Zheng Zhuan Yao v Mok Kah Hong: Division of Matrimonial Assets and Maintenance Dispute

In Zheng Zhuan Yao v Mok Kah Hong, the High Court of Singapore addressed a dispute over the division of matrimonial assets and maintenance following a 27-year marriage. The wife, Mok Kah Hong, sought a significant portion of the matrimonial assets, estimated to be over S$45 million, and substantial maintenance. The husband, Zheng Zhuan Yao, claimed indigence and significant debt. The court found the husband lacked credibility and failed to fully disclose his assets. Ultimately, the court ordered the husband to discharge all mortgages on the Stevens Court property and transfer it to the wife, and awarded the wife a lump sum maintenance of S$1,152,000, payable in two tranches. Both parties appealed the decision.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and lump sum maintenance for the wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Division of matrimonial assets and maintenance dispute. The court ordered the husband to transfer the Stevens Court property to the wife and pay lump sum maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Zheng Zhuan YaoPlaintiffIndividualOrders made for division of matrimonial assets and lump sum maintenance for the wife.Lost
Mok Kah HongDefendantIndividualOrders made for division of matrimonial assets and lump sum maintenance for the wife.Won

3. Judges

Judge NameTitleDelivered Judgment
Quentin LohJudgeYes

4. Counsels

Counsel NameOrganization
Poon Pui YeeBernard & Rada Law Corporation
Foo Soon YienBernard & Rada Law Corporation
Bernice LooAllen & Gledhill LLP

4. Facts

  1. The parties were married for 27 years and have one son.
  2. The husband had a long-term affair and two children with another woman, kept secret from the wife.
  3. The husband transferred or mortgaged assets shortly before or during divorce proceedings.
  4. The husband claimed indigence and significant debt, while the wife alleged he had substantial undisclosed assets.
  5. The wife was primarily a homemaker and caregiver to the son.
  6. The husband's evidence was found to be contradictory and lacking credibility.
  7. The husband failed to provide full and frank disclosure of his assets.

5. Formal Citations

  1. Zheng Zhuan Yao v Mok Kah Hong, Divorce Suit No 865 of 2010, [2014] SGHC 84

6. Timeline

DateEvent
Marriage of Zheng Zhuan Yao and Mok Kah Hong
Zheng Zhuan Yao suggested a divorce
Death of husband's mother
Solicitors stated Zheng Zhuan Yao intended to file for divorce
Zheng Zhuan Yao mortgaged the Stevens Court apartment to OCBC
Zheng Zhuan Yao allegedly pledged shares in First Grade Agency Pte Ltd to Madam Tay Ban Geok
Divorce proceedings filed by Zheng Zhuan Yao
Zheng Zhuan Yao transferred shares in Tay Aik Leng Holding Investment Pte Ltd to Mr Tay Jui Chuan
Interim judgment for divorce granted
Zheng Zhuan Yao transferred shares in Inhil Investment Pte Ltd to Mr Teh Jui Kern
Mok Kah Hong obtained an injunction against Zheng Zhuan Yao
Oral judgment delivered
Detailed grounds of decision given
Defendant’s appeal heard by the Court of Appeal

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the pool of matrimonial assets and ordered a 35% share to the wife, including the transfer of the Stevens Court property.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Characterization of assets as matrimonial property
      • Dissipation of assets
  2. Maintenance
    • Outcome: The court awarded the wife a lump sum maintenance of S$1,152,000, payable in two tranches.
    • Category: Substantive
    • Sub-Issues:
      • Lump sum maintenance
      • Monthly maintenance
      • Earning capacity of parties
      • Standard of living during marriage
  3. Full and Frank Disclosure of Assets
    • Outcome: The court drew an adverse inference against the husband due to his failure to make full and frank disclosure of his assets, increasing the wife's share of the matrimonial assets.
    • Category: Procedural
    • Sub-Issues:
      • Adverse inference
      • Dissipation of assets
      • Hiding assets

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Lump Sum Maintenance
  3. Monthly Maintenance
  4. Transfer of Property

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ATT v ATSCourt of AppealYes[2012] 2 SLR 859SingaporeCited for the principle that the court has wide discretion in determining a just and equitable division of matrimonial assets.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for the principle that the appropriate date for deciding what assets comprise the matrimonial pool depends on the facts of the case.
Anthony Patrick Nathan v Chan Siew ChinHigh CourtYes[2011] 4 SLR 1121SingaporeCited for the principle that the court has the discretion to choose a more appropriate date of valuation in order to arrive at a just and equitable division.
Wan Lai Cheng v Quek Seow Kee and another appeal and another matterHigh CourtYes[2012] 4 SLR 405SingaporeCited for the principle that the court has the discretion to choose a more appropriate date of valuation in order to arrive at a just and equitable division.
Wong Kien Keong v Khoo Hoon EngHigh CourtYes[2014] 1 SLR 1342SingaporeCited for the principle that the court has the discretion to choose a more appropriate date of valuation in order to arrive at a just and equitable division.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)High CourtYes[2006] 4 SLR(R) 605SingaporeCited for the application of the gift proviso in s 112(10)(b) of the Women’s Charter.
Hoong Khai Soon v Cheng Kwee Eng and another appealCourt of AppealYes[1993] 1 SLR(R) 823SingaporeCited for the principle that there must be a direct causal link between the efforts of the parties and the substantial improvement to the said asset.
NK v NLHigh CourtYes[2007] 3 SLR(R) 743SingaporeCited for the principle that due to the lack of full and frank disclosure from H from the outset about the assets he had and the values thereof, this court was entitled to draw an adverse inference that H had more assets than what he had disclosed. This court may then accordingly increase W’s share of the known matrimonial assets
Wan Lai Cheng v Quek Seow Kee and another appeal and another matterCourt of AppealYes[2012] 4 SLR 405SingaporeCited for the principle that “pure” inter-spousal gifts (ie, inter-spousal gifts where the subject matter of the gifts are not assets acquired by the donor spouse by way of a third-party gift or an inheritance) constitute part of the pool of matrimonial assets for division and are not gifts falling within the scope of s 112(10) of the Women’s Charter
Lee Puey Hwa v Tay Cheow SengCourt of AppealYes[1991] 2 SLR(R) 196SingaporeCited for the factors which the court should consider in deciding whether to order a lump sum payment of maintenance

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
  • Maintenance
  • Division of Assets
  • Lump Sum Payment
  • Full and Frank Disclosure
  • Adverse Inference
  • Beneficial Ownership
  • Nominee Shareholder
  • Dissipation of Assets
  • Matrimonial Home

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Division of Assets95
Matrimonial Assets95
Maintenance90
Evidence50
Trust Law40
Civil Procedure30
Resulting Trust30
Company Law30
Constructive Trust30
Contract Law20
Undue Influence10
Fraud and Deceit10
Duty to Account10
Estoppel5

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance