TBZ v TCA: Division of Matrimonial Assets & Maintenance for Adult Children

In the divorce case of *TBZ v TCA*, the Family Justice Courts of Singapore addressed ancillary matters concerning the division of matrimonial assets and maintenance for three adult children. The court, presided over by Valerie Thean JC, ordered an equal division of the matrimonial assets, valued at $21,420,544.91, and outlined specific maintenance arrangements for each child's tertiary education. The husband's maintenance summons against his wife was dismissed, as were the daughter's and younger son's maintenance summonses against their father.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Equal division of matrimonial assets ordered; specific maintenance arrangements for adult children determined.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets and maintenance for adult children. The court ordered an equal division of assets and specific maintenance arrangements.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TBZPlaintiffIndividualAssets divided equallyNeutral
TCADefendantIndividualAssets divided equallyNeutral

3. Judges

Judge NameTitleDelivered Judgment
Valerie TheanJudicial CommissionerYes

4. Counsels

4. Facts

  1. The parties married in 1991 and have three adult children.
  2. Both parties are successful doctors; the husband is a neurosurgeon, and the wife is a general practitioner.
  3. The wife moved out of the matrimonial home in June 2013.
  4. The husband began a relationship with another woman and had a child in March 2014.
  5. The husband commenced divorce proceedings in April 2014, and the wife filed a counterclaim.
  6. Interim Judgment was granted on the wife's counterclaim in March 2015.
  7. The court found that both parties had engaged in dissipation of marital assets.

5. Formal Citations

  1. TBZ v TCA, Divorce Transfer No 1770 of 2014, [2017] SGHCF 18

6. Timeline

DateEvent
Parties married
Eldest child born
Wife started private practice
Daughter born
Husband began fellowship in the UK
Younger son born
Husband completed fellowship and returned to Singapore
Elder son sent to the UK for education
Daughter and younger son sent to the UK for education
Wife moved out of the matrimonial home
Husband began a relationship with A
Child B born to Husband and A
Husband commenced divorce proceedings
Interim Judgment granted on Wife’s counterclaim
Ancillary matters hearing
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered an equal division of the matrimonial assets.
    • Category: Substantive
  2. Maintenance of Adult Children
    • Outcome: The court outlined specific maintenance arrangements for each child's tertiary education, with the husband responsible for the elder son and the wife for the younger son.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Adult Children

9. Cause of Actions

  • Unreasonable Behaviour

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ARY v ARX and another appealCourt of AppealYes[2016] 2 SLR 686SingaporeCited for the principle of using the Interim Judgment date as the operative date for delineating assets unless circumstances warrant otherwise.
TND v TNC and another appealCourt of AppealYes[2017] SGCA 34SingaporeCited for the principle that matrimonial assets should be valued as at the date of the ancillary matters hearing, unless a departure is warranted.
TDT v TDS and another appeal and another matterCourt of AppealYes[2016] 4 SLR 145SingaporeCommented on by TND v TNC regarding the valuation of matrimonial assets.
Lock Yeng Fun v Chua Hock ChyeN/AYes[2007] 3 SLR(R) SingaporeCited for the principle of treating all matrimonial assets as community property to be divided in accordance with section 112 of the Women's Charter.
ANJ v ANKN/AYes[2015] 4 SLR 1043SingaporeCited for the structured approach to determine a just and equitable division of matrimonial assets.
Thery Patrice Roger v Tan Chye TeeCourt of AppealYes[2014] SGCA 20SingaporeCited for guidance on how loans may be treated as paid up.
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)N/AYes[2006] 4 SLR(R) 605SingaporeCited regarding the treatment of gifts that are not kept separate and are commingled with other funds.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealN/AYes[2011] 2 SLR 1157SingaporeCited for the principle that different valuation dates may be used for different categories of assets.
Chan Tin Sun v Fong Quay SimCourt of AppealYes[2015] 2 SLR 195SingaporeCited for the ways in which an adverse inference could be dealt with.
Twiss, Christopher James Hans v Twiss, Yvonne PrendergastCourt of AppealYes[2015] SGCA 52SingaporeCited for the structured approach to determine a just and equitable division of matrimonial assets.
Ang Teng Siong v Lee Su MinN/AYes[2000] 1 SLR(R) 908SingaporeCited for the principle that the ratio of direct contributions to the proceeds from a compulsorily acquired property should be traced into the parties’ contributions to properties financed by those proceeds.
Wong Ser Wan v Ng Cheong LingN/AYes[2006] 1 SLR(R) 416SingaporeCited regarding the maintenance of adult children.
AUA v ATZCourt of AppealYes[2016] 4 SLR 674SingaporeCited for the principle that every parent has a duty to maintain or contribute to the maintenance of his or her children.
TIT v TIU and another appealCourt of AppealYes[2016] 3 SLR 1137SingaporeCited for the principle of common but differentiated responsibilities in relation to the maintenance of children.
O’Brien v O’BrienNew York Court of AppealsYes498 NYS 2d 743New YorkCited by the Wife to support the argument that a professional license could constitute a matrimonial asset subject to equitable distribution. The court found that this case does not apply in Singapore.
Chamberlain v ChamberlainAppellate Division of the Supreme CourtYes808 NYS 2d 352New YorkCited by the Wife to support the argument that a professional license could constitute a matrimonial asset subject to equitable distribution. The court found that this case does not apply in Singapore.
TBZ v TCAFamily CourtYes[2015] SGFC 41SingaporeThe Interim Judgement of this case.

13. Applicable Rules

Rule Name
Rule 22 of the Family Justice Rules 2014 (GN No S 813/2014)

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Section 112 of the Women's CharterSingapore
Section 114(1) of the Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
Section 69 of the Women’s CharterSingapore
Section 127 of the Women’s CharterSingapore
Section 122 of the Women’s CharterSingapore
Section 68 of the Women’s CharterSingapore
Section 69(4) of the Women’s CharterSingapore
Section 29 of the Family Justice Act 2014 (No 27 of 2014)Singapore
Section 2(a) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Interim Judgment
  • Dissipation
  • Maintenance
  • Ancillary Matters

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Child Maintenance
  • Singapore
  • Family Law

17. Areas of Law

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Maintenance