Lian Hwee Choo v Tan Seng Ong: Division of Matrimonial Assets & Agreement in Contemplation of Divorce
In the divorce case of *Lian Hwee Choo v Tan Seng Ong*, the Court of Appeal of Singapore heard an appeal regarding the existence of an agreement made in contemplation of divorce under s 112(2)(e) of the Women’s Charter. The wife, Lian Hwee Choo, appealed against the High Court's decision, which implied such an agreement existed. The Court of Appeal allowed the appeal, holding that no such agreement existed. The court found that the arrangements made between the parties in 1985 were for reconciliation, not in contemplation of divorce, and did not exhaustively govern the post-divorce allocation of matrimonial assets.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case regarding the division of matrimonial assets. The court held that there was no agreement made in contemplation of divorce.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lian Hwee Choo, Phebe | Appellant | Individual | Appeal Allowed | Won | |
| Tan Seng Ong | Respondent | Individual | Appeal Lost | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Justice of the Court of Appeal | No |
| Judith Prakash | Justice of the Court of Appeal | Yes |
4. Counsels
4. Facts
- The parties married in August 1974 and have four adult children.
- In December 2010, the wife commenced divorce proceedings.
- The husband claimed an agreement was made in 1985 to divide matrimonial assets and cease community of assets.
- The wife denied the existence of such an agreement.
- In 1985, the wife left the matrimonial home due to the husband's affair and concerns about tax liabilities.
- The husband obtained an injunction to prevent the wife from leaving Singapore with the children.
- The parties resumed cohabitation after discussions and property transfers.
5. Formal Citations
- Lian Hwee Choo, Phebe v Tan Seng Ong, Civil Appeal No 136 of 2012, [2013] SGCA 37
- Lian Hwee Choo, Phebe v Tan Seng Ong, , [2012] SGHC 255
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties purchased land at Jalan Pasir Ria | |
| Parties sold the Jalan Pasir Ria Land | |
| Parties became joint owners of a Housing and Development Board flat | |
| Inland Revenue Authority of Singapore enquired into the sale of the Jalan Pasir Ria Land | |
| Wife left the matrimonial home with their three children | |
| Husband obtained an injunction preventing the wife from leaving Singapore with the three children | |
| Parties and their solicitors met to resolve the impasse | |
| Shook Lin & Bok hand-delivered a letter to Harold Seet & Co | |
| Wife returned to the matrimonial home with the three children | |
| Parties' relationship broke down again when the wife left | |
| Issues relating to the transfer of the Properties and the income tax liabilities were resolved | |
| Parties had their fourth and youngest child | |
| Wife commenced divorce proceedings | |
| Husband consented to interim judgment | |
| Wife filed and served a request for discovery and interrogatories on the husband | |
| Husband filed affidavit of evidence-in-chief | |
| Judgment delivered |
7. Legal Issues
- Agreement in Contemplation of Divorce
- Outcome: The court held that there was no agreement for the disposition of assets made in contemplation of divorce within the meaning of s 112(2)(e) of the Charter.
- Category: Substantive
- Sub-Issues:
- Intention to create legal relations
- Consensus ad idem
- Exhaustive governance of post-divorce allocation of matrimonial assets
8. Remedies Sought
- Division of Matrimonial Assets
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Litigation
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Cooperative Centrale Raiffeisen-Boerenleenbank BA (trading as Rabobank International), Singapore Branch v Motorola Electronics Pte Ltd | Singapore High Court | Yes | [2011] 2 SLR 63 | Singapore | Cited for the proposition that an agreement could be implied from a course of conduct or dealings between the parties or from correspondence or from all relevant circumstances. |
| TQ v TR and another appeal | Singapore Court of Appeal | Yes | [2009] 2 SLR(R) 961 | Singapore | Cited regarding prenuptial agreements within the framework of s 112 of the Women’s Charter and the legal doctrines and requirements that are an integral part of the common law of contract. |
| Wong Kien Keong v Khoo Hoon Eng | Singapore High Court | Yes | [2012] SGHC 127 | Singapore | Cited for the principle that agreements pertaining to the ownership and division of matrimonial assets ought generally to comply with the various legal doctrines and requirements that are an integral part of the common law of contract. |
| Wong Kam Fong Anne v Ang Ann Liang | Singapore High Court | Yes | [1992] 3 SLR(R) 902 | Singapore | Cited as an illustration of an agreement reached between feuding spouses who want a clean break, in the context of s 112 of the Women's Charter. |
| Wong Ser Wan v Ng Cheong Ling | Singapore High Court | Yes | [2006] 1 SLR(R) 416 | Singapore | Cited as an example of a case where scrutiny of the circumstances showed that no agreement falling within s 112(2)(e) of the Women's Charter existed. |
| Aircharter World Pte Ltd v Kontena Nasional Bhd | Singapore High Court | Yes | [1999] 2 SLR(R) 440 | Singapore | Cited for the principle that no party should be allowed to renege on an ostensibly binding agreement simply because of unobservable subjective reservations. |
| Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council | England and Wales Court of Appeal (Civil Division) | Yes | [1990] 1 WLR 1195 | England and Wales | Cited as the locus classicus on implied contracts. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Singapore Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Cited for the observation that many couples hold assets in one name without prior discussion on how those assets ought to be divided in the event that the marriage fails. |
| Foo Jong Peng and others v Phua Kiah Mai and another | Singapore Court of Appeal | Yes | [2012] 4 SLR 1267 | Singapore | Cited regarding the governing principles for the implication of terms in a contract. |
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
- Agreement in Contemplation of Divorce
- Section 112(2)(e) of the Women’s Charter
- Community of Assets
- Reconciliation
- Intention to Create Legal Relations
- Consensus ad idem
15.2 Keywords
- divorce
- matrimonial assets
- agreement
- women's charter
- Singapore
- family law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Division of Matrimonial Property | 95 |
| Divorce | 90 |
| Family Law | 90 |
| Evidence Law | 40 |
| Contract Law | 30 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Contract Law