Hou Wa Yi v Yap Kiat Cheong: Appeal on Decree Nisi After Death of Party Under Women's Charter

Hou Wa Yi filed for divorce from Yap Kiat Cheong in the High Court of Singapore. A decree nisi was granted on 26 September 2006. Yap died before the decree absolute was issued. The executors of Yap's estate appealed the district judge's decision to dismiss their application to make the decree nisi absolute. Choo Han Teck J dismissed the appeal, holding that the death of Yap dissolved the marriage, and the court no longer had the power to make the decree nisi absolute.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding whether a decree nisi can be made absolute after the death of one party. The court dismissed the appeal, holding that death dissolves the marriage.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
YAP CHAI LINGIntervenersIndividualAppeal dismissedLost
Hou Wa YiRespondent, PetitionerIndividualAppeal dismissedLost
AnotherIntervenersOtherAppeal dismissedLost
Yap Kiat CheongAppellantIndividualAppeal dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Dorothy Chai Li LiTan Leroy & Chandra
Koh Tien HuaHarry Elias Partnership LLP

4. Facts

  1. Hou Wa Yi and Yap Kiat Cheong married on 30 September 1992.
  2. Hou filed for divorce, and a decree nisi was granted on 26 September 2006.
  3. Yap died on 8 February 2011 before the decree absolute was issued.
  4. Yap's executors applied to make the decree nisi absolute.
  5. The district judge dismissed the application.
  6. The executors appealed the decision.

5. Formal Citations

  1. Hou Wa Yi v Yap Kiat Cheong (Yap Chai Ling and another, interveners), Divorce No 2201 of 2005 (RAS No 182 of 2011), [2012] SGHC 66

6. Timeline

DateEvent
Yap Kiat Cheong and Hou Wa Yi married.
Yap made a will.
Hou Wa Yi filed for divorce.
Decree nisi granted.
Ancillary matters were concluded.
Yap Kiat Cheong died.
Appeal adjourned part-heard by Justice Philip Pillai.
Probate was granted.
Judgment reserved.

7. Legal Issues

  1. Dissolution of Marriage
    • Outcome: The court held that the death of a party to the marriage dissolves the marriage, and the court no longer has the power to make the decree nisi absolute.
    • Category: Substantive

8. Remedies Sought

  1. Decree Absolute

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Stanhope v StanhopeCourt of AppealYes(1886) 11 PD 103EnglandApplied as precedent for the principle that a person cannot be divorced after death.
In re Seaford, DecdEnglish Court of AppealYes[1968] 1 P 53EnglandApplied Stanhope and held that the death of the husband caused the suit to abate and destroyed the cause of action.
Suci Mathews v Thomas MathewsN/AYes[1985] 2 MLJ 228MalaysiaApplied Stanhope in the Malaysian context.
Sivakolunthu Kumarasamy v Shanmugam Nagaiah and anotherN/ANo[1987] SLR(R) 702SingaporeDistinguished; the court clarified that a decree nisi does not legally terminate the marriage, only practically terminates it.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 1997 Rev Ed) s 7Singapore
Women’s Charter s 99(3)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Decree Nisi
  • Decree Absolute
  • Dissolution of Marriage
  • Executors
  • Women's Charter

15.2 Keywords

  • divorce
  • decree nisi
  • decree absolute
  • dissolution of marriage
  • women's charter
  • estate
  • executors

17. Areas of Law

Area NameRelevance Score
Divorce90
Family Law80
Matrimonial Assets Division70
Wills and Probate50
Succession Law30

16. Subjects

  • Family Law
  • Divorce
  • Civil Procedure