TVJ v TVK: Division of Matrimonial Assets & Wife's Maintenance After Divorce

In the Family Justice Courts of Singapore, Judicial Commissioner Valerie Thean presided over the divorce case between TVJ (the Husband) and TVK (the Wife), concerning the division of matrimonial assets, maintenance for the Wife, custody of their daughter, and costs. The court ordered a 50:50 split of the matrimonial assets, valued at $4,631,434.58, and awarded the Wife a lump sum maintenance of $171,422. The Husband was ordered to transfer the Condominium and the Marsiling HDB to the Wife and pay a further sum of $157,194. Joint custody of the child was granted, with care and control to the Wife, and the Husband was ordered to pay $1,500 per month for the child's maintenance.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Orders made for division of matrimonial assets, wife's maintenance, and child's maintenance.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets and maintenance for the wife after a 33-year marriage. The court ordered a 50:50 asset split and lump sum maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TVJPlaintiffIndividualTransfer of assets and payment of sum orderedLost
TVKDefendantIndividualAwarded 50% of matrimonial assets and lump sum maintenanceWon

3. Judges

Judge NameTitleDelivered Judgment
Valerie TheanJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Gangadharan Prasanna DeviPrasanna Devi LLC
Jayamani Jose CharlesJose Charles & Co.

4. Facts

  1. The Husband and Wife were married for 33 years.
  2. The Husband commenced divorce proceedings against the Wife on 14 September 2012.
  3. The Husband obtained an interim judgment for divorce on 28 January 2013.
  4. The Wife did not initially participate in the proceedings.
  5. The Wife applied to set aside the first set of ancillary orders, which was granted.
  6. The Husband was the sole breadwinner, while the Wife was the main person maintaining the household.
  7. The Husband admitted to spending $310,180 gambling at Marina Bay Sands.
  8. The Husband did not disclose his shareholding in A Pte Ltd until late in the proceedings.
  9. The Husband had substantial unexplained withdrawals from OCBC 001.

5. Formal Citations

  1. TVJ v TVK, Divorce Transfer No 4482 of 2012, [2017] SGHCF 1

6. Timeline

DateEvent
Parties married
Husband commenced divorce proceedings
Interim Judgment for divorce obtained
First set of ancillary orders made in the High Court
First set of ancillary orders set aside by the High Court
Court dealt with division of matrimonial assets, maintenance for the Wife, custody of the Child, and costs
Grounds of decision furnished
Husband to pay child maintenance

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the pool of matrimonial assets and ordered a 50:50 split between the parties.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Inclusion of assets in matrimonial pool
      • Dissipation of assets
      • Undisclosed assets
    • Related Cases:
      • [2015] 4 SLR 1043
  2. Maintenance for Wife
    • Outcome: The court awarded the Wife a lump sum maintenance of $171,422 to ease the transition, considering the desirability of a clean break and the Wife's difficulty in re-entering the labor market.
    • Category: Substantive
    • Sub-Issues:
      • Lump sum maintenance
      • Affordability of maintenance
      • Clean break principle
    • Related Cases:
      • [2016] SGCA 2
  3. Costs
    • Outcome: The court awarded the Wife the costs of the setting aside and the subsequent hearing of the ancillary matters, fixed at $15,000, due to the Husband's significant non-disclosure.
    • Category: Procedural
    • Sub-Issues:
      • Non-disclosure of assets
      • Misconduct during litigation
      • Incentivising sensible behaviour
    • Related Cases:
      • [2012] SGHC 213

8. Remedies Sought

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

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for the principle that the court has the power to draw adverse inferences against a party who has failed to make full and frank disclosure of his assets.
Lock Yeng Fun v Chua Hock ChyeN/AYes[2007] 3 SLR(R) 520SingaporeCited for the principle that financial and non-financial contributions to the household should be equally respected.
Lim Choon Lai v Chew Kim HengN/AYes[2001] 2 SLR(R) 260SingaporeCited for the principle that financial and non-financial contributions to the household should be equally respected.
Tan Hwee Lee v Tan Cheng Guan and another appeal and another matterN/AYes[2012] 4 SLR 785SingaporeCited for the principle that financial and non-financial contributions to the household should be equally respected.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the principle that the process of matrimonial division of assets must involve a mutual respect for spousal contributions, whether in the economic or homemaking spheres.
ATE v ATD and another appealCourt of AppealYes[2016] SGCA 2SingaporeCited for the principle that the Court’s power to order maintenance is supplementary to that to divide assets
Cheung Kam Yi Betty v Liu Tsun KieHigh CourtYes[2012] SGHC 213SingaporeCited for the principle that costs remain an important tool in regulating the litigation process in family cases, in discouraging misconduct and incentivising sensible behaviour on the part of litigants.
Livesey (formerly Jenkins) Respondent and Jenkins Appellant [on Appeal From Jenkins V. Livesey (formerly Jenkins)]N/AYes[1985] 1 AC 424N/ACited for the principle of full and frank disclosure applies not only to contested proceedings but also to exchanges of information between parties and their solicitors leading to consent orders without further inquiry of the court

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s CharterSingapore
Family Justice Rules 2014 (GN S 813/2014)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Interim judgment
  • Ancillary orders
  • Dissipation of assets
  • Adverse inference
  • Lump sum maintenance
  • Clean break
  • Joint custody
  • Care and control
  • Full and frank disclosure

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Family Law
  • Singapore
  • Division of Assets

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Maintenance90
Child Custody70
Child Support70
Costs50

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance