TYY v TYZ: Division of Matrimonial Assets in Divorce After 24 Years
In TYY v TYZ, the Family Justice Courts of Singapore addressed the division of matrimonial assets following a divorce. The court, presided over by Judicial Commissioner Foo Tuat Yien, ordered a 62:38 split of the $8,771,414 matrimonial assets in favor of the Wife, considering both direct financial contributions and indirect contributions to the family's welfare. The Wife was to take over the Husband's interest in the matrimonial home upon paying him 58.6% of its value, after deductions for his assets and CPF refunds. The court considered the length of the marriage, the parties' financial contributions, and their roles in caring for their sons.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Matrimonial assets divided 62% to Wife and 38% to Husband.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court judgment on the division of matrimonial assets in a divorce case, focusing on financial and non-financial contributions after a 24-year marriage.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Foo Tuat Yien | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Loo Choon Hiaw | Loo & Chong Law Corporation |
| Hui Choon Wai | Wee Swee Teow & Co |
4. Facts
- The parties were married for 24 years and have two adult sons.
- The Wife initiated divorce proceedings based on unreasonable behavior and four years of separation.
- The parties lived in separate rooms from end-2007 but continued to live under one roof.
- The Wife consistently earned more than the Husband during the marriage.
- The Husband operated a home office from 1994 to 2007, which allowed him to care for the sons.
- The Wife traveled frequently for work from 1997.
- The parties renovated the matrimonial home in 2009 and rented out rooms for income.
5. Formal Citations
- TYY v TYZ, Divorce Transfer No 676 of 2013, [2017] SGHCF 6
6. Timeline
| Date | Event |
|---|---|
| Parties married in Singapore | |
| Parties completed the purchase of the matrimonial home | |
| Husband oversaw renovations to the matrimonial home | |
| Husband purchased a country club membership | |
| Elder son was born | |
| Problems arose between the parties | |
| Husband signed a handwritten note declaring country club membership belonged to Wife | |
| Husband signed a handwritten note regarding division of matrimonial home in case of divorce | |
| Husband set up a home office for his architectural practice | |
| Younger son was born | |
| Wife travelled overseas frequently for work | |
| Wife's solicitors sent a Deed of Separation to the Husband | |
| Husband began to travel overseas for work in Vietnam | |
| Wife took legal advice on divorce again | |
| Parties lived in separate rooms from end of 2007 | |
| Wife was retrenched and unemployed | |
| Parties decided to renovate the matrimonial home | |
| Wife bought S. Road property | |
| Wife bought M. Terrace property and interest in A. Gardens property | |
| Renovations were completed and rooms were rented out | |
| Wife bought interest in RC. Road property | |
| Wife filed for divorce | |
| Interim Judgment granted and Husband moved out of the matrimonial home | |
| Orders made for the division of the parties’ matrimonial assets | |
| Grounds of decision issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered a 62:38 split of the matrimonial assets in favor of the Wife, considering both direct and indirect contributions.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Division of Matrimonial Assets
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| AUA v ATZ | Court of Appeal | Yes | [2016] 4 SLR 654 | Singapore | Cited to support the view that the marriage still existed in a meaningful sense as the actions of parties in relation to the assets and their care of their sons were done during the subsistence of the marriage. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the approach to dividing matrimonial assets, considering direct and indirect contributions. |
| BCB v BCC | Court of Appeal | Yes | [2013] 2 SLR 324 | Singapore | Cited for the principle of gender-neutrality in the division of matrimonial assets. |
| Tan Su Fern v Lui Hai San alias Lei Haishan | Singapore District Court | Yes | [2006] SGDC 159 | Singapore | Cited to support the view that rent-free occupation of the matrimonial home remains a relevant factor regardless of whether one party was forcibly excluded from the matrimonial home or not. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Direct Financial Contribution
- Indirect Contribution
- Matrimonial Home
- Division of Assets
- Gender-Neutrality
15.2 Keywords
- Divorce
- Matrimonial Assets
- Singapore
- Family Law
- Division of Assets
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Division of Assets | 95 |
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Divorce | 90 |
| Maintenance | 50 |
| Contract Law | 30 |
| Extension of moratoria | 10 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Property