Thery Patrice Roger v Tan Chye Tee: Division of Matrimonial Assets & Child Maintenance

In the divorce case of Thery Patrice Roger (the Husband) v Tan Chye Tee (the Wife), the Singapore High Court addressed ancillary matters including the division of the Loyang Property's net sale proceeds, other matrimonial assets, maintenance for the Wife, and maintenance for their two children's tertiary education. The court ordered a 90/10 split of the Loyang Property's net sale proceeds in favor of the Wife, a lump sum maintenance payment to the Wife, and reimbursement for CPF contributions. The Husband appealed the decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for the Wife and children.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment regarding the division of matrimonial assets and maintenance for children's education in the divorce case of Thery Patrice Roger v Tan Chye Tee.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Thery Patrice RogerPlaintiff, AppellantIndividualAppeal Allowed in PartPartial
Tan Chye TeeDefendant, RespondentIndividualOrders made in her favorWon

3. Judges

Judge NameTitleDelivered Judgment
Lai Siu ChiuJudgeYes

4. Counsels

Counsel NameOrganization
S MagintharanEssex LLC
Liew Boon Kwee JamesEssex LLC
Koh Tien HuaHarry Elias Partnership LLP
Rachel GanHarry Elias Partnership LLP

4. Facts

  1. The Husband and Wife were married on 20 July 1991 and the divorce petition was filed on 14 July 2010.
  2. The parties have two children, Jean-Francois and Nathalie, who were 25 and 23 years old respectively at the time of the hearing.
  3. The Loyang Property was purchased in March 2007 for $728,000 and sold in August 2010 for $1,080,000.
  4. The Wife took out three loans with UOB to finance the purchase of the Loyang Property.
  5. The Husband claimed he received no income after 2003, but the Wife presented evidence of large sums of money being dissipated from his bank accounts.
  6. The Wife requested the Husband be ordered to pay maintenance to the children for the period of their respective university courses.
  7. The Husband did not produce any income tax statements from IRAS or any foreign equivalent.

5. Formal Citations

  1. Thery Patrice Roger v Tan Chye Tee, Divorce Transferred No 3495 of 2010, [2013] SGHC 191
  2. , Civil Appeal No 77 of 2013, [2014] SGCA 20

6. Timeline

DateEvent
Parties married in Singapore
Divorce petition filed
Interim judgment granted
Ancillary matters heard
First maintenance installment due
Judgment issued
Appeal allowed by the Court of Appeal regarding division of matrimonial assets and maintenance for children’s education

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court divided the net sale proceeds of the Loyang Property in a 90:10 ratio in favor of the Wife, considering direct and indirect contributions, and the Husband's non-disclosure of assets.
    • Category: Substantive
    • Sub-Issues:
      • Direct financial contributions
      • Indirect contributions
      • Dissipation of assets
      • Non-disclosure of assets
  2. Maintenance for Wife
    • Outcome: The court ordered the Husband to pay a lump sum of $70,000 to the Wife in lieu of periodic maintenance, considering the Husband's means and the need for a clean break.
    • Category: Substantive
    • Sub-Issues:
      • Earning capacities of parties
      • Medical conditions
      • Lump sum maintenance
  3. Maintenance for Children
    • Outcome: The court ordered the Husband to pay $50,450 for Jean-Francois's tertiary education and $19,466.38 as a partial refund for Nathalie's education expenses, despite the children being over 21.
    • Category: Substantive
    • Sub-Issues:
      • Children over 21
      • Educational expenses
      • Unilateral decisions regarding education

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Children

9. Cause of Actions

  • Divorce
  • Ancillary Matters

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Bee Bee v Lim Kim ChinDistrict CourtYes[2004] SGDC 67SingaporeCited regarding the attribution of sale proceeds from former properties in determining direct financial contributions to the matrimonial home.
ACM v ACNDistrict CourtYes[2009] SGDC 411SingaporeCited for approving the approach in Tan Bee Bee regarding the attribution of sale proceeds from former properties.
NK v NLN/AYes[2007] 3 SLR(R) 743SingaporeCited for the principle that the court can increase a party's share of matrimonial assets due to deliberate non-disclosure and dissipation of assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 112(2) of the Women’s CharterSingapore
s 69(5) of the Women’s CharterSingapore
Section 69(3) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Loyang Property
  • Katong Gardens Property
  • Maintenance
  • CPF Contributions
  • Hi-Plus Loan
  • Term Loan
  • Dissipation of Assets
  • Indirect Contributions
  • Direct Financial Contributions

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Divorce90
Division of Assets90
Matrimonial Assets90
Maintenance85
Maintenance (Wife)80
Maintenance (Child)80
Tertiary Education Expenses70
Ancillary Matters60
Contract Law30
Evidence30

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Maintenance