UTL v UTM: Division of Matrimonial Assets, Wife & Children Maintenance Post-Divorce

In the Family Justice Courts of Singapore, the case of UTL (Husband) v UTM (Wife) involved a divorce initiated by the Husband based on the Wife's unreasonable behavior, with a counterclaim by the Wife on similar grounds. The Interim Judgment was granted in November 2015 on the Wife’s counterclaim. The court addressed ancillary matters including the division of matrimonial assets valued at $10,209,837.10, maintenance for the Wife, and maintenance for the two children. The court ordered a division of assets with 40.73% to the Wife and 59.27% to the Husband, denied maintenance for the Wife, and mandated monthly maintenance payments for the children.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Division of matrimonial assets ordered; no maintenance for the wife; monthly maintenance ordered for the children.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case concerning the division of matrimonial assets and maintenance for the wife and children following a divorce due to unreasonable behavior.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UTLPlaintiffIndividualPartialPartial
UTMDefendantIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Tan Puay BoonJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Gill Carrie KaurEversheds Harry Elias LLP
Yap Ying Jie ClementEversheds Harry Elias LLP
Tan Xin Er, SylvieB T Tan & Company

4. Facts

  1. The Husband and Wife were married in June 1992 and separated in November 2014.
  2. The Husband filed for divorce in February 2015 based on the Wife’s unreasonable behavior.
  3. The Wife counterclaimed for divorce based on the Husband’s unreasonable behavior.
  4. The Interim Judgment was granted in November 2015 on the Wife’s counterclaim.
  5. The Husband worked in China for several years, while the Wife was a homemaker.
  6. The Wife and children moved back to Singapore in August 2015.
  7. The Husband has been unemployed since December 2017.

5. Formal Citations

  1. UTL v UTM, HCF/Divorce (Transferred) No 712 of 2015, [2019] SGHCF 10

6. Timeline

DateEvent
Marriage solemnized in Singapore
Marriage broke down; Parties began to live separately
Husband filed for divorce
Wife and children returned to Singapore
Interim Judgment granted on Wife’s counterclaim
Parties agreed not to dispute or include two children bank accounts into the pool of matrimonial assets
Access arrangements varied by consent
Joint Summary of Relevant Information updated
Joint List of Assets listed in EXCEL spreadsheet and Other Disputed Assets updated
Parties signed a Joint Summary of Relevant Information
Ancillary matters hearing
Judgment reserved
Monthly maintenance for the daughter and son with effect from this date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered the division of matrimonial assets based on a ratio of 40.73:59.27 between the Wife and the Husband.
    • Category: Substantive
    • Related Cases:
      • [2007] 3 SLR 743
      • [2015] 4 SLR 1043
      • [2016] 3 SLR 1137
  2. Maintenance of Wife
    • Outcome: The court did not order maintenance for the Wife.
    • Category: Substantive
    • Related Cases:
      • [2004] SLR(R) 376
      • [2007] 3 SLR(R) 233
      • [2015] SGHCF 13
      • [2017] SGHCF 4
      • [2017] SGHCF 25
      • [2016] SGHCF
  3. Maintenance of Children
    • Outcome: The court ordered the Husband to pay monthly maintenance for the daughter and the son.
    • Category: Substantive
    • Related Cases:
      • [2015] 4 SLR 59

8. Remedies Sought

  1. Dissolution of marriage
  2. Division of matrimonial assets
  3. Maintenance for the Wife
  4. Maintenance for the children
  5. Costs of the ancillary matters hearing

9. Cause of Actions

  • Divorce based on unreasonable behaviour

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division
  • Child Support
  • Spousal Maintenance

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
NK v NLHigh CourtYes[2007] 3 SLR 743SingaporeCited for the global assessment methodology in dividing matrimonial assets.
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for the structured approach to dividing matrimonial assets.
TIT v TIUHigh CourtYes[2016] 3 SLR 1137SingaporeCited for summarizing the structured approach laid out by the Court of Appeal in ANJ v ANK.
Chan Tin Sun v Fong Quay SimHigh CourtYes[2015] 2 SLR 195SingaporeCited regarding the no-fault basis of divorce within the Women’s Charter.
Tan Sue-Ann Melissa v Lim Siang Bok DennisHigh CourtYes[2004] SLR(R) 376SingaporeCited for the imposition of a legal obligation on a husband to maintain a former wife.
BG v BFHigh CourtYes[2007] 3 SLR(R) 233SingaporeCited for the manner that is supplementary to the power to divide matrimonial assets.
AYM v AYL and another AppealHigh CourtYes[2014] 4 SLR 559SingaporeCited for the situations where a lump sum payment may be appropriate.
TBC v TBDHigh CourtYes[2015] 4 SLR 59SingaporeCited for the duty to maintain a child should generally be jointly borne by the parents.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353)Singapore
Section 112 of the Women’s Charter (Cap 353)Singapore
Section 114(1) of the Women’s CharterSingapore
Section 114(2) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Division of assets
  • Maintenance
  • Unreasonable behaviour
  • Interim Judgment
  • Direct contributions
  • Indirect contributions
  • Global assessment methodology

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • children
  • family law
  • singapore

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Divorce90
Division of Matrimonial Assets90
Maintenance of Wife85
Maintenance85
Maintenance of children80
Child Support80
Child Custody75

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance