TXW v TXX: Division of Matrimonial Assets and Wife's Maintenance in Divorce Proceedings
In the Family Justice Courts of Singapore, Judicial Commissioner Debbie Ong presided over the divorce case of *TXW v TXX*, concerning the division of matrimonial assets and maintenance for the wife. The husband commenced divorce proceedings on 15 January 2012, and the wife filed for divorce on 17 January 2012. The interim judgment of divorce was granted on 6 May 2014. The court determined the pool of matrimonial assets to be $14,402,758 and ordered a division of 65% to the husband and 35% to the wife. No maintenance was awarded to the wife. The court also ordered that the parties bear their own costs in respect of the Ancillary Matters proceedings.
1. Case Overview
1.1 Court
Family Justice Courts of the republic of singapore1.2 Outcome
Matrimonial assets divided 65% to Husband and 35% to Wife; No maintenance awarded to Wife.
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. The court determined the pool of assets and ordered a division of 65% to the husband and 35% to the wife, with no maintenance awarded to the wife.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Debbie Ong | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The parties were married on 1 June 1992.
- The Husband commenced divorce proceedings on 15 January 2012.
- The Wife filed for divorce on 17 January 2012.
- The interim judgment of divorce was granted on 6 May 2014.
- The Wife is 52 years old, and the Husband is 71 years old.
- The Husband was a lawyer and retired in 2005.
- The Wife was a homemaker throughout the marriage.
- The parties do not have any children.
5. Formal Citations
- TXW v TXX, Divorce (Transferred) No 191 of 2012/C, [2017] SGHCF 4
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Husband commenced divorce proceedings | |
| Wife filed for divorce | |
| Divorce suits were consolidated | |
| Interim judgment of divorce granted | |
| Ancillary matters hearing | |
| Ancillary matters hearing | |
| Ancillary matters hearing | |
| Oral decision on ancillary matters delivered | |
| Issue of costs heard | |
| Grounds of decision given |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the pool of matrimonial assets and divided them in the proportion of 65% to the Husband and 35% to the Wife.
- Category: Substantive
- Related Cases:
- [2015] 4 SLR 1043
- [2011] 2 SLR 1157
- [2007] 3 SLR(R) 743
- Wife's Maintenance
- Outcome: The court ordered that there shall be no maintenance awarded to the Wife.
- Category: Substantive
- Adverse Inference
- Outcome: The court declined to draw an adverse inference against either the Husband or the Wife.
- Category: Procedural
- Related Cases:
- [2007] SGCA 21
- [2015] 2 SLR 195
- [2016] SGHC 44
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for the Wife
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce Litigation
- Family Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the principle that the power to divide matrimonial assets is exercised in broad strokes, determining what is just and equitable in each case and emphasizing mutual respect for spousal contributions. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the broad brush approach in division of assets and that the court's sense of justice is important. |
| NK v NL | Unknown | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the ideology of marriage as an equal co-operative partnership of efforts, according equal recognition to spousal contributions. |
| ARY v ARX and another appeal | Court of Appeal | Yes | [2016] 2 SLR 686 | Singapore | Cited for the principle that the date of the interim judgment of divorce ought to be taken as a starting point for identifying the pool of matrimonial assets. |
| BGT v BGU | High Court | Yes | [2013] SGHC 50 | Singapore | Cited regarding whether a property transformed into a matrimonial asset retained that character after the family moved out and used the property as an investment. |
| TNC v TND | Unknown | Yes | [2016] 3 SLR 1172 | Singapore | Cited for treating a pre-marriage property in which the parties resided for at least 15 months as a matrimonial asset but treating it differently when deciding on the proportions of division. |
| Koh Bee Choo v Choo Chai Huah | Singapore Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited for the principle that the law imposes on parties a duty of full and frank disclosure of their assets, the breach of which entitles the court to draw inferences adverse to the party in breach. |
| Chan Tin Sun v Fong Quay Sim | Unknown | Yes | [2015] 2 SLR 195 | Singapore | Cited for the principle that the law imposes on parties a duty of full and frank disclosure of their assets, the breach of which entitles the court to draw inferences adverse to the party in breach. |
| AZZ v BAA | High Court | Yes | [2016] SGHC 44 | Singapore | Cited for the principle that a prima facie case of concealment ought to be shown in order for an adverse inference to be drawn. |
| JBB v JBA | Unknown | Yes | [2015] 5 SLR 153 | Singapore | Cited for the notion of “no-fault” divorce was first introduced with the amendment to the Women’s Charter in 1980, and has since been repeatedly affirmed by our courts. |
| Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent) | Unknown | Yes | [2006] 4 SLR(R) 605 | Singapore | Cited as a ballpark indication of the ultimate division proportions for a marriage of this length and where parties had no children to the marriage. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112 of the Women’s Charter | Singapore |
| s 113 of the Women’s Charter | Singapore |
| s 95(3)(b) of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Interim Judgment
- Ancillary Matters
- Direct Contributions
- Indirect Contributions
- Adverse Inference
- Broad Brush Approach
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 90 |
| Maintenance | 85 |
| Maintenance (Wife) | 80 |
| Contract Law | 10 |
| Civil Procedure | 5 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance