TZG v TZH: Division of Matrimonial Assets in Divorce - Dental Practice & Women's Charter

In the Family Justice Courts of Singapore, Judicial Commissioner Foo Tuat Yien delivered a judgment in the divorce case of TZG (Wife) and TZH (Husband) concerning the division of matrimonial assets under the Women’s Charter. The primary issue was the division of a dental practice owned by both parties, along with other assets. The court ordered a division of the matrimonial assets (excluding the dental practice) at 55.65% for the Wife and 44.35% for the Husband. The dental practice was to be divided 55% to the Wife and 45% to the Husband. The Husband appealed against the orders on the division of assets.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Orders made for division of matrimonial assets, including the dental practice, with specific ratios favoring the Wife. Husband's appeal against these orders was considered.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court judgment on division of matrimonial assets, including a dental practice, under the Women's Charter in a divorce case.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TZGPlaintiffIndividualDivision of matrimonial assets in her favorPartial
TZHDefendantIndividualDivision of matrimonial assets in his favorPartial

3. Judges

Judge NameTitleDelivered Judgment
Foo Tuat YienJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Carrie GillHarry Elias Partnership LLP
Shaun Ho Jin KitHarry Elias Partnership LLP
Johnson Loo Teck LeeDrew & Napier LLC

4. Facts

  1. The Husband and Wife were dentists who ran their own dental practice through two companies.
  2. The parties were equal shareholders in Company No 1, of which Company No 2 was a wholly owned subsidiary.
  3. The parties have a son aged nine.
  4. The matrimonial pool amounted to a total of $3,472,564, excluding the Dental Practice.
  5. The Wife stopped work for about a year in 2007 to 2008 to care for the son.
  6. The Husband is the Clinical Director of the Dental Practice while the Wife is the Administrative Director.
  7. The parties married in 2004 and separated in 2012.

5. Formal Citations

  1. TZG v TZH, Divorce Transfer No 3837 of 2012, [2017] SGHCF 9

6. Timeline

DateEvent
Parties graduated from dental school.
Parties worked in private practice.
Parties married in Singapore.
Son was born.
Wife stopped work for more than a year to take care of the son.
Company No 1 in the Dental Practice was incorporated.
Dental clinic started operations.
Husband worked full time with the Dental Practice.
Wife moved out of Flat H into the matrimonial home at KL Road.
Wife's counsel sent a proposal and a draft Deed of Separation to the Husband.
Wife initiated divorce.
Husband filed a defence and counterclaim.
Parties amended the particulars of their claim.
Parties amended the particulars of their counterclaim.
Interim judgment for divorce was granted.
Access was to be in accordance with the Consent Order.
Hearing date.
Hearing date.
Hearing date.
Hearing date.
Hearing date.
Orders made for the division of matrimonial assets.
Hearing date.

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the division of matrimonial assets in a ratio of 55.65:44.35 in favor of the Wife, excluding the Dental Practice. The Dental Practice was divided 55:45 in favor of the Wife.
    • Category: Substantive
  2. Valuation and Division of Dental Practice
    • Outcome: The court ordered the Dental Practice to be divided in the ratio of 55:45 in favor of the Wife, with specific logistical orders for the sale or buyout of shares.
    • Category: Substantive
  3. Direct Financial Contribution to Matrimonial Assets
    • Outcome: The court determined the direct financial contributions of each party to the matrimonial home and other assets, including shares and a car.
    • Category: Substantive
  4. Indirect Contribution to Matrimonial Assets
    • Outcome: The court assessed the indirect contributions of each party, including non-financial contributions like childcare and financial contributions to household expenses, ultimately attributing a 60:40 ratio in favor of the Wife.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for the Wife
  3. Maintenance for the Son

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • Healthcare
  • Dental

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Dental Practice
  • Direct Financial Contribution
  • Indirect Contribution
  • Clinical Director
  • Administrative Director
  • Matrimonial Home
  • Division Ratio

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Dental Practice
  • Singapore
  • Family Law
  • Asset Division
  • Women's Charter

17. Areas of Law

Area NameRelevance Score
Family Law95
Division of Assets95
Matrimonial Assets95
Maintenance50
Child Custody30
Child Support30
Contract Law10
Corporate Law10

16. Subjects

  • Family Law
  • Divorce
  • Asset Division
  • Dental Practice Valuation