TME v TMF: Division of Matrimonial Assets, Wife & Child Maintenance Post-Divorce
In the Family Justice Courts of Singapore, Judicial Commissioner Valerie Thean addressed ancillary matters in the divorce case of TME (the wife) against TMF (the husband). The court determined the division of matrimonial assets, considering direct and indirect contributions, and ordered a lump sum maintenance payment to the wife and monthly maintenance for their son. The husband's appeal led to the furnishing of these grounds of decision.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Orders made for division of matrimonial assets, lump sum maintenance for the wife, and monthly maintenance for the son.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court decision on ancillary matters post-divorce, addressing division of assets, and maintenance for the wife and child.
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 wife and husband married in 1995 and have one son, born in 1997.
- The husband was the main income earner throughout the marriage, working as a chief executive.
- The wife was primarily a homemaker, with some periods of employment.
- The wife commenced divorce proceedings in 2014 based on the husband's adultery.
- The husband officially retired in April 2014 but continued as a consultant.
- The parties reached an agreement for joint custody of their son, with care and control to the wife.
- The husband had gains from the crystallisation of shares in his company in 2013.
5. Formal Citations
- TME v TMF, Divorce (Transferred) No 1606 of 2014, [2016] SGHCF 6
6. Timeline
| Date | Event |
|---|---|
| Flame Tree Park property bought. | |
| Marriage in Singapore. | |
| Son born. | |
| Husband posted to Malaysia. | |
| Husband returned to Singapore. | |
| Clementi Woods property bought. | |
| Wife worked at a radio station. | |
| Wife stopped working at radio station. | |
| Husband posted to Malaysia again. | |
| Husband ceased to be employed by the company’s Malaysian subsidiary. | |
| Options to purchase for both apartments were signed in January and July 2012. | |
| Bartley Ridge property bought. | |
| Husband liquidated shares in the company. | |
| Husband paid tax of $860,000 on share options gains. | |
| Husband's shares in the company crystallised. | |
| Husband discovered to have committed adultery. | |
| Wife commenced divorce proceedings. | |
| Husband officially retired from the company. | |
| Husband given a post-retirement fixed term contract. | |
| Interim judgment for divorce was granted. | |
| Husband estimated his take-home monthly income after taxes at about $40,000. | |
| Husband stepped down as chief executive. | |
| Grounds of Decision issued. | |
| Husband's post-retirement fixed term contract ends. |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the division of assets based on direct and indirect contributions, including an uplift due to the husband's incomplete disclosure.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect financial contributions
- Non-financial contributions
- Incomplete disclosure of assets
- Inclusion of unvested shares
- Wife's Maintenance
- Outcome: The court ordered a lump sum maintenance payment to the wife.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Clean break principle
- Financial dependency
- Earning capacity
- Child's Maintenance
- Outcome: The court set a monthly maintenance amount for the son.
- Category: Substantive
- Sub-Issues:
- Reasonableness of expenses
- Future tertiary education needs
- Operative Date for Asset Valuation
- Outcome: The court determined the operative date for valuing the assets to be as close as practicable to the date of the ancillary matters hearing.
- Category: Procedural
- Adverse Inference for Non-Disclosure
- Outcome: The court drew an adverse inference against the husband for failing to substantiate the whereabouts of funds and applied an uplift to the wife's share of the assets.
- Category: Procedural
- Sub-Issues:
- Failure to produce bank statements
- Lackadaisical attitude towards disclosure
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Child
- Costs
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Child
10. Practice Areas
- Divorce
- Family Law
- Asset Division
- Child Support
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yeo Chong Lin v Tay Ang Choo Nancy | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited regarding the operative date for delineating the pool of assets in a divorce case. |
| Oh Choon v Lee Siew Lin | Court of Appeal | Yes | [2014] 1 SLR 629 | Singapore | Cited for the principle that there is no hard and fast cut-off date for determining the pool of matrimonial assets. |
| Yeo Gim Tong Michael v Tianzon Lolita | Court of Appeal | Yes | [1996] 1 SLR(R) 633 | Singapore | Cited for adopting the date of the ancillary matters hearing as the operative date due to the wife's continued care for the child. |
| ARY v ARX | Court of Appeal | Yes | [2016] SGCA 13 | Singapore | Cited for guidance that the starting point for the operative date should be the date that interim judgment is granted, but preserving the judge's discretion. |
| Chan Teck Hock David v Leong Mei Chuan | Court of Appeal | Yes | [2002] 1 SLR(R) 76 | Singapore | Cited regarding the use of a 'time rule' and an 'if and as when' order for valuing stock options as matrimonial assets. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach to the division of assets in divorce cases and the principle of making a 'rough and ready' approximation when documentary evidence is lacking. |
| NK v NL | Unknown | Yes | [2007] 3 SLR(R) 73 | Singapore | Cited for the guidance of the Court of Appeal to make a 'rough and ready' approximation when documentary evidence falls short. |
| 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. |
| AVM v AWH | Unknown | Yes | [2015] 4 SLR 1274 | Singapore | Cited for the broad-brush approach to make approximations based on available documentary evidence. |
| Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the two alternative approaches to give effect to the adverse inference drawn against a spouse. |
| Au Kin Chung v Ho Kit Joo | High Court | Yes | [2007] SGHC 150 | Singapore | Cited for the uplift of the wife's share from 50% to 70% on account of husband's failure to give full and frank disclosure of his assets. |
| Chan Pui Yin v Lim Tiong Kei | Unknown | Yes | [2011] 4 SLR 875 | Singapore | Cited for the wife being awarded a further 10% of the value of the disclosed assets of $10.95m. |
| AYM v AYL | Unknown | Yes | [2014] 4 SLR 559 | Singapore | Cited for the principles concerning lump sum maintenance payments. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Ancillary Matters
- Interim Judgment
- Direct Contribution
- Indirect Contribution
- Operative Date
- Share Crystallisation
- Adverse Inference
- Lump Sum Maintenance
- Joint Custody
- Care and Control
- Uplift Approach
- Time Rule
- If and As When Order
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- Singapore
- ancillary matters
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Maintenance | 90 |
| Maintenance (Wife) | 90 |
| Maintenance (Child) | 90 |
| Child Custody | 60 |
| Child Support | 60 |
16. Subjects
- Family Law
- Divorce
- Asset Division
- Maintenance