Loh Swee Peng v Chan Kui Kok: Division of Matrimonial Assets and Wife's Maintenance in Divorce
In the divorce case of *Loh Swee Peng v Chan Kui Kok*, the High Court of Singapore, presided over by Justice Vinodh Coomaraswamy on 10 March 2015, addressed the division of matrimonial assets and the wife's claim for maintenance. The court ordered the sale of the real property, with the net proceeds to be divided equally between the parties, and ruled that each spouse should retain the assets held in their individual names. The court declined to award maintenance to the wife, but made a nominal award to accommodate a future application if circumstances change.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Real property to be sold with net proceeds divided equally; each spouse retains assets held in individual names; nominal maintenance of $1.00 per month awarded to wife.
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 wife's maintenance. The court ordered the sale of real property with proceeds divided equally and declined to award maintenance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Loh Swee Peng | Plaintiff | Individual | Real property to be sold with net proceeds divided equally; each spouse retains assets held in individual names; nominal maintenance of $1.00 per month awarded | Partial | Goh Siok Leng |
| Chan Kui Kok | Defendant | Individual | Real property to be sold with net proceeds divided equally; each spouse retains assets held in individual names; no maintenance awarded to wife | Partial | Jeanny Ng |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vinodh Coomaraswamy | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Goh Siok Leng | Christina Goh & Co |
| Jeanny Ng | Jeanny Ng |
4. Facts
- The parties married in 1971 and have four adult children.
- The wife petitioned for divorce in 2011 based on the husband’s unreasonable behaviour.
- The matrimonial assets include a HDB flat, a shop unit in Lucky Plaza, joint bank accounts, and individual CPF accounts and insurance policies.
- The wife seeks an equal division of real property and maintenance of $500 per month.
- The husband seeks a 65:35 division of the matrimonial assets and offers no maintenance to the wife.
- The wife ran a dress-making business and contributed to household expenses and loan repayments.
- The husband was involved in illegal gambling and the wife had to bail him out on one occasion.
5. Formal Citations
- Loh Swee Peng v Chan Kui Kok, Divorce Transfer No 502 of 2011, [2015] SGHC 64
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Customary marriage ceremony | |
| Couple bought first flat in Ang Mo Kio | |
| Wife registered dressmaking business as sole proprietorship | |
| Boutique moved to Lucky Plaza | |
| Boutique moved to a different unit within Lucky Plaza | |
| Couple purchased the Lucky Plaza unit | |
| Couple sold flat in Ang Mo Kio | |
| Husband applied $190,000 from sale of Ang Mo Kio flat to pay down loan on Lucky Plaza property | |
| Wife moved dress-making business from Lucky Plaza to matrimonial home | |
| Mortgage over Lucky Plaza property was discharged | |
| Wife sought a personal protection order against the husband | |
| Husband transferred his renovation business to his older son | |
| Wife petitioned for divorce | |
| Husband withdrew objections to divorce | |
| Interim judgment granted | |
| Loan on Serangoon property fully repaid | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered that the real property be sold on the open market with the net proceeds being divided equally between each spouse, subject to each spouse having an option to buy out the other spouse’s half-interest. The court further ordered that the money in the couple’s joint bank account at OCBC be divided equally between them and that they each retain the assets held in their individual names.
- Category: Substantive
- Related Cases:
- [2013] 2 SLR 324
- Wife's Maintenance
- Outcome: The court declined to award the wife any maintenance, but made a nominal award to accommodate a future application for maintenance by the wife if circumstances change.
- Category: Substantive
- Related Cases:
- [2012] 2 SLR 506
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BCB v BCC | Court of Appeal | Yes | [2013] 2 SLR 324 | Singapore | Cited for the principles to be applied when exercising the power under s 112 of the Women’s Charter to divide matrimonial assets. |
| Foo Ah Yan v Chiam Heng Chow | N/A | Yes | [2012] 2 SLR 506 | Singapore | Cited for the principle that it is legitimate to have regard to the outcome of the division of matrimonial assets in determining whether to order maintenance. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) s 112 | Singapore |
| Women’s Charter s 68 | Singapore |
| Women’s Charter s 114(1)(a) | Singapore |
| Women’s Charter s 114(1)(b) | Singapore |
| Women’s Charter s 114(1)(c) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Division of Assets
- Maintenance
- Real Property
- CPF Account
- Lucky Plaza
- HDB Flat
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- singapore
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets Division
- Maintenance