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 Singapore1.2 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
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Valerie Thean | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The parties married in 1991 and have three adult children.
- Both parties are successful doctors; the husband is a neurosurgeon, and the wife is a general practitioner.
- The wife moved out of the matrimonial home in June 2013.
- The husband began a relationship with another woman and had a child in March 2014.
- The husband commenced divorce proceedings in April 2014, and the wife filed a counterclaim.
- Interim Judgment was granted on the wife's counterclaim in March 2015.
- The court found that both parties had engaged in dissipation of marital assets.
5. Formal Citations
- TBZ v TCA, Divorce Transfer No 1770 of 2014, [2017] SGHCF 18
6. Timeline
Date | Event |
---|---|
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
- Division of Matrimonial Assets
- Outcome: The court ordered an equal division of the matrimonial assets.
- Category: Substantive
- 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
- Division of Matrimonial Assets
- 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 Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
ARY v ARX and another appeal | Court of Appeal | Yes | [2016] 2 SLR 686 | Singapore | Cited 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 appeal | Court of Appeal | Yes | [2017] SGCA 34 | Singapore | Cited 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 matter | Court of Appeal | Yes | [2016] 4 SLR 145 | Singapore | Commented on by TND v TNC regarding the valuation of matrimonial assets. |
Lock Yeng Fun v Chua Hock Chye | N/A | Yes | [2007] 3 SLR(R) | Singapore | Cited 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 ANK | N/A | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach to determine a just and equitable division of matrimonial assets. |
Thery Patrice Roger v Tan Chye Tee | Court of Appeal | Yes | [2014] SGCA 20 | Singapore | Cited for guidance on how loans may be treated as paid up. |
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent) | N/A | Yes | [2006] 4 SLR(R) 605 | Singapore | Cited 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 appeal | N/A | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that different valuation dates may be used for different categories of assets. |
Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the ways in which an adverse inference could be dealt with. |
Twiss, Christopher James Hans v Twiss, Yvonne Prendergast | Court of Appeal | Yes | [2015] SGCA 52 | Singapore | Cited for the structured approach to determine a just and equitable division of matrimonial assets. |
Ang Teng Siong v Lee Su Min | N/A | Yes | [2000] 1 SLR(R) 908 | Singapore | Cited 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 Ling | N/A | Yes | [2006] 1 SLR(R) 416 | Singapore | Cited regarding the maintenance of adult children. |
AUA v ATZ | Court of Appeal | Yes | [2016] 4 SLR 674 | Singapore | Cited 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 appeal | Court of Appeal | Yes | [2016] 3 SLR 1137 | Singapore | Cited for the principle of common but differentiated responsibilities in relation to the maintenance of children. |
O’Brien v O’Brien | New York Court of Appeals | Yes | 498 NYS 2d 743 | New York | Cited 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 Chamberlain | Appellate Division of the Supreme Court | Yes | 808 NYS 2d 352 | New York | Cited 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 TCA | Family Court | Yes | [2015] SGFC 41 | Singapore | The 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 Name | Jurisdiction |
---|---|
Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
Section 112 of the Women's Charter | Singapore |
Section 114(1) of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
Section 69 of the Women’s Charter | Singapore |
Section 127 of the Women’s Charter | Singapore |
Section 122 of the Women’s Charter | Singapore |
Section 68 of the Women’s Charter | Singapore |
Section 69(4) of the Women’s Charter | Singapore |
Section 29 of the Family Justice Act 2014 (No 27 of 2014) | Singapore |
Section 2(a) of the Women’s Charter | Singapore |
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
Area Name | Relevance Score |
---|---|
Family Law | 95 |
Matrimonial Assets | 90 |
Maintenance | 85 |
Divorce | 80 |
Child Custody | 60 |
Child Support | 60 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Maintenance