Lee Siew Lin v Oh Choon: Division of Matrimonial Assets and Wife's Maintenance Post-Divorce
In the High Court of Singapore, Chan Seng Onn J presided over the divorce case of Lee Siew Lin v Oh Choon, concerning the division of matrimonial assets and the wife's claim for post-divorce maintenance. The court awarded 74% of the matrimonial assets to the husband, Oh Choon, and 26% to the wife, Lee Siew Lin, along with a lump sum maintenance of $5,000. The husband's appeal against the decision regarding the transfer of the matrimonial home to the wife was the basis for this judgment.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for division of matrimonial assets and lump sum maintenance awarded to the wife.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court judgment on division of matrimonial assets and maintenance for Lee Siew Lin post-divorce from Oh Choon, awarding 26% of assets and $5,000 maintenance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lee Siew Lin | Plaintiff | Individual | Partial Division of Matrimonial Assets and Lump Sum Maintenance Awarded | Partial | Christopher Teh |
| Oh Choon | Defendant | Individual | Partial Division of Matrimonial Assets | Partial | Tan Aye Cheng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Teh | Teh Yip Wong & Tan |
| Tan Aye Cheng | A C Shone & Co |
4. Facts
- The parties were married on 2 August 1993 and have no children.
- The husband moved out of the matrimonial home in June 1999.
- The wife commenced divorce proceedings in November 2010.
- The husband provided the wife with $1,200 monthly maintenance until April 2011.
- The husband purchased 63 Thong Soon Green in April 2010.
- The wife claimed assistance in the husband's catering business.
- The wife sought a share in 63 Thong Soon Green and a flat at Clementi Avenue.
5. Formal Citations
- Lee Siew Lin v Oh Choon, Divorce Transferred No 5661 of 2010, [2013] SGHC 25
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Husband moved out of the matrimonial home | |
| Husband purchased 63 Thong Soon Green | |
| Wife commenced divorce proceedings | |
| Interim judgment for divorce granted | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the pool of matrimonial assets and divided them between the parties, awarding 74% to the husband and 26% to the wife.
- Category: Substantive
- Related Cases:
- [2011] 2 SLR 1157
- [2012] 4 SLR 785
- [2007] 3 SLR(R) 743
- Wife's Claim for Maintenance
- Outcome: The court awarded a lump sum of $5,000 as maintenance for the wife.
- Category: Substantive
- Determination of Operative Date for Matrimonial Assets
- Outcome: The court adopted the date of the decree nisi (20 October 2011) as the operative date for determining the pool of matrimonial assets.
- Category: Procedural
- Related Cases:
- [2011] 2 SLR 1157
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for the Wife
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Claim for Maintenance
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that there is no fixed date for determining matrimonial assets and for the broad brush approach in achieving a just and equitable division of matrimonial assets. |
| Tan Hwee Lee v Tan Cheng Guan and another appeal and another matter | N/A | Yes | [2012] 4 SLR 785 | Singapore | Cited for the principle that a wide discretion is conferred upon the court in order to achieve a just and equitable division of the matrimonial assets. |
| NK v NL | N/A | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the principle that a broad brush approach which takes into account both financial and non-financial contributions should be used in achieving a just and equitable division of matrimonial assets. |
| Ong Boon Huat Samuel v Chan Mei Lan Kristine | N/A | Yes | [2007] 2 SLR(R) 729 | Singapore | Cited for the principle that in a short and childless marriage, the division of matrimonial assets will usually be in accordance with the parties' direct financial contributions. |
| Wang Shi Huah Karen v Wong King Cheung Kevin | N/A | Yes | [1992] 2 SLR(R) 172 | Singapore | Cited for the principle that in a short and childless marriage, the division of matrimonial assets will usually be in accordance with the parties' direct financial contributions. |
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
- Decree Nisi
- Operative Date
- Financial Contributions
- Non-Financial Contributions
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- singapore
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets Division
- Maintenance