TNK v TNL: Division of Matrimonial Assets & Wife's Maintenance in Long-Term Marriage

In the divorce case of *TNK v TNL*, before the Family Justice Courts of Singapore, Judicial Commissioner Valerie Thean addressed the division of matrimonial assets, maintenance for the wife, and costs. The divorce was uncontested, and the key issues revolved around ancillary matters. The court ordered an equal division of the matrimonial assets, valued at $5,200,670, and a lump sum maintenance payment of $171,517 to the wife. The decision considered the wife's role as a homemaker in a long marriage and the husband's financial circumstances.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Equal division of matrimonial assets and lump sum maintenance ordered.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning division of matrimonial assets and maintenance for a homemaker wife after a 40-year marriage. The court ordered an equal division of assets and lump sum maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TNLDefendantIndividualEqual division of matrimonial assets and lump sum maintenance ordered.Partial
TNKPlaintiffIndividualEqual division of matrimonial assets and lump sum maintenance ordered.Partial

3. Judges

Judge NameTitleDelivered Judgment
Valerie TheanJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Lim Poh ChooAlan Shanker & Lim LLC
Irving ChohOptimus Chambers LLC
Stephanie LooiOptimus Chambers LLC

4. Facts

  1. The parties were married for almost 40 years.
  2. The wife was a homemaker throughout the marriage.
  3. The husband was the main fee-earner and a director in a listed company.
  4. The wife commenced divorce proceedings against the husband based on his behavior.
  5. The matrimonial assets were valued at $5,200,670.
  6. The wife surrendered two insurance policies during the marriage.
  7. The parties jointly owned an apartment that was sold during the marriage.

5. Formal Citations

  1. TNK v TNL, Divorce Transfer No 1519 of 2013, [2016] SGHCF 7

6. Timeline

DateEvent
Parties married.
AIA Policy surrendered.
Interlace Apartment purchased.
GE Policy surrendered.
Husband cancelled supplementary credit card and ATM card.
Husband sold the Interlace Apartment.
Daughter withdrew $32,000 from POSB Account.
Daughter withdrew $107,000 from POSB Account.
Wife commenced divorce proceedings.
Interim Judgment granted.
Husband stopped paying maintenance to the Wife.
Hearing on ancillary matters.
Oral judgment given in relation to the ancillary matters.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered an equal division of the matrimonial assets.
    • Category: Substantive
  2. Maintenance for Wife
    • Outcome: The court ordered a lump sum maintenance payment to the wife.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Costs

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division
  • Matrimonial Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
In re Eykyn’s TrustsN/AYes[1877] 6 ChD 115N/ACited regarding the presumption of advancement when a husband transfers property to his wife.
Pettitt v PettittHouse of LordsYes[1970] AC 777N/ACited for the principle that when property is held jointly, the presumption is a joint beneficial tenancy.
In re YoungN/AYes[1885] 28 ChD 705N/ACited regarding the ownership of a joint account and investments made from it.
In re Bishop, decdN/AYes[1965] Ch 450N/ACited regarding the authority of a spouse to withdraw money from a joint account and make investments.
Lau Siew Kim v Yeo Guan ChyeCourt of AppealYes[2008] 2 SLR(R) 108SingaporeCited for the principle that a presumption of advancement must be premised on a gift that would result in the operation of the presumption of a resulting trust.
Agip (Africa) Ltd v JacksonN/AYes[1989] 3 WLR 1367N/ACited regarding the common law tracing rules for tracing monies into a joint bank account.
Lee Tso Fong v Kwok Wai SunHigh Court of Hong KongYes[2008] HKCFI 385Hong KongCited for the principle that the presumption of advancement applies equally between mother and child.
Low Gim Siah and others v Low Geok Khim and anotherCourt of AppealYes[2007] 1 SLR(R) 795SingaporeCited for the principle that the presumption of advancement is prima facie applicable as between a father and an adult son.
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for the structured approach to work out a just and equitable division of matrimonial assets.
Twiss, Christopher James Hans v Twiss, Yvonne PrendergastSingapore Court of AppealYes[2015] SGCA 52SingaporeCited for the structured approach to work out a just and equitable division of matrimonial assets.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited for the principle that the law treats the matrimonial assets as community property.
Wan Lai Cheng v Quek Seow Kee and another appeal and another matterCourt of AppealYes[2012] 4 SLR 405SingaporeCited for the distinction between inter-spousal gifts and gifts that emanate from a third party.
Tan Hwee Lee v Tan Cheng Guan and another appeal and another matterCourt of AppealYes[2012] 4 SLR 785SingaporeCited for the principle that pure inter-spousal gifts may be divided at the end of the marriage.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited regarding the division of matrimonial assets in a long marriage where the asset pool was exceptionally large.
Pang Rosaline v Chan Kong ChinCourt of AppealYes[2009] 4 SLR(R) 935SingaporeCited regarding the importance of managing and supervising household chores.
Lim Choon Lai v Chew Kim HengCourt of AppealYes[2001] 2 SLR(R) 260SingaporeCited for the principle that non-financial contributions can be just as important as financial contributions.
NK v NLN/AYes[2007] 3 SLR(R) 743SingaporeCited for spousal contributions in both the economic and homemaking spheres are equally fundamental to the well-being of a marital partnership.
Yow Mee Lan v Chen Kai BuanN/AYes[2000] 2 SLR(R) 659SingaporeCited regarding the equal division of assets in a long marriage where the wife was predominantly a homemaker.
AYQ v AYRCourt of AppealYes[2013] 1 SLR 476SingaporeCited regarding the consideration of indirect contributions at the end of the marriage.
AYM v AYL and another appealCourt of AppealYes[2014] 4 SLR 559SingaporeCited regarding the use of a lump sum payment to allow a clean break in the marriage.
ATE v ATDCourt of AppealYes[2016] SGCA 2SingaporeCited regarding the power of the court to order maintenance is supplementary to that to order a division of matrimonial assets.
NI v NJCourt of AppealYes[2007] 1 SLR(R) 75SingaporeCited regarding the statutory directive in s 114 of the Charter.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Lump Sum Maintenance
  • Homemaker
  • Inter-spousal Gifts
  • Presumption of Advancement
  • Direct Contribution
  • Indirect Contribution

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • family law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Division of Matrimonial Property90
Maintenance90
Matrimonial Assets90
Division60
Civil Procedure30
Costs20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance