TND v TNC: Division of Matrimonial Assets and Access Orders Appeal
TND and TNC appealed against the decision of the High Court regarding the division of matrimonial assets and access orders following their divorce. The Court of Appeal adjusted the valuation date of the assets to the date of the ancillary matters hearing and adjusted certain liabilities. However, the court upheld the original ratios for direct and indirect contributions to the matrimonial assets and the orders on access and maintenance. The wife was awarded approximately 33.6% of the total matrimonial assets.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding the division of matrimonial assets and access orders. The court adjusted the valuation date and liabilities but upheld the original division ratios.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Sundaresh Menon | Chief Justice | No |
| Chao Hick Tin | Judge of Appeal | No |
| Judith Prakash | Judge of Appeal | Yes |
4. Counsels
4. Facts
- The wife initiated divorce proceedings in November 2013.
- The marriage was solemnised in September 2001.
- The parties have one child, a son, who was four years old at the time of the hearing below.
- The wife has been a homemaker since 2006.
- The husband is engaged in his own property development business.
- The parties incorporated a number of companies to hold various properties between 2002 and 2012.
- The wife sought a 50:50 division of the assets.
- The husband proposed a division in the ratio 89.52:10.48 in his favour.
5. Formal Citations
- TND v TNC and another appeal, , [2017] SGCA 34
- TND v TNC, Civil Appeal No 23 of 2016, Civil Appeal No 23 of 2016
- TNC v TND, Civil Appeal No 30 of 2016, Civil Appeal No 30 of 2016
- TNC v TND, , [2016] SGHCF 9
6. Timeline
| Date | Event |
|---|---|
| Marriage solemnised | |
| Divorce proceedings initiated | |
| Interim judgment of divorce granted | |
| Ancillary Matters hearing began | |
| Ancillary Matters hearing ended | |
| Hearing of appeals | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the valuation date and certain liabilities but upheld the original ratios for direct and indirect contributions.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct contributions
- Indirect contributions
- Access Orders
- Outcome: The court declined to make any orders on the access order, stating that the issue was not an error in the Judge’s access order but the need for greater specificity.
- Category: Substantive
8. Remedies Sought
- Division of matrimonial assets
- Maintenance for wife
- Maintenance for child
- Custody, care and control of child
- Access orders
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Asset Division
11. Industries
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ARY v ARX and another appeal | Court of Appeal | Yes | [2016] 2 SLR 686 | Singapore | Cited for guidance on the operative date for determining the asset pool and valuing matrimonial assets. |
| 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 the valuation of matrimonial assets should be assessed as at the date of the hearing. |
| TDT v TDS and another appeal and another matter | Court of Appeal | Yes | [2016] 4 SLR 145 | Singapore | Cited for limiting the discretion to depart from the ancillary matters date as the date of valuation to situations where such departure is warranted by the facts. |
| BGT v BGU | High Court | Yes | [2013] SGHC 50 | Singapore | Discussed in relation to whether an asset acquired before marriage that is ordinarily used during the marriage for a short while will still be considered a matrimonial asset. |
| TXW v TXX | High Court | Yes | [2017] SGHCF 4 | Singapore | Discussed in relation to the interpretation of Section 112(10)(a)(i) of the Women's Charter and the classification of pre-marriage assets as matrimonial assets. |
| Toh Eng Lan v Foong Fook Yue and another appeal | Court of Appeal | Yes | [1998] 3 SLR(R) 833 | Singapore | Cited for the procedure for adducing further evidence on appeal. |
| Koh Bee Choo v Choo Chai Huah | Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited for the principle that the division of matrimonial assets involves the sound application of judicial discretion. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the principle that direct contributions are likely to command greater weight as against indirect contributions where an extraordinarily large pool of assets was acquired by one party’s exceptional efforts. |
| TNL v TNK | Court of Appeal | Yes | [2017] SCGA 15 | Singapore | Cited for the principle that appeals will not be sympathetically received where the result is a potential adjustment of the sums awarded below that works out to less than ten percent thereof. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Direct contributions
- Indirect contributions
- Ancillary matters
- Interim judgment
- Valuation date
- Access order
- Care and control
15.2 Keywords
- Divorce
- Matrimonial Assets
- Division of Assets
- Family Law
- Singapore
- Appeal
- Access Orders
17. Areas of Law
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Property Law