New Asia Fund.
  6. The court found that most of the investments made by the couple were joint decisions.
  7. The total value of the matrimonial assets is approximately S$2,201,529.07.

5. Formal Citations

  1. Sigrid Else Roger Marthe Wauters v Lieven Corneel Leo Raymond Van Den Brande, Divorce Suit No 3195 of 2009, [2011] SGHC 237

6. Timeline

DateEvent
Parties married
Family moved to Singapore
Bali Property bought
Investment of US$300,000.00 made jointly by the parties
Divorce filed
Interim judgment granted
Parties appeared before the court for orders regarding the ancillary matters
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered an equal division of the matrimonial assets.
    • Category: Substantive
    • Related Cases:
      • [2000] 2 SLR(R) 659
      • [2011] 2 SLR 1157
      • [2011] 2 SLR 814
      • [2011] SGHC 216
      • [1996] 1 SLR(R) 633
      • [1999] 1 SLR(R) 554
  2. Inter-spousal Gifts as Matrimonial Assets
    • Outcome: The court held that inter-spousal gifts are to remain with the respective parties; however, the gifts are to form part of the 50% share awarded to each party.
    • Category: Substantive
    • Related Cases:
      • [2011] 2 SLR 814
      • [2011] SGHC 216
      • [1996] 1 SLR(R) 633

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yow Mee Lan v Chen Kai BuanHigh CourtYes[2000] 2 SLR(R) 659SingaporeCited for the principle that marriage is not a business and contributions should be considered consistently over a long period of time.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for the principle that the court is not expected to make an exact calculation of each spouse's contributions and a broad brush approach is often the most appropriate.
Wan Lai Cheng v Quek Seow KeeUnknownYes[2011] 2 SLR 814SingaporeCited for the position that inter-spousal gifts are not matrimonial assets liable to division under s 112 of the Women’s Charter.
Tan Cheng Guan v Tan Hwee LeeHigh CourtYes[2011] SGHC 216SingaporeCited for the judge's views on whether inter-spousal gifts fall within the pool of matrimonial assets.
Yeo Gim Tong Michael v Tianzon LolitaCourt of AppealYes[1996] 1 SLR(R) 633SingaporeCited for the principle that gifts acquired by one spouse and given to the other fell to be included within s 112 of the Women’s Charter.
Lee Leh Hua v Yip Kok LeongUnknownYes[1999] 1 SLR(R) 554SingaporeCited as an exceptional case where the equities of the situation were clearly against a retraction by the husband of his gift.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Section 112(10) of the Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Inter-spousal Gifts
  • Division of Assets
  • Financial Contribution
  • Non-financial Contribution

15.2 Keywords

  • divorce
  • matrimonial assets
  • family law
  • Singapore
  • asset division
  • inter-spousal gifts

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets98
Division of Assets98
Family Law95
Divorce90
Maintenance80
Child Custody75
Child Support70
Gifts60

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets