Goh Cheok Yean v Lum Sai Gek: Division of Matrimonial Assets in Divorce After 31 Years

In Goh Cheok Yean v Lum Sai Gek, the High Court of Singapore addressed the division of matrimonial assets following the divorce of Goh Cheok Yean and Lum Sai Gek after 31 years of marriage. Goh Cheok Yean filed for divorce in April 2011, and interim judgment was granted on 29 November 2011. The primary issue was the equitable division of the matrimonial home and other assets. The court ordered a 50:50 division of the matrimonial assets, including the matrimonial home, HSBC account balance for their son's education, SIA Engineering shares, and other assets. Goh Cheok Yean appealed the decision, but the appeal was dismissed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal against equal division of matrimonial assets dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving Goh Cheok Yean and Lum Sai Gek, focusing on the division of matrimonial assets after a 31-year marriage. The court ordered a 50:50 split of assets.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Goh Cheok YeanPlaintiff, AppellantIndividualAppeal dismissedLost
Lum Sai GekDefendant, RespondentIndividualJudgment affirmedWon

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
Tan Yew ChengLeong Partnership
Kee Lay LianRajah & Tann LLP

4. Facts

  1. The plaintiff and defendant were married for 31 years and have three adult children.
  2. The plaintiff filed for divorce in April 2011 based on a continuous separation of at least four years.
  3. The matrimonial property was purchased in 1992 for $780,000 and valued at $3.2 million as of May 2013.
  4. The defendant had overseas postings in Abu Dhabi, Taipei, and Manila.
  5. The plaintiff took no-pay leave from her teaching career for a total of seven years to be a homemaker.
  6. The defendant's direct financial contribution to the matrimonial property was 89.32%, while the plaintiff's was 10.68%.
  7. The defendant has 27,200 SIA stock options with an average exercise price of $3.425.

5. Formal Citations

  1. Goh Cheok Yean v Lum Sai Gek, DT No 1921 of 2011, [2014] SGHC 91

6. Timeline

DateEvent
Parties married
Defendant posted to Abu Dhabi
First child, Justin, born
Parties returned to Singapore from Abu Dhabi
Second child, Joel, born
Third child, Denise, born
Sale of Bedok flat
Matrimonial property purchased
Defendant posted to Taipei
Plaintiff returned to full-time teaching
Maplewoods property purchased
Defendant returned to Singapore from Taipei
China property sold
Defendant posted to Manila, Philippines
Maplewoods property sold
Defendant returned from Manila, Philippines
Plaintiff took half-pay leave to pursue master's degree
Plaintiff obtained master's degree
Plaintiff filed for divorce
Interim judgment of Divorce granted
Hearing on apportionment of matrimonial assets
Orders recorded on division of matrimonial assets
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a 50:50 division of the matrimonial assets, considering both direct and indirect contributions of each party.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct financial contributions
      • Indirect financial contributions
      • Career sacrifices
  2. Maintenance of Plaintiff
    • Outcome: The plaintiff was awarded monthly maintenance of $1.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets

10. Practice Areas

  • Divorce Litigation
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Li Kong v Cheng Lai NarHigh CourtYes[2005] SGHC 164SingaporeCited for the principle of taking into account sale proceeds utilized towards the purchase of a new matrimonial home.
O’Conner Rosamund Monica v Potter Derek JohnUnknownYes[2011] 3 SLR 294SingaporeCited for the principle of taking into account sale proceeds utilized towards the purchase of a new matrimonial home.
Tan Bee Giok v Loh Kum YongUnknownYes[1996] 3 SLR(R) 605SingaporeCited for the approach of deeming respective shares of sale proceeds to be contributed by each party taking into account their non-financial contributions, especially where the marriage was long and one party was a homemaker.
Chan Yuen Boey v Sia Hee SoonUnknownYes[2012] 3 SLR 402SingaporeCited in relation to Tan Bee Giok v Loh Kum Yong regarding assessing non-financial contribution at the end of the marriage.
Thery Patrice Roger v Tan Chye TeeCourt of AppealYes[2014] SGCA 20SingaporeCited in relation to assessing non-financial contribution at the end of the marriage.
BCB v BCCCourt of AppealYes[2013] 2 SLR 324SingaporeCited for the principle that the direct financial contribution of either spouse to the family assets is but one of the factors, and that the non-financial or indirect contributions of both the husband and wife should be given their full value.
AYQ v AYRCourt of AppealYes[2013] 1 SLR 476SingaporeCited for the principle that indirect contributions would have to be assessed at the end of the marriage and not at one specific point in time when a particular asset was acquired.
Chan Teck Hock David v Leong Mei ChuanUnknownYes[2002] 1 SLR(R) 76SingaporeCited for the principle that stock options are clearly a matrimonial asset.

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
  • Division of assets
  • Divorce
  • Direct financial contribution
  • Indirect financial contribution
  • Homemaker
  • Career sacrifices
  • SIA stock options
  • Maintenance
  • Matrimonial property
  • Overseas posting
  • CPF contribution

15.2 Keywords

  • divorce
  • matrimonial assets
  • family law
  • division of assets
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets98
Matrimonial Assets Division98
Division of Matrimonial Property98
Division of Assets98
Divorce95
Family Law90
Maintenance80
Maintenance (Wife)75
Indirect contributions ratio60
Financial resources50
Earning capacity50

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets