TEG v TEH: Appeal on Division of Matrimonial Assets and Wife's Maintenance After Divorce
In TEG v TEH, the High Court of Singapore heard an appeal concerning ancillary orders following the divorce of TEH (the Wife) and TEG (the Husband). The court, presided over by Valerie Thean JC, addressed issues related to the care of the children, division of matrimonial assets, and maintenance for the Wife. The court set aside orders related to the eldest daughter's care and the sons' education expenses. It adjusted the division of assets, allocating 45% to the Wife and 55% to the Husband, and varied the maintenance order to a lump sum payment of $167,952 to the Wife.
1. Case Overview
1.1 Court
High Court1.2 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 concerning division of matrimonial assets and wife's maintenance after divorce. The court adjusted the asset division and lump sum maintenance.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Dora S L Chua | M/s Dora Boon & Company |
| Tan Siew Tiong | M/s Lawhub LLC |
4. Facts
- Parties were married for 31 years before interim judgment.
- The Wife left the matrimonial home in 2005.
- The Husband's gross monthly salary is about $13,400.
- The Wife was unemployed at the time of the appeal.
- The eldest daughter has severe cerebral palsy and was cared for by the Husband.
- The two sons moved in with the Wife in 2013.
- The Husband withdrew $720,000 from a joint account in 2013.
5. Formal Citations
- TEG v TEH and another matter, , [2015] SGHCF 8
6. Timeline
| Date | Event |
|---|---|
| Parties were married | |
| Parties began living separately | |
| Wife filed for divorce | |
| Interim judgment was granted | |
| District Judge made ancillary orders | |
| Ancillary Matters hearing | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the division of assets, allocating 45% to the Wife and 55% to the Husband.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect non-financial contributions
- Operative date for asset valuation
- Maintenance for Wife
- Outcome: The court varied the maintenance order to a lump sum payment of $167,952 to the Wife.
- Category: Substantive
- Sub-Issues:
- Quantum of maintenance
- Duration of maintenance
- Earning capacity of wife
- Husband's financial capacity
- Custody and Care of Children
- Outcome: The court set aside orders related to the eldest daughter's care and the sons' education expenses.
- Category: Substantive
- Sub-Issues:
- Care and control of adult child with disability
- Educational expenses of children over 21
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Custody and Care of Children
9. Cause of Actions
- Divorce
- Ancillary Matters
10. Practice Areas
- Family Litigation
- Divorce
- Ancillary Matters
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| NK v NL | Court of Appeal | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the broad-brush approach to division of assets and according mutual respect for spousal contributions. |
| ANJ v ANK | Court of Appeal | Yes | [2015] SGCA 34 | Singapore | Cited for cautioning against over-emphasizing direct financial contributions and undervaluing indirect contributions in asset division. |
| Tan Hwee Lee v Tan Cheng Guan and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 785 | Singapore | Cited regarding the disadvantage to stay-at-home housewives when dividing assets based on direct financial contributions. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the court's broad discretion in selecting an operative date for determining the pool of matrimonial assets. |
| Yeo Gim Tong Michael v Tianzon Lolita | N/A | Yes | [1996] 1 SLR(R) 633 | Singapore | Cited for the court taking into account the continued indirect contribution of the wife, choosing an operative date as at when the ancillary matters hearing had commenced. |
| ARX v ARY | N/A | Yes | [2015] 2 SLR 1103 | Singapore | Cited for the court taking into account the continued indirect contribution of the wife, choosing an operative date as at when the ancillary matters hearing had commenced. |
| Pang Rosaline v Chang Kong Chun | N/A | Yes | [2009] 4 SLR(R) 935 | Singapore | Cited for adopting the income approach to determine the parties’ overall financial contributions. |
| AJR v AJS | High Court | Yes | [2010] 4 SLR 617 | Singapore | Cited for the rationale behind the income approach in determining parties' financial contributions in long marriages. |
| Lock Yeng Fun v Chua Hock Chye | Court of Appeal | Yes | [2007] 3 SLR(R) 520 | Singapore | Cited as a precedent for asset division in long marriages where the wife was a homemaker. |
| ZD v ZE and Another | High Court | Yes | [2008] SGHC 225 | Singapore | Cited as a precedent for asset division where the wife contributed directly and indirectly to the marriage. |
| Ong Chen Leng v Tan Sau Poo | N/A | Yes | [1993] 2 SLR(R) 545 | Singapore | Considered but not applied for calculating the multiplier for maintenance due to differing circumstances. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Considered but not applied for calculating the multiplier for maintenance due to differing circumstances. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| Mental Capacity Act (Cap 177A, 2010 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Interim Judgment
- Ancillary Orders
- Maintenance
- Custody
- Care and Control
- Financial Contributions
- Non-Financial Contributions
- Lump Sum Maintenance
- Matrimonial Home
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- custody
- Singapore
- family law
- appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 90 |
| Divorce | 90 |
| Division of Assets | 90 |
| Maintenance | 85 |
| Maintenance (Wife) | 80 |
| Maintenance (Child) | 75 |
| Child Custody | 70 |
| Care and Control | 65 |
| Access to Children | 60 |
| Matrimonial Home | 55 |
| Mental Capacity Law | 40 |
16. Subjects
- Family Law
- Divorce
- Asset Division
- Maintenance