UBM v UBN: Division of Matrimonial Assets in Long, Single-Income Marriage

In UBM v UBN, the Family Justice Courts of Singapore addressed the division of matrimonial assets in a 37-year marriage. The Plaintiff, UBM (Husband), and the Defendant, UBN (Wife), divorced after a long marriage where the Husband was the breadwinner and the Wife was the homemaker. The court, presided over by Debbie Ong JC, ordered a 60:40 division of the matrimonial assets in favor of the Husband, valued at $9,123,747, and denied the Wife's request for maintenance, considering her sufficient financial resources post-division.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Matrimonial assets divided 60:40 in favor of the Husband; Wife's prayer for maintenance denied.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Division of matrimonial assets in a 37-year marriage. The court ordered a 60:40 split in favor of the husband, considering the wife's role as homemaker.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UBMPlaintiffIndividualDivision of matrimonial assets 60:40 in favor of PlaintiffPartial
UBNDefendantIndividualDivision of matrimonial assets 60:40 in favor of Plaintiff; Wife's prayer for maintenance denied.Lost

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Chia Soo MichaelMSC Law Corporation
Hany Soh Hui BinMSC Law Corporation
Cheong Zhihui IvanHarry Elias Partnership LLP
Chew Wei EnHarry Elias Partnership LLP

4. Facts

  1. The Husband and Wife were married in October 1978 and have four children.
  2. The Husband was the breadwinner, and the Wife was the homemaker.
  3. The interim judgment of divorce was granted in December 2015.
  4. The parties agreed that matrimonial assets valued at $9,044,747 were liable to division.
  5. The Husband was ordered to return $79,000 to the pool of assets.
  6. The court found that the parties did not reside in 35 JM.
  7. The court found insufficient evidence to prove that there was even a substantial improvement of 35 JM to begin with.

5. Formal Citations

  1. UBM v UBN, Divorce (Transferred) No 3601 of 2015, [2017] SGHCF 13
  2. UBM v UBN, Divorce (Transferred) No 3601 of 2015, [2017] SGHCF 13

6. Timeline

DateEvent
Husband received 35 JM as a gift from his father.
Husband and Wife married.
15 JM was sold.
Husband retired.
35 JM was renovated.
Husband transferred $79,000 to one of their daughters.
Interim judgment of divorce was granted.
Wife received a letter from the renovations contractor regarding 35 JM.
Hearing on the financial ancillary matters.
Further explanation requested from both counsel regarding the sum of $660,000 used for renovations to 35 JM.
Hearing on the financial ancillary matters.
Judgment issued by Debbie Ong JC.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered a 60:40 division of the matrimonial assets in favor of the Husband.
    • Category: Substantive
  2. Maintenance of Wife
    • Outcome: The court denied the Wife's prayer for maintenance.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for the Wife

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Application for Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeEstablished the 'structured approach' for division of matrimonial assets, emphasizing equal recognition of spousal contributions.
NK v NLUnknownYes[2007] 3 SLR(R) 743SingaporeAffirmed the ideology of marriage as an equal co-operative partnership of efforts, according equal recognition to spousal contributions.
TNL v TNK and another appeal and another matterCourt of AppealYes[2017] 1 SLR 609SingaporeHeld that the 'structured approach' would not be applicable to long 'Single-Income Marriages', in order to ensure that homemaker spouses were not unduly disadvantaged in the division of matrimonial assets.
Shi Fang v Koh Pee HuatUnknownYes[1996] 1 SLR(R) 906SingaporeContributions to substantially improving a property comprised overseeing the renovations and choosing the designs for the property have been regarded by the Court of Appeal as de minimis.
Twiss, Christopher James Hans v Twiss, Yvonne PrendergastCourt of AppealYes[2015] SGCA 52SingaporeCourts applying the structured approach have in appropriate situations adjusted the average ratio by according unequal weightage to direct and indirect contributions, depending on the facts and circumstances of the case.
ATE v ATD and another appealCourt of AppealYes[2016] SGCA 2SingaporeCourts applying the structured approach have in appropriate situations adjusted the average ratio by according unequal weightage to direct and indirect contributions, depending on the facts and circumstances of the case.
BCB v BCCCourt of AppealYes[2013] 2 SLR 324SingaporeInstructive on how the use of trends guides the court’s exercise of its power in reaching a just and equitable division of matrimonial assets.
Tan Hwee Lee v Tan Cheng Guan and another appeal and another matterCourt of AppealYes[2012] 4 SLR 785SingaporeIn long marriages, the trend in previous cases was toward giving the homemaker a greater proportion of the matrimonial assets.
Chan Tin Sun v Fong Quay SimCourt of AppealYes[2015] 2 SLR 195SingaporeFor marriages of between 17 to 35 years where there were children, the proportion of matrimonial assets would range from 35% to 50%.
Yow Mee Lan v Chan Kai BuanUnknownYes[2000] 2 SLR(R) 659SingaporeA marriage can still be classified as a Single-Income one even if the homemaker spouse has worked for some time in a long marriage.
Lock Yeng Fun v Chua Hock ChyeUnknownYes[2007] 3 SLR(R) 520SingaporeA spouse who makes substantial financial contribution to the acquisition of matrimonial assets can still be regarded as a homemaker in a Single-Income Marriage.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealUnknownYes[2011] 2 SLR 1157SingaporeThe division in a previous case is no more than an illustration which subsequent cases can take into account as guides, always bearing in mind the difference in circumstances and that no two cases are identical.
Ong Boon Huat Samuel v Chan Mei Lan KristineCourt of AppealYes[2007] 2 SLR 729SingaporeIn a short and childless marriage, the division of matrimonial assets will usually be in accordance with the parties’ direct financial contributions as non-financial contributions will be minimal.
Wan Lai Cheng v Quek Seow Kee and another appeal and another matterUnknownYes[2012] 4 SLR 405SingaporeThe updated average life span of a woman is 85 years.
Foo Ah Yan v Chiam Heng ChowUnknownYes[2012] 2 SLR 506SingaporeThe court should be guided by the underlying basis for the maintenance of a former wife.
Ong Chen Leng v Tan Sau PooUnknownYes[1993] 2 SLR(R) 545SingaporeThe formula in Ong Chen Leng v Tan Sau Poo is a guide and not a rule in determining a wife’s lump sum maintenance.
Zhou Lijie v Wang ChengxiangHigh CourtYes[2015] SGHC 316SingaporeWhere a wife made little or no direct contributions, the marriage was a childless one, and the marriage was a moderate length of about 10 ten years, the just and equitable division of assets would be to award her between 10% to 20% of the total pool of assets.

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
  • Single-Income Marriage
  • Structured Approach
  • Direct Contributions
  • Indirect Contributions
  • Homemaker
  • Breadwinner
  • Division of Assets
  • Maintenance
  • Equal Partnership

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Asset Division
  • Family Law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Divorce90
Maintenance80

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Asset Division