Twiss v Twiss: Division of Matrimonial Assets and Wife Maintenance after Divorce

In Twiss, Christopher James Hans v Twiss, Yvonne Prendergast, the Court of Appeal of Singapore heard an appeal regarding the division of matrimonial assets and maintenance of the wife following a divorce. The court allowed the appeal in part, affirming the $4,000 monthly maintenance for the wife but adjusting the division of assets (matrimonial home and proceeds from a Malaysian property sale) to 75% for the wife and 25% for the husband. The court reaffirmed the principles in ANJ v ANK regarding the approach to dividing matrimonial assets.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding division of matrimonial assets and wife maintenance. The court allowed the appeal in part, adjusting the asset division to 75/25 in favor of the wife.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Twiss, Christopher James HansAppellantIndividualAppeal allowed in partPartial
Twiss, Yvonne PrendergastRespondentIndividualAssets divided 75/25 in her favor; maintenance of $4,000/month affirmedPartial

3. Judges

Judge NameTitleDelivered Judgment
Chao Hick TinJustice of the Court of AppealYes
Judith PrakashJudgeNo
Quentin LohJudgeNo

4. Counsels

Counsel NameOrganization
Tan Xuan Qi DorothyPKWA Law Practice LLC
Isaac Tito ShaneTito Isaac & Co LLP
Justin Chan Yew LoongTito Isaac & Co LLP
Zee Ning En Jasmine MildredTito Isaac & Co LLP

4. Facts

  1. The husband and wife were married on 4 August 1989 and have two sons.
  2. The husband filed for divorce in July 2008, and interim judgment was granted in June 2010.
  3. The matrimonial assets included a matrimonial home and proceeds from the sale of a Malaysian property.
  4. The husband had multiple affairs during the marriage.
  5. The wife made direct financial contributions to the matrimonial home using CPF monies and cash.
  6. The husband also made direct financial contributions to the matrimonial home using CPF monies and cash.
  7. The matrimonial home was rented out from May 2008 to August 2013.

5. Formal Citations

  1. Twiss, Christopher James Hans v Twiss, Yvonne Prendergast, Civil Appeal No 22 of 2015, [2015] SGCA 52

6. Timeline

DateEvent
Parties married
Husband moved to Hong Kong for work
Older son was born
Husband relocated to Seattle for work
Younger son was born
Family moved to Geneva
Family moved to Singapore
Husband left the family for his first mistress
Husband left for his second mistress
Husband embarked on his third affair and left the family
Husband filed a writ for divorce
Matrimonial home rented out
Interim judgment for divorce granted
Rental of matrimonial home ended
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court adjusted the division of matrimonial assets to 75% for the wife and 25% for the husband.
    • Category: Substantive
    • Related Cases:
      • [2015] 4 SLR 1043
  2. Maintenance of Wife
    • Outcome: The court affirmed the Judge’s order that the husband pay the wife maintenance in the sum of $4,000 a month.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for the principles and approach to be taken in the division of matrimonial assets, specifically warning against the use of the “uplift” methodology.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Division of Assets
  • Maintenance
  • Direct Financial Contributions
  • Indirect Contributions
  • Uplift Methodology

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Maintenance80
Division of Assets70
Evidence20
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets