Tay Boon Cheng Gina v Goh Ah Poo: Division of Matrimonial Assets and Maintenance in Divorce

In the divorce case of *Tay Boon Cheng Gina v Goh Ah Poo*, the High Court of Singapore, presided over by Lai Siu Chiu J, addressed ancillary matters following the dissolution of the marriage. The court considered custody, care and control of the children, maintenance for the wife and children, and the division of matrimonial assets, including a Housing and Development Board (HDB) flat and a shophouse. The court ordered joint custody, granted care and control of the younger son to the wife, and made orders for maintenance and the division of assets, including the sale of the flat with proceeds divided 50:50 between the parties and allowed the husband to retain the shophouse.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made on maintenance, division of matrimonial assets and custody.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning division of matrimonial assets, maintenance, and custody. The court ordered the sale of the flat with proceeds divided 50:50 and allowed the husband to retain the shophouse.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tay Boon Cheng GinaPlaintiffIndividualCare and control of younger son grantedPartial
Goh Ah PooDefendantIndividualJoint custody of children grantedNeutral

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
Wong Chai KinWong Chai Kin
Amerjeet SinghHoh Law Corporation

4. Facts

  1. The plaintiff and defendant were married on 24 November 1989.
  2. The parties have two sons, aged 20 and 16.
  3. The Wife obtained an interim judgment dissolving the marriage on 31 October 2011.
  4. The Wife sought care and control of the children, while the Husband sought care and control with unlimited access to the Wife.
  5. The Wife had attempted suicide in 2007 and was diagnosed with a situational reaction.
  6. The Husband was often travelling and rarely spent time at home.
  7. The parties owned a 4-room HDB flat and the Husband owned a HDB shophouse.

5. Formal Citations

  1. Tay Boon Cheng Gina v Goh Ah Poo, Divorce Transfer No 4520 of 2011, [2012] SGHC 217

6. Timeline

DateEvent
Marriage of Tay Boon Cheng Gina and Goh Ah Poo
Purchase of HDB shophouse by Goh Ah Poo
Tay Boon Cheng Gina admitted to Institute of Mental Health
Tay Boon Cheng Gina discharged from Institute of Mental Health
Maintenance Order issued
Interim judgment dissolving the marriage obtained by Tay Boon Cheng Gina
Parties appeared before the court to settle ancillary matters
Older son turns 21
Decision Date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the flat to be sold and the proceeds divided 50:50. The husband was allowed to retain the shophouse.
    • Category: Substantive
    • Related Cases:
      • [2007] 3 SLR(R) 743
  2. Maintenance for Wife and Children
    • Outcome: The court ordered maintenance in terms of the Husband’s proposal.
    • Category: Substantive
  3. Custody, Care and Control of Children
    • Outcome: The court ordered joint custody of the children and granted care and control of the younger son to the Wife.
    • Category: Substantive

8. Remedies Sought

  1. Dissolution of Marriage
  2. Division of Matrimonial Assets
  3. Maintenance for Wife and Children
  4. Custody, Care and Control of Children

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance
  • Custody

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial and Family Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
NK v NLHigh CourtYes[2007] 3 SLR(R) 743SingaporeCited for the principle that a court should make a holistic assessment of all the circumstances of the case when deciding the just and equitable division of matrimonial assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
s 112(10)(b) of the Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Maintenance
  • Custody
  • Care and Control
  • HDB Flat
  • HDB Shophouse
  • Joint Tenants
  • Interim Judgment
  • Ancillary Matters

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • custody
  • Singapore
  • family law

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Matrimonial Assets90
Maintenance85
Child Support80
Child Custody80
Division of Assets75

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Custody
  • Spousal Maintenance