Wong Kien Keong v Khoo Hoon Eng: Setting Aside Deed of Separation in Division of Matrimonial Assets
In Wong Kien Keong v Khoo Hoon Eng, the High Court of Singapore heard an application by Mdm Khoo Hoon Eng to set aside a Deed of Separation entered into with Mr Wong Kien Keong before ancillary proceedings for their divorce. The court, presided over by Justice Belinda Ang Saw Ean, dismissed the application, finding no evidence of coercion, abuse, or undue influence that would invalidate the Deed. The Deed will be considered as a factor in the division of matrimonial assets.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Summons dismissed
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court dismissed Mdm Khoo Hoon Eng's application to set aside a Deed of Separation, finding no vitiating factors. The Deed will be considered in the division of matrimonial assets.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Wong Kien Keong | Plaintiff | Individual | Summons dismissed | Won | |
| Khoo Hoon Eng | Defendant | Individual | Summons dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Belinda Ang Saw Ean | Judge | Yes |
4. Counsels
4. Facts
- The parties were married for over 28 years and have two sons.
- The Defendant confessed to having an affair in November 2002.
- The parties separated on 12 March 2003.
- The parties signed a Deed of Separation on 28 March 2003.
- The Defendant alleged coercion, abuse, and threats in signing the Deed.
- The Plaintiff denied the allegations of abuse and coercion.
- The Defendant received legal advice prior to signing the Deed.
5. Formal Citations
- Wong Kien Keong v Khoo Hoon Eng, DT No 1446 of 2006 (Summons No 1553 of 2011), [2012] SGHC 127
6. Timeline
| Date | Event |
|---|---|
| Parties married in Kuala Lumpur, Malaysia | |
| Defendant confessed to having an affair | |
| Parties separated | |
| Plaintiff's email to Defendant regarding separation matters | |
| Parties signed the Deed of Separation | |
| Defendant filed a divorce petition | |
| Defendant's divorce petition was discontinued | |
| Plaintiff filed a divorce petition | |
| Decree nisi dissolving the marriage was granted | |
| Defendant filed Summons No 1553 of 2011 | |
| Summons No 1553 of 2011 was dismissed | |
| Defendant filed Notice of Appeal against the dismissal of SUM 1553/2011 | |
| Defendant filed Summons No 1904 of 2012 to stay the ancillary proceedings | |
| Decision Date |
7. Legal Issues
- Validity of Deed of Separation
- Outcome: The court held that the Deed of Separation was valid and not tainted by any vitiating factors.
- Category: Substantive
- Sub-Issues:
- Coercion
- Abuse
- Threats
- Mental Capacity
- Undue Influence
- Related Cases:
- [1994] 3 SLR(R) 159
- [2009] 2 SLR(R) 961
- Division of Matrimonial Assets
- Outcome: The court determined that the Deed of Separation would be a factor to be taken into consideration in the division of the matrimonial assets.
- Category: Substantive
- Related Cases:
- [2009] 2 SLR(R) 961
- [2011] 4 SLR 1169
- [2011] 3 SLR 275
- [2012] SGCA 3
8. Remedies Sought
- Order that a Deed of Separation be set aside
- Declaration that the Deed of Separation is void and unenforceable
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chia Hock Hua v Chong Choo Je | High Court | Yes | [1994] 3 SLR(R) 159 | Singapore | Cited for the principle that marital agreements must satisfy the requirements of contract law. |
| TQ v TR and Another appeal | Court of Appeal | Yes | [2009] 2 SLR(R) 961 | Singapore | Cited for the principle that pre-nuptial agreements ought generally to comply with the various legal doctrines and requirements that are an integral part of the common law of contract and the court retains a residuary discretion. |
| AOO v AON | High Court | Yes | [2011] 4 SLR 1169 | Singapore | Cited for the principle that matrimonial agreements do not and cannot oust the court’s jurisdiction to order a just and equitable division of matrimonial assets. |
| AFS v AFU | High Court | Yes | [2011] 3 SLR 275 | Singapore | Cited for the principle that matrimonial agreements do not and cannot oust the court’s jurisdiction to order a just and equitable division of matrimonial assets. |
| AQS v AQR | Court of Appeal | Yes | [2012] SGCA 3 | Singapore | Cited for the principle that an agreement between the parties made in contemplation of divorce could not be decisive. |
| Edgar v Edgar | Court of Appeal (Civil Division) | Yes | [1980] 1 WLR 1410 | England and Wales | Cited for the factors to consider when determining the weight to be given to a prior agreement not to claim a lump sum. |
| Granatino v Radmacher | Supreme Court | Yes | [2011] 1 AC 534 | United Kingdom | Cited as reference to Ormrod LJ's dictum in Edgar v Edgar. |
| MacLeod v MacLeod | Privy Council | Yes | [2010] 1 AC 298 | Isle of Man | Cited as reference to Ormrod LJ's dictum in Edgar v Edgar. |
| NA v MA | High Court | Yes | [2007] 1 FLR 1760 | England and Wales | Cited as reference to Ormrod LJ's dictum in Edgar v Edgar. |
| A v B (Financial Relief: Agreements) | High Court | Yes | [2005] 2 F.L.R. 730 | England and Wales | Cited as reference to Ormrod LJ's dictum in Edgar v Edgar. |
| X v X (Y and Z Intervening) | High Court | Yes | [2002] 1 F.L.R. 508 | England and Wales | Cited as reference to Ormrod LJ's dictum in Edgar v Edgar. |
| Benson v Benson (Deceased) | High Court | Yes | [1996] 1 F.L.R. 692 | England and Wales | Cited as reference to Ormrod LJ's dictum in Edgar v Edgar. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Deed of Separation
- Matrimonial Assets
- Vitiating Factors
- Coercion
- Abuse
- Undue Influence
- Legal Advice
- Division of Assets
- Ancillary Matters
15.2 Keywords
- Divorce
- Deed of Separation
- Matrimonial Assets
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 90 |
| Family Law | 90 |
| Divorce | 90 |
| Matrimonial Assets Division | 90 |
| Deed of Separation | 80 |
| Contract Law | 40 |
| Civil Procedure | 30 |
| Undue Influence | 20 |
16. Subjects
- Family Law
- Divorce
- Contract Law
- Deed of Separation
- Matrimonial Assets