Oh Choon v Lee Siew Lin: Division of Matrimonial Assets and Maintenance Order Appeal
In Oh Choon v Lee Siew Lin, the Court of Appeal of Singapore heard an appeal by the husband, Oh Choon, against the High Court's decision regarding the division of matrimonial assets and a maintenance order in a divorce case with Lee Siew Lin. The court allowed the appeal in part, varying the division of matrimonial assets and increasing the lump sum maintenance awarded to the wife. The court determined the operative date for asset division to be the date of the interim judgment and considered the wife's direct and indirect contributions to the marriage.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning the division of matrimonial assets and maintenance order. The court varied the division of assets and increased the maintenance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Oh Choon | Appellant | Individual | Appeal Allowed in Part | Partial | |
| Lee Siew Lin | Respondent | Individual | Lump sum maintenance awarded | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of Appeal | Yes |
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Aye Cheng Shone | A C Shone & Co |
| Teh Yoke Meng Christopher | Teh Yip Wong & Tan |
4. Facts
- The appellant and the respondent were married on 2 August 1993.
- The matrimonial home was purchased in 1989 in both parties’ names as joint tenants.
- The appellant moved out of the matrimonial home in June 1999.
- Interim judgment of divorce was granted on 20 October 2011 on the factual basis that the parties had been living separately for 4 years.
- In April 2010, the appellant purchased a property in the joint names of himself and his mistress.
- The appellant acquired a Mercedes E250 in January 2010.
- In August 1999, the shophouse below the Matrimonial Home was sold for $780,000.
5. Formal Citations
- Oh Choon v Lee Siew Lin, Civil Appeal No 162 of 2012, [2013] SGCA 60
- Lee Siew Lin v Oh Choon, , [2013] SGHC 25
6. Timeline
| Date | Event |
|---|---|
| Matrimonial Home purchased | |
| Marriage occurred | |
| Appellant moved out of Matrimonial Home | |
| Appellant severed joint tenancy | |
| Appellant purchased the Property | |
| Appellant acquired the Car | |
| Divorce proceedings commenced | |
| Appellant paid Respondent's monthly maintenance via mailed cheques | |
| Interim judgment of divorce granted | |
| Appeal allowed with regard to the division of matrimonial assets and consequently also varied the maintenance order | |
| Decision Date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the operative date for determining the pool of matrimonial assets to be the date of the interim judgment. The court also determined the proportion in which the matrimonial assets should be divided between the parties.
- Category: Substantive
- Maintenance
- Outcome: The court varied the lump sum maintenance awarded to the Respondent.
- Category: Substantive
8. Remedies Sought
- Division of matrimonial assets
- Maintenance
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Siew Lin v Oh Choon | High Court | Yes | [2013] SGHC 25 | Singapore | The decision of the High Court judge being appealed against. |
| Yeo Chong Lin v Tay Ang Choo Nancy | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that there is no hard and fast cut-off date for determining the pool of matrimonial assets and that the crucial objective is to ensure a just and equitable division of the pool of matrimonial assets. |
| Ong Boon Huat Samuel v Chan Mei Lan Kristine | Court of Appeal | Yes | [2007] 2 SLR(R) 729 | Singapore | Cited for the principle that a property can be excluded from the pool of matrimonial assets if one party refused to have anything to do with the purchase of the said property. |
| Foo Ah Yan v Chiam Heng Chow | Court of Appeal | Yes | [2012] 2 SLR 506 | Singapore | Cited for the principle that courts regularly take into account each party’s share of the matrimonial assets when they assess the appropriate quantum of maintenance to be ordered. |
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
- Interim judgment
- Date of separation
- Division of assets
- Lump sum maintenance
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Division of Assets | 95 |
| Family Law | 90 |
| Divorce | 90 |
| Maintenance | 80 |
| Real Estate | 10 |
| Banking Litigation | 10 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance