TYS v TYT: Division of Matrimonial Assets & Wife/Child Maintenance
In the divorce case of *TYS v TYT*, the Family Justice Courts of Singapore heard ancillary matters concerning the division of matrimonial assets and maintenance for the wife and child. The court, presided over by Valerie Thean JC, ordered the transfer of the Balmoral condominium to the wife, with the husband bearing the costs. The court also set monthly maintenance payments for the son and wife. The husband appealed against the orders on asset division and maintenance for the wife and son. The orders made as to custody, care and control and access for the son are not the subject of appeal.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Orders made regarding asset division and maintenance for the wife and son.
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 and maintenance for wife and child. The court ordered transfer of the Balmoral condominium to the wife.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Valerie Thean | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Soo Chih | Ho Wong Law Practice LLC |
| Michael Moey Chin Woon | M/s Moey & Yuen |
4. Facts
- The parties married on 30 January 1996 and have a son who is on the autism spectrum.
- The Husband worked as a corporate banker and later as CEO of [A] Inc in the US.
- The Wife worked as a flight stewardess until 2004 and then became a housewife.
- The Husband filed for divorce in Singapore on 26 December 2012 based on four years of separation.
- The Wife claimed the Husband failed to account for significant sums of money.
- The Husband claimed the Wife failed to account for withdrawals from her bank accounts.
- The Balmoral condominium was a key asset in dispute.
5. Formal Citations
- TYS v TYT, Divorce Transfer No 6222 of 2012, [2017] SGHCF 7
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Wife stopped working as a flight stewardess | |
| Parties began living separately | |
| Husband relocated to the US | |
| Husband filed for divorce | |
| Interim judgment granted | |
| Oral judgment given on ancillary matters |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the pool of matrimonial assets and ordered the transfer of the Balmoral condominium to the Wife.
- Category: Substantive
- Related Cases:
- [2015] 4 SLR 1043
- Maintenance for Wife
- Outcome: The court ordered the Husband to pay the Wife monthly maintenance of $4,000.
- Category: Substantive
- Maintenance for Child
- Outcome: The court ordered the Husband to pay the Wife $2,000 per month for the son's maintenance.
- Category: Substantive
- Adverse Inference
- Outcome: The court drew an adverse inference against the Husband due to unexplained expenditure and non-disclosure of assets.
- Category: Procedural
- Related Cases:
- [2007] SGCA 21
- [2015] 2 SLR 195
- [2012] 3 SLR 402
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Wife
- Maintenance for Child
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Asset Division
- Child Custody
- Maintenance
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ARY v ARX | Court of Appeal | Yes | [2016] 2 SLR 686 | Singapore | Cited for guidance on selecting the appropriate operative date for determining matrimonial assets. |
| Koh Bee Choo v Choo Chai Huah | Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited for the requirements to draw an adverse inference. |
| Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the requirements to draw an adverse inference. |
| Chan Yuen Boey v Sia Hee Soon | Court of Appeal | Yes | [2012] 3 SLR 402 | Singapore | Cited for the means by which an adverse inference may be given effect. |
| AZZ v BAA | High Court | Yes | [2016] SGHC 44 | Singapore | Cited regarding adverse inferences. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach to work out a just and equitable 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 work out a just and equitable division of matrimonial assets. |
| NK v NL | Court of Appeal | Yes | [2007] 3 SLR 743 | Singapore | Cited for the approach to make a “rough and ready approximation” based on the evidence before it. |
| AVM v AWH | High Court | Yes | [2015] SGHC 194 | Singapore | Cited for the relevance of in-vitro fertilization treatment to indirect contribution. |
| Au Kin Chung v Ho Kit Joo | High Court | Yes | [2007] SGHC 150 | Singapore | Cited for the uplift approach to address the adverse inference. |
| Chan Pui Yin v Lim Tiong Kei | Court of Appeal | Yes | [2011] 4 SLR 875 | Singapore | Cited for the uplift approach to address the adverse inference. |
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
- Interim Judgment Date
- Adverse Inference
- Direct Contribution
- Indirect Contribution
- Balmoral Condominium
- Maintenance
- Autism Spectrum
- Uplift Approach
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- child
- wife
- Singapore
- family law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 90 |
| Maintenance | 85 |
| Maintenance (Child) | 80 |
| Maintenance (Wife) | 80 |
| Division of Assets | 75 |
| Child Welfare | 60 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance