TUV v TUW: Division of Matrimonial Assets, Child Custody, and Maintenance Dispute

In the case of TUV v TUW, before the Family Justice Courts of Singapore, Judicial Commissioner Debbie Ong presided over ancillary matters following a divorce, including custody, care and control of the parties' four children, division of matrimonial assets, and maintenance for the wife and children. The court ordered joint custody with care and control to the wife, specified access arrangements for the husband, divided the matrimonial assets equally, denied maintenance for the wife, and ordered the husband to pay $7,500 per month for the children's maintenance.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Orders made for joint custody, care and control, access, division of matrimonial assets, and child maintenance. No maintenance was ordered for the Wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case involving TUV and TUW concerning the division of matrimonial assets, child custody, and maintenance following a divorce. The court issued orders on custody, access, asset division, and child maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TUVPlaintiffIndividualJoint custody of children, access to children, 50% of matrimonial assetsPartial
TUWDefendantIndividualCare and control of children, 50% of matrimonial assets, no maintenancePartial

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Patrick Chin Meng LiongChin Patrick & Co
Rina Kalpanath SinghKalco Law LLC
Nadia MoynihanKalco Law LLC

4. Facts

  1. The parties were married in September 1996 and have four children.
  2. The Husband left the matrimonial home in September 2007 and filed for divorce.
  3. Interim judgment for divorce was granted in August 2009.
  4. The parties' most substantial matrimonial asset is their home at Alnwick Road.
  5. The Husband owns 48.41% of the shares in a real estate services company.
  6. The Alnwick Property was valued at $4,100,000 as at 28 July 2016.
  7. The court determined the total net value of the matrimonial assets to be $4,739,800.

5. Formal Citations

  1. TUV v TUW, , [2016] SGHCF 15

6. Timeline

DateEvent
Parties married
Daughter diagnosed with cancer
Husband left the matrimonial home and filed for divorce
Interim judgment for divorce granted
Ancillary matters hearing regarding custody, division of assets, and maintenance
Alnwick Property inspected by valuer
Alnwick Property valued at $4,100,000
Subsequent ancillary matters hearing
Oral judgment delivered with brief reasons
Fuller grounds of decision given

7. Legal Issues

  1. Custody of Children
    • Outcome: The court ordered joint custody of the children to both parents, with care and control to the Wife.
    • Category: Substantive
  2. Access to Children
    • Outcome: The court specified access arrangements for the Husband, including weekend, holiday, and public holiday access.
    • Category: Substantive
  3. Division of Matrimonial Assets
    • Outcome: The court ordered an equal division of the matrimonial assets, with each party receiving 50%.
    • Category: Substantive
    • Related Cases:
      • [2007] 3 SLR(R) 520
      • [2015] 4 SLR 1043
      • [2011] 2 SLR 1157
      • [2016] 2 SLR 686
  4. Maintenance for Wife
    • Outcome: The court ordered that there shall be no maintenance for the Wife.
    • Category: Substantive
  5. Maintenance for Children
    • Outcome: The court ordered the Husband to pay $7,500 per month for the Children’s maintenance.
    • Category: Substantive
  6. Adverse Inferences for Non-Disclosure of Assets
    • Outcome: The court did not draw adverse inferences against either party for alleged non-disclosure of assets.
    • Category: Procedural
    • Related Cases:
      • [2007] SGCA 21
      • [2015] 2 SLR 195

8. Remedies Sought

  1. Custody of Children
  2. Care and Control of Children
  3. Access to Children
  4. Division of Matrimonial Assets
  5. Maintenance for Wife
  6. Maintenance for Children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Child Custody
  • Asset Division

11. Industries

  • Real Estate

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited for the 'broad brush approach' in dividing matrimonial assets.
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for setting out a structured framework for the division of matrimonial assets.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealNo[2011] 2 SLR 1157SingaporeCited regarding the operative date for determining the value of matrimonial assets.
ARY v ARX and another appealCourt of AppealYes[2016] 2 SLR 686SingaporeCited regarding the court's discretion to select the operative date for determining the pool of matrimonial assets and their valuation.
Koh Bee Choo v Choo Chai HuahSingapore Court of AppealNo[2007] SGCA 21SingaporeCited regarding the drawing of adverse inferences in cases of failure to disclose assets.
Chan Tin Sun v Fong Quay SimUnknownNo[2015] 2 SLR 195SingaporeCited regarding the drawing of adverse inferences in cases of failure to disclose assets.
Hoong Khai Soon v Cheng Kwee EngUnknownYes[1993] 1 SLR(R) 823SingaporeCited with approval in NK v NL for the principle of making a 'rough and ready approximation' when documentary evidence is lacking.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Custody
  • Care and Control
  • Access
  • Maintenance
  • Division of Assets
  • Broad Brush Approach
  • Direct Contributions
  • Indirect Contributions
  • Alnwick Property

15.2 Keywords

  • divorce
  • matrimonial assets
  • child custody
  • maintenance
  • family law
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Maintenance85
Child Custody80
Division of Assets80
Child Support75

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Custody
  • Child Maintenance