Woon Wee Lee v Koh Ai Hua: Division of Matrimonial Assets and Maintenance in Divorce
In the divorce case of Woon Wee Lee v Koh Ai Hua, the High Court of Singapore, presided over by Justice Lai Siu Chiu, addressed ancillary matters concerning the division of matrimonial assets and maintenance following the granting of an interim judgment of divorce in July 2011. The court ordered the sale of the Shunfu flat with proceeds divided 60/40 between the husband and wife, a lump sum maintenance payment of $145,000 from the husband to the wife, and the division of artwork and other assets. The husband's appeal was addressed in these grounds of decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial property, lump sum maintenance, and division of artwork and other assets.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the division of matrimonial assets and maintenance between Woon Wee Lee and Koh Ai Hua after a 25-year marriage.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Woon Wee Lee | Husband, Appellant | Individual | Appeal dismissed in part | Partial | |
| Koh Ai Hua | Wife, Respondent | Individual | Judgment for Wife | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Winston Quek | Winston Quek & Co |
| Luna Yap | Luna Yap & Co |
4. Facts
- The parties met in the early 1970s and married in September 1975.
- The wife sold her HDB flat and car to move to the UK to be with the husband.
- The parties purchased the Shunfu flat in 1990 in joint names.
- The husband bought the AMK flat in his sole name after the parties separated.
- The wife alleged physical abuse by the husband, supported by a police report.
- The husband is 65 years old and retired from his teaching post.
- The wife is 67 years old and a housewife.
5. Formal Citations
- Woon Wee Lee v Koh Ai Hua, DT No 2518 of 2011, [2012] SGHC 128
6. Timeline
| Date | Event |
|---|---|
| Parties met at Nanyang University. | |
| Husband left for the United Kingdom to pursue a doctorate. | |
| Wife sold her Housing & Development Board flat and car. | |
| Parties were married. | |
| Husband obtained his doctorate. | |
| Parties moved to Hong Kong and then to Macau. | |
| Parties purchased the Shunfu flat. | |
| Parties purchased a flat in Macau. | |
| Parties returned to Singapore. | |
| Husband sold a Honda car used by the Wife. | |
| Wife obtained an interim maintenance order of $2,000 per month. | |
| Husband bought the AMK flat in his sole name. | |
| Husband left the Shunfu flat. | |
| Husband filed for divorce. | |
| Interim judgment of divorce was granted. | |
| Husband retired from his teaching post at the National Institute of Education. | |
| Hearing regarding artwork and calligraphy. | |
| Deadline for sale of Shunfu flat. | |
| Decision date. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered a division of the matrimonial assets, including the Shunfu flat and artwork, with a 60/40 split in favor of the husband.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect financial contributions
- Non-financial contributions
- Related Cases:
- [2006] SGHC 83
- [2011] 2 SLR 1157
- [2011] SGHC 138
- [2001] 2 SLR(R) 260
- [2000] 2 SLR(R) 659
- [2007] 3 SLR(R) 520
- [2006] 4 SLR(R) 605
- Maintenance
- Outcome: The court ordered the husband to pay the wife a lump sum maintenance of $145,000.
- Category: Substantive
- Sub-Issues:
- Earning capacity
- Financial needs
- Standard of living
- Age and duration of marriage
- Contributions to the family
- Related Cases:
- [2007] 3 SLR(R) 233
- [2004] 3 SLR(R) 376
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lim Ngeok Yuen v Lim Soon Heng Victor | High Court | Yes | [2006] SGHC 83 | Singapore | Cited for the principle that an asset acquired after separation can be excluded from division. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Unknown | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that an asset acquired after separation can be excluded from division. |
| AQT v AQU | High Court | Yes | [2011] SGHC 138 | Singapore | Cited for the principle that a trust set up for children can be excluded from division. |
| Lim Choon Lai v Chew Kim Heng | Court of Appeal | Yes | [2001] 2 SLR(R) 260 | Singapore | Cited for the principle that courts should not focus merely on direct and indirect contributions in arriving at a just and equitable division of matrimonial assets. |
| Yow Mee Lan v Chen Kai Buan | Unknown | Yes | [2000] 2 SLR(R) 659 | Singapore | Cited for the principle that a party’s direct financial contributions to the acquisition of any particular matrimonial asset can no longer be primarily determinative of how it is divided. |
| Lock Yeng Fun v Chua Hock Chye | Unknown | Yes | [2007] 3 SLR(R) 520 | Singapore | Cited for the importance of giving the fullest effect to non-financial contributions. |
| Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent) | Unknown | Yes | [2006] 4 SLR(R) 605 | Singapore | Cited as an example of a case where the wife in a childless marriage was awarded 35% of the matrimonial assets. |
| BG v BF | Unknown | Yes | [2007] 3 SLR(R) 233 | Singapore | Cited for the principle that the power to order maintenance is exercised in a manner supplementary to the power to divide matrimonial assets. |
| Tan Sue-Ann Melissa v Lim Siang Bok Dennis | Unknown | Yes | [2004] 3 SLR(R) 376 | Singapore | Cited for the principle that the aim of maintenance is to even out any financial inequalities between the spouses, taking into account any economic prejudice suffered by the wife during marriage. |
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
- Maintenance
- Division of Assets
- Lump Sum Maintenance
- Interim Judgment
- Shunfu Flat
- AMK Flat
- Artwork
- Financial Contributions
- Non-Financial Contributions
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Family Law | 95 |
| Divorce | 90 |
| Maintenance | 85 |
| Division of Assets | 80 |
| Ancillary Matters | 70 |
| Civil Procedure | 30 |
| Evidence | 20 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance