ATT v ATS: Division of Matrimonial Assets and Wife's Maintenance After Divorce

In ATT v ATS, the Singapore Court of Appeal heard an appeal concerning the division of matrimonial assets and maintenance for the wife and children following a divorce. The High Court had ordered a 'property swap' and monthly maintenance payments. The Court of Appeal partially allowed the husband's appeal, adjusting the division of matrimonial assets to 55% for the husband and 45% for the wife, while upholding the original maintenance sum. The court found that the High Court erred in not considering the husband's Forex trading losses as part of the matrimonial pool.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning the division of matrimonial assets and maintenance for the wife and children after divorce. The Court of Appeal adjusted the asset division.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
ATSRespondentIndividualDivision of assets adjustedLost
ATTAppellantIndividualAppeal Allowed in PartPartial

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of the Court of AppealYes
Andrew Phang Boon LeongJustice of the Court of AppealNo
V K RajahJustice of the Court of AppealNo

4. Counsels

Counsel NameOrganization
Koh Tien HuaHarry Elias Partnership LLP
Lim Sok Hui GinaHarry Elias Partnership LLP
Prabhakaran s/o Narayan NairDerrick Wong & Lim BC LLP

4. Facts

  1. The couple was married on 19 January 1994 and had three children.
  2. The wife filed for divorce on 16 July 2009, citing the husband's behavior.
  3. The wife worked as a quantity surveyor and building manager until 1999, then became a full-time homemaker.
  4. The couple held three immovable properties as joint tenants: DDD, MMM, and a Malaysian property.
  5. The husband made real estate investments, including the Queen Astrid Park property and the One Jervois property.
  6. The husband incurred Forex trading losses, secured by a $700,000 loan against DDD.
  7. MMM was sold for $2.8m at an en bloc sale after the Husband had filed his Notice of Appeal on 18 April 2011.

5. Formal Citations

  1. ATT v ATS, Civil Appeal No 51 of 2011, [2012] SGCA 22
  2. ATS v ATT, , [2011] SGHC 213

6. Timeline

DateEvent
Couple married
Wife became a full-time homemaker
Wife filed for divorce
Interim judgment for divorce granted
Wife mooted a 'property swap' proposal
Wife clarified her position in relation to MMM
Wife confirmed her final proposal
Husband filed his Notice of Appeal
Order for Collective Sale of MMM was made
Immovable properties to be valued
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court adjusted the division of matrimonial assets to 55:45 in favor of the husband.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct financial contributions
      • Indirect non-financial contributions
      • Inclusion of Forex trading losses
  2. Maintenance of Wife and Children
    • Outcome: The court upheld the original maintenance sum awarded by the Judge.
    • Category: Substantive
    • Sub-Issues:
      • Earning capacity of wife
      • Needs of wife and children
      • Capacity of husband to pay
  3. Full and Frank Disclosure
    • Outcome: The court agreed with the Judge that an adverse inference should be drawn against the Husband in this instance, and it should reduce the proportion of the assets he would otherwise be entitled to.
    • Category: Procedural
    • Sub-Issues:
      • Adverse inference
      • Documentary inconsistencies

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife and Children

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Assets Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for the principles governing appellate intervention on the division of matrimonial assets.
Koh Bee Choo v Choo Chai HuahCourt of AppealYes[2007] SGCA 21SingaporeCited for the principle that the court must not take into account irrelevant considerations or fail to take into account relevant considerations in determining the division of matrimonial assets.
Koh Kim Lan Angela v Choong Kian Haw and another appealCourt of AppealYes[1993] 3 SLR(R) 491SingaporeCited for the principle that business assets of the family or of either spouse could constitute matrimonial assets which are liable to be divided.
Lim Choon Lai v Chew Kim HengHigh CourtYes[2001] 2 SLR(R) 260SingaporeCited for the principle that a broad-brush approach is appropriate and is typically adopted in the division of matrimonial assets.
ZD v ZE & anotherHigh CourtYes[2008] SGHC 225SingaporeCited as a precedent for the division of matrimonial assets in cases involving moderately lengthy marriages.
MZ v NADistrict CourtYes[2006] SGDC 96SingaporeCited as a precedent for the division of matrimonial assets in cases involving moderately lengthy marriages.
MZ v NAHigh CourtYes[2006] SGHC 95SingaporeCited as a precedent for the division of matrimonial assets in cases involving moderately lengthy marriages.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited as a precedent for the division of matrimonial assets in cases involving moderately lengthy marriages.
Wee Ah Lian v Teo Siak WengCourt of AppealYes[1992] 1 SLR(R) 347SingaporeCited for the principle that a party’s failure to fulfil the duty of full and fair disclosure may lead the court to draw adverse inferences against him.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the principle that in drawing an adverse inference, the presiding court may elect to either add a specific sum of the undeclared asset to the matrimonial pool for division or order a higher proportion of the known assets to the other party.
Quek Lee Tiam v Ho Kim Swee (alias Ho Kian Guan)High CourtYes[1995] SGHC 23SingaporeCited for the principle that the Wife should exert herself, [to] secure a gainful employment, and earn as much as reasonably possible.
NI v NJHigh CourtYes[2007] 1 SLR(R) 75SingaporeCited for the principle that the Wife should exert herself, [to] secure a gainful employment, and earn as much as reasonably possible.
ATS v ATTHigh CourtYes[2011] SGHC 213SingaporeThis was an appeal from the decision of the High Court.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s CharterSingapore
s 95(3)(b) of the Women’s CharterSingapore
s 112 of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Property Swap
  • Maintenance
  • Forex Trading Losses
  • En Bloc Sale
  • CPF Contributions
  • Homemaker
  • Immovable Properties

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • family law
  • property division
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Divorce90
Maintenance85
Children's Welfare75
Child Custody70
Child Support65
Property Law50
Civil Procedure30
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance