UFU (M.W.) v UFV: Division of Matrimonial Assets, Wife & Child Maintenance
In the Family Justice Courts of Singapore, the divorce case of *UFU (M.W.) v UFV* concerned ancillary matters under the Women’s Charter, specifically the division of matrimonial assets, maintenance for the wife, and maintenance for the children. The court, presided over by Judicial Commissioner Foo Tuat Yien, granted interim judgment on 4 March 2014. The court ordered the matrimonial assets of $10,782,223 to be divided with 62.5% to the Husband and 37.5% to the Wife. The Husband was ordered to pay the Wife a lump sum maintenance of $240,000 and $14,200 per month for the children's maintenance. Both parties have appealed against the orders.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Orders made for division of matrimonial assets, wife maintenance, and child maintenance.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning division of matrimonial assets, wife maintenance, and child maintenance. The court divided assets 62.5:37.5.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
UFU (M.W.) | Plaintiff | Individual | Partial | Partial | Carrie Gill, Thian Wen Yi |
UFV | Defendant | Individual | Partial | Partial | Josephine Chong, Esther Yeo |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Foo Tuat Yien | Judicial Commissioner | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
Carrie Gill | Harry Elias Partnership LLP |
Thian Wen Yi | Harry Elias Partnership LLP |
Josephine Chong | Josephine Chong LLC |
Esther Yeo | Josephine Chong LLC |
4. Facts
- The parties were married for 16 years and have four children.
- The Wife was a full-time homemaker and caregiver for the children.
- The Husband is a senior audit partner with a substantial yearly income.
- The Wife filed for divorce based on the Husband’s unreasonable behavior.
- The parties did not hold any assets in joint names.
- The Husband gave the Wife a total sum of $1.9m in surplus funds during the marriage.
- The Wife re-entered the workforce as a Finance Officer earning $2,300 a month in 2016.
5. Formal Citations
- UFU (M.W.) v UFV, Divorce Transfer No 4267 of 2012, [2017] SGHCF 23
6. Timeline
Date | Event |
---|---|
Parties married | |
Wife resigned from firm | |
Wife became a full-time homemaker | |
Wife filed for divorce | |
Wife and children moved out of family home | |
Interim judgment granted | |
Wife started working as a Finance Officer | |
Orders on ancillary matters made | |
Court of Appeal issued judgment in TNL v TNK | |
Judgment Date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the assets to be included in the matrimonial pool and divided them in a 62.5:37.5 ratio in favor of the Husband.
- Category: Substantive
- Sub-Issues:
- Identification of matrimonial assets
- Valuation of matrimonial assets
- Apportionment of matrimonial assets
- Related Cases:
- [2013] 4 SLR 41
- [2000] 3 SLR(R) 647
- [2016] 3 SLR 717
- [2012] 4 SLR 405
- [2007] 3 SLR(R) 520
- [2011] 2 SLR 1157
- [2015] 4 SLR 1043
- [2017] 1 SLR 609
- [2012] 4 SLR 785
- Wife Maintenance
- Outcome: The court ordered the Husband to pay the Wife a lump sum maintenance of $240,000.
- Category: Substantive
- Child Maintenance
- Outcome: The court ordered the Husband to pay $14,200 per month for the children's living expenses and an additional $12,000 per month for their educational, medical, and dental expenses.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Lump Sum Maintenance for Wife
- Monthly Maintenance for Children
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
- Child Support
- Spousal Maintenance
11. Industries
- No industries specified
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
BJS v BJT | High Court | Yes | [2013] 4 SLR 41 | Singapore | Cited to define ordinary use of property in determining matrimonial assets. |
Ryan Neil John v Berger Rosaline | High Court | Yes | [2000] 3 SLR(R) 647 | Singapore | Cited as an example of casual residence not satisfying the requirement of ordinary use for matrimonial assets. |
JAF v JAE | High Court | Yes | [2016] 3 SLR 717 | Singapore | Cited as an example of casual residence not satisfying the requirement of ordinary use for matrimonial assets. |
Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Cited for the principle that pure inter-spousal gifts are matrimonial assets. |
Lock Yeng Fun v Chua Hock Chye | High Court | Yes | [2007] 3 SLR(R) 520 | Singapore | Cited to explain the deferred community of property approach in Singapore legislation. |
Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited regarding the operative date of asset valuation and inclusion of future employment benefits. |
ALJ v ALK | High Court | Yes | [2010] SGHC 255 | Singapore | Cited for the principle that legal fees should not be deducted from the matrimonial pool. |
AQT v AQU | High Court | Yes | [2011] SGHC 138 | Singapore | Cited for the principle that legal fees should not be deducted from the matrimonial pool. |
Goh Yong Hng v Cheong Yen Teng (Zheng Yanping) (mw) and another | High Court | Yes | [2003] 2 SLR(R) 530 | Singapore | Cited regarding the circumstances in which PI fees can be included in matrimonial assets. |
ET v ES | High Court | Yes | [2007] SGHC 152 | Singapore | Cited for the principle that dividends are matrimonial assets. |
ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach to division of matrimonial assets. |
Twiss, Christopher James Hans v Twiss, Yvonne Prendergast | Court of Appeal | Yes | [2015] SGCA 52 | Singapore | Cited for the structured approach to division of matrimonial assets. |
TNL v TNK and another appeal and another matter | Court of Appeal | Yes | [2017] 1 SLR 609 | Singapore | Cited for the principle that the structured approach ought not to apply to long single-income marriages. |
Tan Hwee Lee v Tan Cheng Guan and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 785 | Singapore | Cited for the principle that in long marriages, the non-working spouse tends to receive a greater proportion of matrimonial assets. |
Woon Wee Lee v Koh Ai Hua | High Court | Yes | [2012] SGHC 128 | Singapore | Cited as a case with broadly similar facts regarding the division of matrimonial assets. |
Chan Yuen Boey v Sia Hee Soon | High Court | Yes | [2012] 3 SLR 402 | Singapore | Cited regarding the proportion of matrimonial assets awarded to homemaker wives. |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
Women’s Charter s 112(10) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Interim Judgment
- Lump Sum Maintenance
- Structured Approach
- Pre-marital Assets
- Ring-fencing
- Ex gratia payment
- Private Investigator fees
- Children's Expenses Account
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- children
- family law
- ancillary matters
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets
- Maintenance Law