Yong Shao Keat v Foo Jock Khim: Division of Matrimonial Assets & Wife's Maintenance

In Yong Shao Keat v Foo Jock Khim, the Singapore High Court addressed the ancillary matters of a divorce, specifically the division of matrimonial assets and maintenance for the wife, Foo Jock Khim, and a child accepted as a member of the family. The court, presided over by Quentin Loh J, adopted a global assessment methodology to divide the matrimonial assets, valuing them as of the date of the interim judgment for divorce (July 2, 2008). The court found non-disclosures by both parties, with the husband's being more substantial. Ultimately, the court ordered an equal division of the matrimonial assets and awarded the wife a lump sum maintenance of S$192,000.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Matrimonial assets divided equally; lump sum maintenance of S$192,000 awarded to the wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court decision regarding the division of matrimonial assets and maintenance for the wife and child in a divorce.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Yong Shao KeatPlaintiffIndividualDivision of Matrimonial AssetsPartial
Foo Jock KhimDefendantIndividualDivision of Matrimonial AssetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Quentin LohJudgeYes

4. Counsels

Counsel NameOrganization
Jinny TanWee, Tay & Lim LLP
George Lim SCWee, Tay & Lim LLP
Ang Gek PengEastern Law Corporation
Chris ChngEastern Law Corporation

4. Facts

  1. The husband and wife were married on March 24, 1979, and lived apart since 1996.
  2. The husband obtained an interim judgment for divorce on July 2, 2008, which was made final on March 17, 2010.
  3. The husband has two children from another relationship, one of whom, Yong Li, was accepted as a member of the family.
  4. The parties owned a matrimonial home at Block 103 Cashew Road #15-01 Cashew Heights Singapore 679674.
  5. The husband purchased a property at Block 810 Bedok Reservoir Road #09-10 Baywater Condo, Singapore 479241 with his current wife, Fan Yu Yan.
  6. The wife resigned from her employment in 1993 to take care of the children.
  7. The husband did not disclose the existence of his interests in Chong Park Pharmaceutical and IDR Superior until his second affidavit.

5. Formal Citations

  1. Yong Shao Keat v Foo Jock Khim, Divorce Transfer No 1074 of 2008, [2012] SGHC 107

6. Timeline

DateEvent
Parties married
Parties began living apart
Husband purchased Baywater Property with Fan Yu Yan
Husband withdrew S$62,557.77 from CPF account
Interim judgment for divorce obtained
Husband purchased Mercedes Benz 250E Vehicle
Interim judgment made final
Hearing of ancillary matters took place
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered an equal division of the matrimonial assets, taking into account direct and indirect contributions, non-disclosures, and other relevant factors.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct contributions
      • Indirect contributions
      • Non-disclosure of assets
  2. Maintenance for Wife
    • Outcome: The court awarded the wife a lump sum maintenance of S$192,000, considering her needs, the husband's means, and other relevant factors.
    • Category: Substantive
    • Sub-Issues:
      • Earning capacity
      • Financial needs
      • Standard of living
      • Duration of marriage
      • Physical disability
  3. Maintenance for Child
    • Outcome: The court made no order for the husband to pay the wife maintenance for Yong Li, as the husband was already paying for her expenses and school fees.
    • Category: Substantive
  4. Duty of Full and Frank Disclosure
    • Outcome: The court drew adverse inferences against both parties for failing to fully disclose their assets, with the husband's non-disclosures being more substantial.
    • Category: Procedural
    • Sub-Issues:
      • Non-disclosure of assets
      • Adverse inferences

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Child

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Litigation
  • Ancillary Matters

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the two broad approaches to the division of matrimonial assets: the “global assessment methodology” and the “classification methodology”.
Yeo Chong Lin v Tay Ang Choo NancyCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for the principle that there is no single operative date applicable in all cases for determining matrimonial assets and for the treatment of assets acquired after the operative date.
Lau Siew Kim v Yeo Guan Chye Terence and anotherCourt of AppealYes[2008] 2 SLR(R) 108SingaporeCited for the principles regarding resulting trusts and the presumption of advancement in property ownership, particularly in the context of unequal contributions to the purchase price.
NK v NLCourt of AppealYes[2010] 4 SLR 792SingaporeCited regarding disputing the valuation of a court-appointed valuer and seeking a revaluation.
Foo Ah Yan v Chiam Heng ChowSingapore Court of AppealYes[2012] SGCA 15SingaporeCited for the need to adopt a “commonsense holistic approach” when considering the objective of an order for maintenance.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Global assessment methodology
  • Interim judgment
  • Resulting trust
  • Presumption of advancement
  • Full and frank disclosure
  • Adverse inference
  • Lump sum maintenance
  • Multiplier
  • Clean break

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • family law
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Matrimonial Assets90
Division of Assets90
Maintenance85
Maintenance (Wife)80
Maintenance (Child)75
Evidence20
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance