Thery Patrice Roger v Tan Chye Tee: Division of Matrimonial Assets and Maintenance
In Thery Patrice Roger v Tan Chye Tee, the Court of Appeal of Singapore heard an appeal by the husband against orders made by the High Court regarding the division of matrimonial assets and maintenance for the wife and children. The Court of Appeal adjusted the division of assets, awarding the wife 55% of the net sale proceeds of the Loyang View property and the husband 45%. The court upheld the lump sum maintenance of $70,000 for the wife but reversed the maintenance orders for the children's education, without prejudice to the son's right to make a fresh application for maintenance. The judgment was delivered on 2014-04-11 by Andrew Phang Boon Leong JA.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Written Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning division of matrimonial assets and maintenance. The Court of Appeal adjusted the asset division and overturned child maintenance orders.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Thery Patrice Roger | Appellant | Individual | Appeal allowed in part | Partial | |
| Tan Chye Tee | Respondent | Individual | Partial Win | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | No |
| Andrew Phang Boon Leong | Justice of Appeal | Yes |
| Judith Prakash | Judge | No |
4. Counsels
4. Facts
- Parties married on 20 July 1991.
- The husband is a 68-year-old retiree; the wife is a 58-year-old freelance trainer.
- The parties have two children, a son aged 26 and a daughter aged 24.
- The wife commenced divorce proceedings on 14 July 2010.
- The parties owned two matrimonial homes: a Katong Gardens property and a Loyang View property.
- The sale proceeds of the Loyang View property are the only matrimonial assets in contention.
- The wife took three loans to finance the purchase of the Loyang View property.
5. Formal Citations
- Thery Patrice Roger v Tan Chye Tee, Civil Appeal No 77 of 2013, [2014] SGCA 20
- Thery Patrice Roger v Tan Chye Tee, , [2013] SGHC 191
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Katong Gardens property purchased | |
| Husband retired | |
| Katong Gardens property sold | |
| Loyang View property purchased | |
| Wife commenced divorce proceedings | |
| Loyang View property sold | |
| Interim judgment granted | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the division of matrimonial assets, awarding the wife 55% and the husband 45% of the net sale proceeds of the Loyang View property.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect financial contributions
- Non-financial contributions
- Related Cases:
- [2013] SGHC 191
- [2004] SGDC 67
- [2009] SGDC 411
- [2013] 1 SLR 476
- Maintenance for Wife
- Outcome: The court affirmed the award of $70,000 to the wife as lump sum maintenance.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Financial needs of parties
- Contributions to the marriage
- Maintenance for Children
- Outcome: The court reversed the maintenance orders for the children's education, without prejudice to the son's right to make a fresh application for maintenance.
- Category: Substantive
- Sub-Issues:
- Maintenance for adult children
- Application for maintenance by child
- Evidence of educational expenses
8. Remedies Sought
- Division of matrimonial assets
- Maintenance for wife
- Maintenance for children
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Thery Patrice Roger v Tan Chye Tee | High Court | No | [2013] SGHC 191 | Singapore | The judgment under appeal; the Court of Appeal reviewed and modified the orders made by the High Court. |
| Tan Bee Bee v Lim Kim Chin | District Court | No | [2004] SGDC 67 | Singapore | Cited for the principle that equal attribution of sale proceeds from a previous matrimonial home is appropriate when the parties' respective contributions are unclear. |
| ACM v ACN | District Court | No | [2009] SGDC 411 | Singapore | Cited for the principle that equal attribution of sale proceeds from a previous matrimonial home is appropriate when the parties' respective contributions are unclear. |
| AYQ v AYR and another matter | Court of Appeal | Yes | [2013] 1 SLR 476 | Singapore | Cited for the principle that non-financial contributions should be assessed at the end of the marriage. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 114(1)(a) of the Act | Singapore |
| s 69(3)(b) of the Act | Singapore |
| s 69(3)(a) of the Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Maintenance
- Lump sum maintenance
- Division of assets
- Financial contributions
- Non-financial contributions
- CPF
- Sale proceeds
- Loans
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- children
- property
- loans
- singapore
- court of appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Division of Assets | 95 |
| Maintenance | 80 |
| Maintenance (Child) | 70 |
| Maintenance (Wife) | 70 |
| Evidence | 10 |
| Contract Law | 10 |
16. Subjects
- Family Law
- Divorce Law
- Matrimonial Assets
- Maintenance