Kwee Lee Fung Ivon v Lim Gordon: Division of Matrimonial Assets & Wife's Maintenance
In the divorce case of *Kwee Lee Fung Ivon v Lim Gordon*, the High Court of Singapore, presided over by Justice Lai Siu Chiu, addressed outstanding ancillary matters following an interim judgment on 17 December 2010. The primary issues were the division of matrimonial assets and the wife's maintenance. The court determined the division of various assets, including the matrimonial home, overseas properties, and business interests, and awarded the wife monthly maintenance of S$5,000, commuted to a lump sum of S$960,000.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment on division of matrimonial assets and wife's maintenance.
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 assets and the wife's maintenance. The court determined the division of assets and awarded monthly maintenance to the wife.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kwee Lee Fung Ivon | Petitioner | Individual | Division of Matrimonial Assets and Maintenance Awarded | Partial | Christopher De Souza, Lionel Leo, Joel Chng |
| Lim Gordon | Respondent | Individual | Division of Matrimonial Assets and Maintenance Payment | Partial | Loh Wai Mooi, Sandy Lim, Joey Quek |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher De Souza | Wong Partnership LLP |
| Lionel Leo | Wong Partnership LLP |
| Joel Chng | Wong Partnership LLP |
| Loh Wai Mooi | Bih Li & Lee |
| Sandy Lim | Bih Li & Lee |
| Joey Quek | Bih Li & Lee |
4. Facts
- The couple, both medical doctors, married on 3 June 1985 and have five children.
- The wife comes from a well-to-do family, daughter of the late Henry Kwee.
- The wife ceased working soon after marriage but resumed practice some 20 years later in 2006.
- The wife claimed significant contributions as a mother and wife, sacrificing her career.
- The husband disputed the wife's claims, asserting her exaggeration of contributions.
- The court found the wife exaggerated her contributions and took liberties with the truth.
- The husband was diagnosed with fibromyalgia in 2010, potentially affecting his ability to work.
5. Formal Citations
- Kwee Lee Fung Ivon v Lim Gordon, Divorce Suit No DT 301 of 2010, [2013] SGHC 228
6. Timeline
| Date | Event |
|---|---|
| Couple married | |
| Wife left the matrimonial home | |
| Divorce proceedings commenced | |
| Gordon Lim Clinic & Surgery for Women Pte Ltd incorporated | |
| Husband commenced practice with GLCSFW | |
| Husband purchased the Ash Grove property | |
| Interim Judgment granted | |
| Sole proprietorship started | |
| Sole proprietorship terminated | |
| Consent judgment granted for joint custody | |
| Court ruled Wife's mother was the legal and beneficial owner of 50% of the matrimonial home | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the division of various assets, including the matrimonial home, overseas properties, and business interests, based on the contributions of each party.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect contributions to the family welfare
- Exaggerated contributions
- Wife's Maintenance
- Outcome: The court awarded the wife monthly maintenance of S$5,000, commuted to a lump sum of S$960,000, based on her earning capacity and the standard of living during the marriage.
- Category: Substantive
- Sub-Issues:
- Earning capacity
- Standard of living
- Financial needs
- Age and duration of marriage
8. Remedies Sought
- Division of Matrimonial Assets
- Lump Sum Maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Family Litigation
- Divorce
- Ancillary Matters
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| O'Connor Rosamund Monica v Potter Derek John | High Court | Yes | [2011] 3 SLR 294 | Singapore | Cited for the principle that the court draws an adverse inference against a party who fails to make full and frank disclosure of assets and means. |
| Yeo Chong Lin v Tay Ang Choo Nancy | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Distinguished on the facts regarding the inclusion of a property purchased after separation as a matrimonial asset. |
| AQT v AQU | High Court | Yes | [2011] SGHC 138 | Singapore | Cited as precedent for not unwinding a trust or putting back any part of its funds into the pool for division with the Wife. |
| NI v NJ | High Court | Yes | [2007] 1 SLR(R) 75 | Singapore | Cited as precedent for not unwinding a trust or putting back any part of its funds into the pool for division with the Wife. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Companies Act (Cap 50, 2006 Rev Ed) s 216A | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 112 | Singapore |
| Women’s Charter s 113 | Singapore |
| Women’s Charter s 114 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Maintenance
- Division of Assets
- Grateful Trust
- GLC
- GLCSFW
- Matrimonial Home
- Contributions
- Earning Capacity
- Standard of Living
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Family Law
- Singapore
- High Court
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets Division
- Maintenance