Ho Shin Hwee v Kwik Mak Seng Mark: Division of Matrimonial Assets and Wife's Maintenance
In the divorce case of *Ho Shin Hwee v Kwik Mak Seng Mark*, the High Court of Singapore, presided over by Lionel Yee JC, addressed the division of the matrimonial flat and the wife's maintenance. The interim judgment was granted on the basis of four years of separation. The court ordered the matrimonial flat to be sold, with the net proceeds divided 53% to the husband and 47% to the wife, and a lump sum maintenance of S$54,000 to be paid to the wife from the husband's share of the sale proceeds.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial flat and lump sum maintenance for the wife.
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 flat and wife's maintenance after a car accident left the wife disabled. The court ordered the flat to be sold and proceeds divided.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ho Shin Hwee | Plaintiff | Individual | Partial | Partial | |
| Kwik Mak Seng Mark | Defendant | Individual | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lionel Yee | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The plaintiff and defendant were married on 21 September 2002.
- The wife ceased employment six months after marriage and relocated to Australia with the husband.
- In July 2003, the parties were involved in a car accident in Australia, leaving the wife permanently disabled.
- In July 2004, the defendant left the wife and the matrimonial flat.
- The wife filed for divorce on 9 December 2010.
- The matrimonial flat was valued at S$490,000.
- The wife received S$4.56 million as an insurance pay-out for the 2003 accident.
5. Formal Citations
- Ho Shin Hwee v Kwik Mak Seng Mark, Divorce Suit No 6225 of 2010, [2013] SGHC 215
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties involved in car accident in Australia | |
| Defendant left the wife and matrimonial flat | |
| Interim consent orders entered into | |
| Wife filed for divorce | |
| Wife received insurance pay-out | |
| Interim judgment granted | |
| Oral judgment given | |
| Full grounds of decision given |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered the matrimonial flat to be sold and the net sale proceeds divided in the ratio of 53% to the husband and 47% to the wife.
- Category: Substantive
- Related Cases:
- [2012] 2 SLR 365
- Wife's Maintenance
- Outcome: The court ordered a lump sum maintenance payment of S$54,000 to be paid by the husband to the wife.
- Category: Substantive
8. Remedies Sought
- Division of matrimonial assets
- Maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Saseedaran Nair s/o Krishnan (now known as K Saseedaran Nair) v Nalini d/o K N Ramachandran | Court of Appeal | Yes | [2012] 2 SLR 365 | Singapore | Cited to clarify that a pay-out under the Home Protection Scheme is not for the sole benefit of the insured party. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| CPF Act (Cap 36, 2013 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial flat
- Home Protection Scheme
- CPF contributions
- Lump sum maintenance
- Accrued interest
- Insurance pay-out
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- singapore
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance