TIG v TIH: Division of Matrimonial Assets in Polygamous Marriage
In TIG v TIH, the Singapore High Court addressed the ancillary issues of division of matrimonial assets and maintenance following the divorce of TIG (the Wife) and TIH (the Husband). The case involved a polygamous marriage, as the Husband had a prior existing marriage. The court considered the contributions of the Husband's first wife in dividing the assets and determined a lump sum maintenance payment for the Wife. The court ordered that the Wife's share of the matrimonial assets is 35%, amounting to $3,388,312, and the lump sum to be paid for the Wife's maintenance is $497,285.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets and lump sum maintenance payment to the Wife.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court determines division of assets and maintenance in a divorce involving a polygamous marriage, addressing contributions of the first wife.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The Husband married the Wife in 1978 in Malaysia, and the marriage was registered in 1983.
- The Husband was previously married to Mdm [J] in 1973, and that marriage was still subsisting.
- The Husband has four children with the Wife and two children with Mdm [J], all of whom are adults.
- The Husband also has a son with Mdm [K].
- The Husband started a construction business in Singapore in 1981, which later became [Z] Construction Pte Ltd.
- The Wife contributed to the business, particularly in its early stages and later as a director of [Z].
- In 2013, the Wife and one of their children withdrew $2.75m from joint accounts without the Husband's knowledge.
- The Wife filed for divorce in 2013 on the grounds of the Husband's unreasonable behaviour.
5. Formal Citations
- TIG v TIH, Divorce (Transferred) No [M], [2015] SGHCF 12
6. Timeline
| Date | Event |
|---|---|
| Husband's customary marriage to Mdm [J] in Ipoh, Malaysia. | |
| Customary marriage between the parties in Ipoh, Malaysia. | |
| Birth of the parties' first child, [A]. | |
| Husband sets up sole proprietorship [Y] Construction Co. | |
| Birth of the parties' second child, [B]. | |
| Registration of the marriage between the parties in Malaysia. | |
| Birth of the parties' third child, [C]. | |
| Birth of the parties' fourth child, [D]. | |
| Birth of [G], the Husband's son with Mdm [K]. | |
| Husband converts [Y] into a private limited company, [Z] Construction Pte Ltd. | |
| [Z] shifts focus from construction to property investment. | |
| Wife and [D] withdraw $2.75m from joint accounts with the Husband and leave the matrimonial home. | |
| Husband commences Suit No [XY] against the Wife and [D] to recover $2.75m. | |
| Wife files for divorce on grounds of the Husband's unreasonable behaviour. | |
| Interim judgment of divorce granted. | |
| Counsel tenders joint summary of assets. | |
| Judgment reserved. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the appropriate division of matrimonial assets, taking into account the contributions of both parties and the Husband's first wife.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct contributions
- Indirect contributions
- Effect of polygamous marriage on division
- Maintenance
- Outcome: The court determined the appropriate lump sum maintenance to be paid to the Wife.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Multiplicand
- Multiplier
- Adducing Evidence in Family Proceedings
- Outcome: The court discussed the principles regulating the use of evidence in family ancillary proceedings, emphasizing the need for a judge-led approach and an expeditious disposal of proceedings.
- Category: Procedural
- Sub-Issues:
- Relevance of evidence
- Judge-led approach
- Expeditious disposal of proceedings
8. Remedies Sought
- Division of Matrimonial Assets
- Lump Sum Maintenance
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Family Law
- Divorce
- Ancillary Matters
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Tan Chin Seng and others v Raffles Town Club Pte Ltd | Court of Appeal | Yes | [2002] 2 SLR(R) 465 | Singapore | Cited for the principle that discovery must be necessary for disposing fairly of the cause or matter or for saving costs. |
| Parra v Parra | English Court of Appeal | Yes | [2003] 1 FCR 97 | England and Wales | Cited for the principle that ancillary relief cases depend upon the exercise of a singularly broad judgment that obviates the need for the investigation of minute detail. |
| Imerman v Tchenguiz and others | English Court of Appeal | Yes | [2011] 2 WLR 592 | England and Wales | Cited to explain the 'quasi-inquisitorial role' of the family judge in ancillary proceedings. |
| LKW v DD (Ancillary Relief: Guidelines) | Hong Kong Court of Final Appeal | Yes | [2011] HKFLR 106 | Hong Kong | Cited for the principle that the court should not countenance any attempt to engage in costly and often futile retrospective investigations of the failed marriage. |
| B v B (Matrimonial Proceedings: Discovery) | English High Court | Yes | [1978] Fam 181 | England and Wales | Cited for the principle that in financial matters, where the evidence may be held closely by one party, the other party may in appropriate cases be given more latitude in seeking discovery, further evidence and cross-examination. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for setting out a structured approach to the division of assets. |
| Twiss, Christopher James Hans v Twiss, Yvonne Prendergast | Court of Appeal | Yes | [2015] SGCA 52 | Singapore | Cited for summarizing the structured approach to the division of assets set out in ANJ v ANK. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that mathematical precision cannot be attained and it is, in any event, to be eschewed even in the ordinary case of a monogamous divorce. |
| Tan Bee Giok v Loh Kum Yong | Court of Appeal | Yes | [1996] 3 SLR(R) 605 | Singapore | Cited for the principle that the wife was entitled to a share of the proceeds generated from its sale by virtue of her indirect contributions in the years leading up to the purchase of the second property. |
| Chan Yuen Boey v Sia Hee Soon | High Court | Yes | [2012] 3 SLR 402 | Singapore | Cited for the principle that in such cases where spouses have sold their first home and ploughed those proceeds into their second home, the respective shares to be attributed to the spouses should take into account their indirect contributions – as reflected in the sale proceeds – that had been made up to that point in time. |
| BNH v BNI | High Court | Yes | [2013] SGHC 283 | Singapore | Cited as a case with similar views to Tan Bee Giok v Loh Kum Yong and Chan Yuen Boey v Sia Hee Soon. |
| Goh Cheok Yean v Lum Sai Gek | High Court | Yes | [2014] SGHC 91 | Singapore | Cited as a case with similar views to Tan Bee Giok v Loh Kum Yong and Chan Yuen Boey v Sia Hee Soon. |
| AYQ v AYR and another matter | Court of Appeal | Yes | [2013] 1 SLR 476 | Singapore | Cited for the principle that indirect contributions should only be considered at the end of the marriage. |
| Thery Patrice Roger v Tan Chye Tee | Court of Appeal | Yes | [2014] SGCA 20 | Singapore | Cited for affirming the principle in AYQ v AYR and another matter that indirect contributions should only be considered at the end of the marriage. |
| Lock Yeng Fun v Chua Hock Chye | Court of Appeal | Yes | [2007] 3 SLR(R) 520 | Singapore | Cited for the principle that the focus of s 112 of the Charter is to treat all matrimonial assets as community property to be divided in accordance with the principles set out therein, rather than those of conventional property law. |
| Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the principle that in order to ascribe such a negative contribution, the misconduct must fundamentally undermine the co-operative partnership and harm the welfare of the other spouse and that the conduct had to be extreme (ie, manifestly serious). |
| AYM v AYL and another appeal | Court of Appeal | Yes | [2014] 4 SLR 559 | Singapore | Cited for the principle that a lump sum should be allowed whenever feasible to allow for a clean break in the marriage. |
| NK v NL | High Court | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the principle of adopting a 'rough and ready approximation'. |
13. Applicable Rules
| Rule Name |
|---|
| Family Justice Rules 2014 (S 813/2014) |
| Rule 22 of the Family Justice Rules 2014 (S 813/2014) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 93 of the Women’s Charter | Singapore |
| s 181 of the Women’s Charter | Singapore |
| s 112(2) of the Women’s Charter | Singapore |
| s 114(1) of the Women’s Charter | Singapore |
| Matrimonial Causes Act 1973 (c 18) (UK) | United Kingdom |
| s 25(1) of the Matrimonial Causes Act 1973 (c 18) (UK) | United Kingdom |
15. Key Terms and Keywords
15.1 Key Terms
- Polygamous marriage
- Matrimonial assets
- Ancillary matters
- Direct contribution
- Indirect contribution
- Lump sum maintenance
- Judge-led approach
- Mareva injunction
15.2 Keywords
- Divorce
- Matrimonial Assets
- Polygamy
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Family Law | 95 |
| Divorce | 90 |
| Maintenance | 85 |
| Division of Assets | 80 |
| Polygamous Marriage | 75 |
| Evidence | 60 |
| Civil Procedure | 50 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Polygamy
- Maintenance