UEQ v UEP: Division of Matrimonial Assets - Treatment of Gifts under Women's Charter

In UEQ v UEP, the Court of Appeal of Singapore heard an appeal regarding the division of matrimonial assets following a divorce. The key legal issue was whether contributions made by one spouse to an asset before it was gifted to the other spouse could be considered when determining if the gift should be included in the pool of matrimonial assets under Section 112(10)(b) of the Women’s Charter. The court held that such past contributions should not be taken into account. The appeal was allowed only on this point, with the wife ordered to refund a portion of the previously awarded sum.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal Allowed in Part

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore Court of Appeal judgment on whether pre-gift contributions can be considered for matrimonial asset division under the Women's Charter. Appeal allowed in part.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UEQAppellantIndividualAppeal Allowed in PartPartialLim Chee San
UEPRespondentIndividualAppeal Dismissed in PartLostHaridas Vasantha Devi, Lee Geck Hoon Ellen

3. Judges

Judge NameTitleDelivered Judgment
Steven ChongJudge of AppealYes
Belinda Ang Saw EanJudgeNo
Quentin LohJudgeNo

4. Counsels

Counsel NameOrganization
Lim Chee SanTanLim Partnership
Haridas Vasantha DeviBelinda Ang Tang & Partners
Lee Geck Hoon EllenBelinda Ang Tang & Partners

4. Facts

  1. The parties were married in May 2003 and divorced after 12.5 years.
  2. The wife filed for divorce in November 2015 based on the husband’s unreasonable behaviour.
  3. The husband received 20,000 shares in the Supermarket before the marriage in 1999.
  4. The husband received 60,000 shares in the Supermarket during the marriage in November 2012.
  5. The wife worked for the Supermarket until November 2012.
  6. The 60,000 shares were gifted to the Husband by his father.

5. Formal Citations

  1. UEQ v UEP, Civil Appeal No 149 of 2018, [2019] SGCA 45

6. Timeline

DateEvent
Parties married
Wife stopped working for the Supermarket
Husband received 60,000 shares as gift
Wife filed for divorce
Interim judgment granted
Civil Appeal No 149 of 2018
Judgment date
Grounds of decision

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court held that contributions made by one spouse to an asset before it was gifted to the other spouse should not be considered when determining if the gift should be included in the pool of matrimonial assets.
    • Category: Substantive
    • Sub-Issues:
      • Inclusion of gifts in matrimonial assets
      • Substantial improvement of gifts by non-recipient spouse

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent)High CourtYes[2006] 4 SLR(R) 605SingaporeCited for the principle that the intention of the donor should be considered when determining whether a gift should be included in the matrimonial pool.

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
  • Gifts
  • Division of assets
  • Women’s Charter
  • Substantial improvement

15.2 Keywords

  • matrimonial assets
  • gifts
  • division of assets
  • family law
  • divorce
  • singapore
  • women's charter

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets

17. Areas of Law

  • Family Law
  • Matrimonial Assets
  • Division of Matrimonial Assets