UJF v UJG: Division of Matrimonial Assets After Short Marriage
In the divorce proceedings between UJF (Wife) and UJG (Husband) in the Family Justice Courts of the Republic of Singapore, the court addressed the division of matrimonial assets following a relatively short marriage. The court considered the direct and indirect contributions of both parties, the length of the marriage, and the nature of the assets. The court ordered a division of the matrimonial assets, allocating 60% to the Husband and 40% to the Wife, and dismissed the Wife's claim for maintenance.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
Division of matrimonial assets ordered, with 60% to the Husband and 40% to the Wife. Wife's claim for maintenance dismissed.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Division of matrimonial assets after a short marriage. The court considered direct and indirect contributions to determine a just and equitable division.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Aedit Abdullah | Judge | Yes |
4. Counsels
4. Facts
- The parties cohabited for about ten years before marrying.
- The marriage lasted just under four years.
- The Husband was about 70 years old and the Wife was about 51 years old at the time of the proceedings.
- The Husband had been married twice before and has four children from those marriages.
- The Wife has three children from a previous marriage.
- The Wife was involved in various businesses run by the Husband.
- Various properties were purchased by the Wife before and during the marriage.
- The Husband commenced a civil claim alleging beneficial interest in the properties purchased by the Wife, which was later discontinued.
5. Formal Citations
- UJF v UJG, Divorce (Transferred) No 1342 of 2013, [2018] SGHCF 1
6. Timeline
Date | Event |
---|---|
Parties married | |
Statement of Particulars (Divorce) (Amendment No. 1) filed | |
Interim judgment granted | |
Husband’s Core Bundle of Documents filed | |
Hearing commenced | |
Hearing continued | |
Certified Transcript date | |
Hearing continued | |
Wife’s Written Submissions for Division dated | |
Hearing continued | |
Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the division of matrimonial assets based on a ratio of 60% to the Husband and 40% to the Wife, considering direct and indirect contributions.
- Category: Substantive
- Sub-Issues:
- Direct contributions
- Indirect contributions
- Valuation of assets
- Classification of assets
- Maintenance for Former Wife
- Outcome: The court dismissed the Wife's claim for maintenance, considering the significant pool of matrimonial assets awarded to her and the short duration of the marriage.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for the Wife
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Claim for Maintenance
10. Practice Areas
- Divorce
- Family Law
- Asset Division
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 as the controlling authority on the structured approach to the determination of division of matrimonial assets. |
TNL v TNK and another appeal and another matter | Court of Appeal | Yes | [2017] 1 SLR 609 | Singapore | Cited for clarifying that the approach in ANJ v ANK should not be applied to marriages where only one spouse earns income. |
NK v NL | Unknown | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the classification methodology in determining the respective contributions and divide the various properties into separate categories. |
TNC v TND | Unknown | Yes | [2016] 3 SLR 1172 | Singapore | Cited for the approach that in respect of assets acquired pre-marriage which have been improved, it is only the increase in value from improvement that is subject to division. |
BHN v BHO | High Court | Yes | [2013] SGHC 91 | Singapore | Cited for the principle that assets acquired by payments and contributions after marriage count as acquisition and are part of the matrimonial pool. |
THL v THM | High Court | Yes | [2015] SGHCF 11 | Singapore | Cited for the principle that assets acquired by payments and contributions after marriage count as acquisition and are part of the matrimonial pool. |
Ting Siew May v Boon Lay Choo and another | Court of Appeal | Yes | [2014] 3 SLR 609 | Singapore | Cited for the proposition that where a contract is entered into with the object of committing an illegal act, the response would be proportionate to the illegality. |
Ochroid Trading Ltd and another v Chua Siok Lui (trading as VIE Import & Export) and another | Court of Appeal | Yes | [2018] SGCA 5 | Singapore | Cited for the principle that the proportionality analysis is only relevant where the contract is not unlawful per se but entered into with the object of committing an illegal act. |
Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited for the law on drawing adverse inferences. |
Koh Bee Choo v Choo Chai Huah | Singapore Court of Appeal | Yes | [2007] SGCA 21 | Singapore | Cited for the requirements to draw an adverse inference. |
TDT v TDS and another appeal and another matter | Unknown | Yes | [2016] 4 SLR 145 | Singapore | Cited for the wife's contributions towards the husband's work. |
ATE v ATD | Singapore Court of Appeal | Yes | [2016] SGCA 2 | Singapore | Cited for the principle that the court’s power to order maintenance is supplementary to its power to divide matrimonial assets. |
Ong Boon Huat Samuel v Chan Mei Lan Kristine | Unknown | Yes | [2007] 2 SLR(R) 729 | Singapore | Cited for the principle that indirect contributions usually play a de minimis role in short, childless marriages. |
Yeo Chong Lin v Tay Ang Choo Nancy | Unknown | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that if the pool of assets available for division is extraordinarily large and all of that was accrued by one party’s exceptional efforts, direct contributions are likely to command greater weight as against indirect contributions. |
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 112(10)(a)(i) of the Women’s Charter | Singapore |
s 112(10)(a)(ii) of the Women’s Charter | Singapore |
s 112(10)(b) of the Women’s Charter | Singapore |
s 112(2)(f) of the Women’s Charter | Singapore |
s 114(2) of the Women’s Charter | Singapore |
s 114(1) of the Women’s Charter | Singapore |
s 116(g) of the Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
s 340(1) of the Companies Act (Cap 50, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Direct contributions
- Indirect contributions
- Funds Pool
- Matrimonial home
- Division of property
- Women's Charter
- Civil Claim
- Businesses
- CPF moneys
15.2 Keywords
- Divorce
- Matrimonial Assets
- Division of Assets
- Family Law
- Singapore
- Maintenance
- Property
- Financial Contributions
17. Areas of Law
Area Name | Relevance Score |
---|---|
Family Law | 95 |
Matrimonial Assets | 95 |
Divorce | 90 |
Maintenance | 90 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Division of Assets
- Maintenance