Lian Hwee Choo Phebe v Tan Seng Ong: Division of Matrimonial Assets and Validity of Prior Agreement

In the divorce case of *Lian Hwee Choo Phebe v Tan Seng Ong*, the High Court of Singapore, presided over by Justice Tay Yong Kwang, addressed the preliminary issue of whether a prior agreement existed between the parties regarding the division of matrimonial assets. The wife, Lian Hwee Choo Phebe, commenced divorce proceedings against the husband, Tan Seng Ong. The key issue was whether an arrangement made in 1985/86, where the parties allegedly agreed to a division of assets with no further community of assets, was valid and should be considered in the division of matrimonial assets under Section 112 of the Women's Charter. The court found in the affirmative, determining that such an agreement did exist, but noted that the weight to be given to the agreement would be determined at the final hearing.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Preliminary issue answered in the affirmative; court found an agreement existed regarding the division of matrimonial 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. The court examined the validity of a prior agreement made in 1985/86 regarding asset division.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Lian Hwee Choo, PhebePlaintiffIndividualPreliminary issue decided againstLost
Tan Seng OngDefendantIndividualPreliminary issue decided in favorWon

3. Judges

Judge NameTitleDelivered Judgment
Tay Yong KwangJudgeYes

4. Counsels

Counsel NameOrganization
N SreenivasanStraits Law Practice LLC
Judy AngStraits Law Practice LLC
Stuart PalmerStraits Law Practice LLC
Molly LimWong Tan & Molly Lim LLC
Sunanda Koh Swee HiongWong Tan & Molly Lim LLC
Roy Lim Rui CongWong Tan & Molly Lim LLC

4. Facts

  1. The parties were married on 8 August 1974 and have four adult children.
  2. The wife commenced divorce proceedings on 21 December 2010.
  3. An interim judgment for divorce was granted on 12 April 2011.
  4. The parties disputed the division of matrimonial assets, particularly assets acquired after 1986.
  5. The husband claimed an agreement was made in 1985/86 to divide assets with no further community of assets.
  6. The wife denied the agreement applied to the husband's companies.
  7. The court addressed the preliminary issue of whether such an agreement existed.

5. Formal Citations

  1. Lian Hwee Choo Phebe v Tan Seng Ong, , [2012] SGHC 255

6. Timeline

DateEvent
Parties married
Parties met with their respective solicitors
Solicitors exchanged correspondence regarding division of assets
Wife returned to the matrimonial home with the children
Profit Share Agreement executed
Parties' youngest child born
Parties sold the Gilstead Road project
Husband's financial position became very positive
Wife commenced divorce suit
Interim judgment for divorce granted
Deputy Registrar of the Family Court made orders regarding preliminary issues
Decision date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined that an agreement existed regarding the division of matrimonial assets, but the weight to be given to the agreement would be determined at the final hearing.
    • Category: Substantive
  2. Validity of Agreement
    • Outcome: The court found that the arrangements made between the parties in 1985/86 constituted an agreement regarding the division of matrimonial assets made in contemplation of divorce.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets

10. Practice Areas

  • Divorce Litigation
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
TQ v TRCourt of AppealYes[2009] 2 SLR(R) 961SingaporeCited for the principle that the court must consider all circumstances of the case when determining the weight to be given to an agreement regarding matrimonial assets.
Cooperative Centrale Raiffeisen-Boerenleenbank BA (trading as Rabobank International), Singapore Branch v Motorola Electronics Pte LtdSingapore High CourtYes[2011] 2 SLR 63SingaporeCited for the principle that an agreement can be implied from conduct, correspondence, or relevant circumstances.
Lian Hwee Choo Phebe and another v Maxz Universal Development Group Pte Ltd and others and another suitHigh CourtNo[2010] SGHC 268SingaporeCited to show the wife's involvement in litigation with Maxz.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Division of Assets
  • Preliminary Issue
  • Arrangements
  • Agreement
  • Women's Charter
  • Interim Judgment

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Singapore
  • Family Law
  • Agreement
  • Division of Assets

17. Areas of Law

Area NameRelevance Score
Division of Assets98
Matrimonial Assets98
Divorce95
Family Law90
Contract Law30
Real Estate20
Estoppel10
Computers and Software5
Corporate Law5
Corporate Finance5

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Contract Law