Guo Ningqun Anthony v Chan Wing Sun: Division of Matrimonial Assets in Divorce

In the divorce case of *Guo Ningqun Anthony v Chan Wing Sun*, the High Court of Singapore addressed ancillary matters concerning the division of matrimonial assets and maintenance for the defendant. The parties, married in 2002, commenced divorce proceedings in 2010. The court, presided over by Belinda Ang Saw Ean J, considered the parties' direct and indirect financial contributions, particularly focusing on a consultancy business they operated. The court ordered a division of matrimonial assets, allocating 59% to the plaintiff and 41% to the defendant, and declined to award maintenance to the defendant.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Division of matrimonial assets ordered; no maintenance awarded to the defendant.

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. The court considered financial contributions and business partnerships.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Guo Ningqun AnthonyPlaintiffIndividualDivision of Matrimonial AssetsPartial
Chan Wing SunDefendantIndividualDivision of Matrimonial AssetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
Yap Tiong LiangTL Yap & Associates
Tan Cheng KiongCK Tan & Co

4. Facts

  1. The plaintiff and defendant were married in Singapore on 19 February 2002.
  2. The plaintiff commenced divorce proceedings on 27 April 2010.
  3. The parties started a consultancy business as partners, named GC Consulting.
  4. The plaintiff received ML Shares in exchange for his shares in Memstar.
  5. The family fortune improved significantly in 2007 through the acquisition of investment properties.
  6. Both parties did not discharge their duty of full and frank disclosure of material facts.

5. Formal Citations

  1. Guo Ningqun Anthony v Chan Wing Sun, DT No 2032 of 2010, [2014] SGHC 56

6. Timeline

DateEvent
Parties married in Singapore
Defendant joined the plaintiff in Singapore
Defendant joined a 5-year part time course in Traditional Chinese Medicine
Parties started a home-based consultancy business
Memstar was incorporated
Parties received S$100,000 for services rendered by their consultancy business in respect of the Synear IPO project
Restructuring exercise diluted plaintiff's shareholding in Memstar to 2%
Parties bought The Nexus property for S$827,900
Reverse takeover deal inked
Parties acquired Sherwood Towers property for S$467,000
Soleil property purchased in defendant’s sole name for S$1,288,000
ML changed its name to Memstar Technology Ltd
Plaintiff appointed Non-Executive Director of MTL
Plaintiff sold the ML Shares at about one cent each
Plaintiff appointed an Independent Director in MTL
Marriage began to deteriorate
BMW vehicle sold for S$121,000
Plaintiff informed the defendant that he wanted a divorce
Plaintiff joined Monash University Sunway Campus in Selangor, Malaysia
Plaintiff commenced divorce proceedings
Plaintiff appointed as an advisor of MTL
Interim judgment granted
Plaintiff's appointment as an advisor of MTL ended
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a division of matrimonial assets based on the classification method, considering direct and indirect contributions, and accounting for non-disclosure of assets.
    • Category: Substantive
    • Sub-Issues:
      • Direct financial contributions
      • Indirect contributions
      • Non-disclosure of assets
      • Valuation of assets
  2. Maintenance
    • Outcome: The court declined to award maintenance to the defendant, considering her financial resources, earning capacity, and the length of the marriage.
    • Category: Substantive
    • Sub-Issues:
      • Financial needs of the applicant
      • Earning capacity of the applicant
      • Financial resources of the respondent
      • Length of the marriage
  3. Non-Disclosure of Assets
    • Outcome: The court drew adverse inferences against both parties for non-disclosure of assets and adjusted the division of assets accordingly.
    • Category: Procedural
    • Sub-Issues:
      • Adverse inference
      • Duty of full and frank disclosure

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BCB v BCCCourt of AppealYes[2013] 2 SLR 324SingaporeCited for the principle that non-financial contributions of both spouses should be given full value in the division of matrimonial assets.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the principle that the statutory factors in dividing matrimonial assets are not exhaustive and are subject to what is just and equitable.
AYQ v AYR and another matterCourt of AppealYes[2013] 1 SLR 476SingaporeCited for the discussion of the global assessment methodology and the classification methodology in dividing matrimonial assets.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealSingapore High CourtYes[2011] 2 SLR 1157SingaporeCited for the approaches to take when a party fails to disclose assets.
Koh Bee Choo v Choo Chai HuahCourt of AppealYes[2007] SGCA 21SingaporeCited for the principle that relevant information was within the knowledge of the defaulter, which is a requisite element in making an adverse inference.
Au Kin Chung v Ho Kit JooSingapore High CourtYes[2007] SGHC 150SingaporeCited for the principle that it is within the court’s discretion to choose the method appropriate to the case when dealing with non-disclosure of assets.
Chan Yuen Boey v Sia Hee SoonSingapore High CourtYes[2012] 3 SLR 402SingaporeCited for the principle that a spouse cannot ask the court to draw an adverse inference of the financial worth of the other spouse simply because he/she claims that that spouse is worth “at least” a certain amount.
Lock Yeng Fun v Chua Hock ChyeSingapore High CourtYes[2007] 3 SLR (R) 520SingaporeCited for the principle that the wife's efforts in increasing the total value of the matrimonial assets through investments were treated as her direct contribution in the division of matrimonial assets.
Chan Teck Hock David v Leong Mei ChuanSingapore High CourtYes[2002] 1 SLR(R) 76SingaporeCited for the principle that a spouse’s indirect contribution even after the couple had physically separated would be taken into account and should not be undervalued.
Foo Ah Yan v Chiam Heng ChowCourt of AppealYes[2012] 2 SLR 506SingaporeCited for the enunciation of a “commonsense holistic approach” in the application of s 114(2) of the Act.

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
  • Direct financial contribution
  • Indirect contribution
  • Business partnership
  • Non-disclosure
  • Classification method
  • Maintenance
  • GC Consulting
  • Memstar
  • ML Shares
  • Reverse takeover

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Division of Assets95
Matrimonial Assets95
Family Law90
Maintenance70
Evidence40
Contract Law30
Company Law20
Trust Law20
Estoppel20
Affidavits20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance