Toh Buan Eileen v Ho Kiang Fah: Division of Matrimonial Assets & Maintenance

In the divorce case of *Toh Buan Eileen v Ho Kiang Fah*, the High Court of Singapore, presided over by Judith Prakash J, addressed the division of matrimonial assets and maintenance for the wife and younger child. The court ordered an equal division of matrimonial assets, considering the wife's direct and indirect contributions, the husband's insufficient disclosure, and the length of the marriage. The wife's application for maintenance was dismissed, and the husband was ordered to pay half of the debit balance of the parties’ overdraft account with DBS Bank at the time of the completion of the sale of Parc Oasis.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Matrimonial assets to be divided equally between the parties. Wife's application for maintenance dismissed.

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 maintenance for the wife and younger child after a 28-year marriage.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Toh Buan EileenPlaintiffIndividualAssets divided equallyPartial
Ho Kiang FahDefendantIndividualAssets divided equallyPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Yap Teong LiangTL Yap & Associates

4. Facts

  1. The parties were married on 20 September 1980 and have two sons.
  2. The wife commenced divorce proceedings on 31 August 2006.
  3. The wife worked throughout the marriage and contributed financially.
  4. The husband resigned from his bank job to pursue a legal career.
  5. The parties acquired several properties during the marriage, including the matrimonial home, Parc Oasis, Aspen Heights, Sophia Court, and the Vistana.
  6. The wife left the matrimonial home on 4 July 2002.
  7. The husband has not been fully forthcoming about his assets.

5. Formal Citations

  1. Toh Buan Eileen v Ho Kiang Fah, Divorce Suit No 3914 of 2006, [2013] SGHC 66

6. Timeline

DateEvent
Parties married
Wife left the matrimonial home
Wife commenced divorce proceedings
Interim judgment given on wife’s claim
Wife’s first affidavit of assets and means filed
Court order for sale of Parc Oasis
Agreement for sale of Parc Oasis made
Sale of Parc Oasis completed
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered that the matrimonial assets be divided equally between the parties.
    • Category: Substantive
  2. Maintenance for Wife
    • Outcome: The court dismissed the wife's application for maintenance.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Order for Husband to pay for younger son’s tertiary education

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • Banking
  • Legal

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Parc Oasis
  • Aspen Heights
  • Sophia Court
  • Vistana
  • CPF
  • Maintenance
  • Overdraft Facility

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Division of Assets95
Matrimonial Assets95
Divorce90
Family Law90
Maintenance80
Maintenance (Wife)70
Maintenance (Child)60
Property Law40
Trust Law30
Succession Law20
Contract Law10
Estoppel5

16. Subjects

  • Family Law
  • Divorce
  • Asset Division
  • Maintenance