Kwek Eng Long v Gwee Chee Deng: Division of Matrimonial Assets in Divorce
In Kwek Eng Long v Gwee Chee Deng, the High Court of Singapore heard an appeal by Madam Gwee Chee Deng (“the Wife”) against the decision to divide the matrimonial assets in the ratio of 68% to the Wife and 32% to the plaintiff (“the Husband”). The Wife's appeal contested the valuation of the Husband's shares, the exclusion of proceeds from a Malaysian property sale, and the valuation date of her own shares. The court dismissed the appeal, upholding the original decision and reasoning that the valuation of assets should be determined at the time of the decree nisi, not the separation date.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed; original decision on division of matrimonial assets upheld.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the division of matrimonial assets. The court upheld its original decision, considering the valuation of assets and contributions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kwek Eng Long | Plaintiff | Individual | Original decision upheld | Won | Johnny Seah |
| Gwee Chee Deng | Defendant, Appellant | Individual | Appeal dismissed | Lost | Jeanny Ng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Johnny Seah | Seah & Co |
| Jeanny Ng | Jeanny Ng |
4. Facts
- The parties were married in 1963 and separated in 2004.
- The parties have four children.
- The Husband's direct contribution to matrimonial assets was 64.9%.
- The Wife's direct contribution to matrimonial assets was 35.1%.
- The parties entered into a deed of family arrangement in 2004.
- The Husband sold shares for about $55,000 and used the money for expenses.
- The Wife's shares increased in value between separation and division.
5. Formal Citations
- Kwek Eng Long v Gwee Chee Deng, , [2011] SGHC 96
6. Timeline
| Date | Event |
|---|---|
| Parties married. | |
| Parties separated. | |
| Parties entered into a deed of family arrangement. | |
| Husband commenced divorce proceedings. | |
| Husband made an affidavit regarding the sale of shares. | |
| Original decision on division of matrimonial assets was made. | |
| Wife filed Notice of Appeal. | |
| Appeal dismissed; grounds of decision issued. |
7. Legal Issues
- Valuation of Matrimonial Assets
- Outcome: The court ruled that the valuation of matrimonial assets should be determined at the time of the decree nisi, not the separation date.
- Category: Substantive
- Sub-Issues:
- Timing of valuation
- Inclusion of specific assets
8. Remedies Sought
- Appeal for a larger share of matrimonial assets
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Asset Division
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Deed of family arrangement
- Valuation date
- Direct contribution
- Indirect contribution
- Decree nisi
15.2 Keywords
- Divorce
- Matrimonial Assets
- Singapore
- Family Law
- Appeal
- Valuation
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets Division
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets