Wan Lai Cheng v Quek Seow Kee: Division of Matrimonial Assets & Maintenance

In the divorce case of *Wan Lai Cheng v Quek Seow Kee*, the High Court of Singapore addressed the division of matrimonial assets and maintenance for the plaintiff/wife. The key issue was whether shares registered in the plaintiff's name in three companies were held beneficially or on trust for the defendant/husband. The court found the shares were gifts to the plaintiff and thus her assets, but considered them in the overall division of assets. The court awarded the plaintiff 35% of the net asset value of the matrimonial home and 25% of the other matrimonial assets, and ordered the defendant to pay monthly maintenance of $2000.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and monthly maintenance payments.

1.3 Case Type

Family

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets, including shares in family companies, and the determination of spousal maintenance.

1.7 Decision Date

13 January 2011

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
Wan Lai Cheng	Plaintiff	Individual	Partial	Partial	Luna Yap
Quek Seow Kee	Defendant	Individual	Partial	Partial	Randolph Khoo, Chew Ching Li

3. Judges

Judge Name	Title	Delivered Judgment
Kan Ting Chiu	Judge	Yes

4. Counsels

Counsel Name	Organization
Luna Yap	Luna Yap & Co
Randolph Khoo	Drew & Napier LLC
Chew Ching Li	Drew & Napier LLC

4. Facts

The parties were married for 36 years and have two adult sons.
The defendant came from a wealthy family and was self-employed.
The plaintiff was a teacher until she retired.
The plaintiff is the registered owner of shares in three companies: Hawick, Kelso, and Skeve.
These companies own valuable residential properties.
The defendant claimed the shares were held by the plaintiff on trust for him.
The plaintiff declined to put her shares in the companies into a proposed trust.

5. Formal Citations

Wan Lai Cheng v Quek Seow Kee, DT No 3449 of 2007, [2011] SGHC 9

6. Timeline

Date	Event
2007-01-01	Divorce proceedings filed
2007-03-01	Defendant wanted to create a wealth plan for the family to save on estate duty.
2007-04-16	Defendant sent an email to the plaintiff and their sons regarding the wealth plan.
2007-07-09	Plaintiff wrote to the defendant regarding the wealth plan and her shares.
2007-07-18	Defendant responded to the plaintiff's letter regarding the wealth plan.
2011-01-14	Judgment reserved

7. Legal Issues

Division of Matrimonial Assets
- Outcome: The court determined that the shares were gifts to the plaintiff and thus her assets, but considered them in the overall division of assets.
- Category: Substantive
- Sub-Issues:
  - Valuation of assets
  - Classification of assets as matrimonial or non-matrimonial
  - Inter-spousal gifts
- Related Cases:
  - [1996] 1 SLR(R) 633
  - [1995] SGHC 78
Maintenance for Plaintiff
- Outcome: The court ordered the defendant to pay the plaintiff monthly maintenance of $2000.
- Category: Substantive
- Sub-Issues:
  - Lump sum payment vs. periodic payments
  - Financial needs of the plaintiff
  - Earning capacity of the defendant
- Related Cases:
  - [1991] 2 SLR(R) 196
Resulting Trust
- Outcome: The court found that the presumption of a resulting trust was displaced by the presumption of advancement in favour of the plaintiff/wife.
- Category: Substantive

8. Remedies Sought

Division of Matrimonial Assets
Lump Sum Maintenance Payment

9. Cause of Actions

Divorce
Division of Matrimonial Assets
Maintenance

10. Practice Areas

Divorce Litigation
Family Law
Matrimonial Asset Division

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
Yeo Gim Tong Michael v Tianzon Lolita	Court of Appeal	Yes	[1996] 1 SLR(R) 633	Singapore	Cited regarding the division of assets gifted between spouses, noting that such gifts should be liable to division unless highly personal or de minimis.
Soon Geok Hong v Ong Yeow Tiong	High Court	Yes	[1995] SGHC 78	Singapore	Cited for the dicta that when a gift is made between spouses, it must be implied that the donor will not seek to be entitled to any share in them if the marriage is dissolved.
Wang Shi Huah Karen v Wong King Cheung Kevin	Unknown	Yes	[1992] 2 SLR(R) 172	Singapore	Cited to support the point that the intention of the spouses as regards a gift between them at the time the gift was made is not relevant upon their divorce.
Chen Siew Hwee v Low Kee Guan	Unknown	Yes	[2006] 4 SLR(R) 605	Singapore	Cited by the plaintiff to support her claim for 40% of the matrimonial assets, referencing a case where the wife was awarded 35% in a 17-year childless marriage.
Ong Chen Leng v Tan Sau Poo	Court of Appeal	Yes	[1993] 2 SLR(R) 545	Singapore	Cited by the defendant to justify his offer of 35% of the matrimonial home, referencing a case where the wife was awarded 35% in a 23-year marriage with 3 children.
Kwok Wai Leng v Chan Sooi Hong	Unknown	Yes	[2004] 2 SLR(R) 386	Singapore	Cited by the defendant to justify his offer of 35% of the matrimonial home, referencing a case where the wife was awarded 35% of the matrimonial flat in a 37-year marriage.
Lee Puey Hwa v Tay Cheow Seng	Court of Appeal	Yes	[1991] 2 SLR(R) 196	Singapore	Cited for the guidelines on lump sum maintenance payments, stating that a clean break should be taken advantage of whenever feasible.

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
Inter-spousal Gift
Resulting Trust
Presumption of Advancement
Wealth Plan
Estate Duty
Sham Shareholding
Maintenance
Net Asset Value
Matrimonial Home

15.2 Keywords

divorce
matrimonial assets
maintenance
family law
Singapore
inter-spousal gift
trust
shares
property

16. Subjects

Family Law
Divorce
Matrimonial Assets
Trusts

17. Areas of Law

Family Law
Divorce Law
Matrimonial Assets
Trust Law