UTQ v UTR: Divorce, Division of Matrimonial Assets, and Wife Maintenance

In the divorce case of *UTQ v UTR*, the Family Justice Courts of Singapore addressed ancillary matters including the division of matrimonial assets and maintenance for the wife. The court granted an interim judgment on October 4, 2016, and subsequently determined the division of assets based on direct and indirect contributions, resulting in a 50:50 split. The court also ordered the Husband to pay the Wife a lump sum maintenance of $60,000.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Orders made for division of matrimonial assets and lump sum maintenance payment to the Wife.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets and maintenance for the wife. The court determined the division of assets and ordered lump sum maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UTQPlaintiffIndividualDivision of Matrimonial AssetsPartial
UTRDefendantIndividualDivision of Matrimonial AssetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Tan Puay BoonJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Kalpanath Singh RinaKalco Law LLC
Andrea LimKalco Law LLC
Suchitra A/P RagupathyDentons Rodyk & Davidson LLP

4. Facts

  1. The Parties were married in November 1985 and have three adult sons.
  2. The Wife is 59 years old and works as a research assistant, earning approximately $5,697.20 per month.
  3. The Husband is 57 years old and holds a senior position in a telecommunications company, earning approximately $20,179.75 per month.
  4. The Parties own a HDB flat in Bishan, a condominium unit near Farrer Park, and another condominium unit in Pasir Panjang.
  5. The Husband moved out of the Bishan Property in January 2015 to live in the Pasir Panjang Property.
  6. The Wife filed a writ of divorce in May 2016.
  7. Interim judgment was granted on 4 October 2016 on the ground that the Husband had behaved in such a way that she could not reasonably be expected to live with him.

5. Formal Citations

  1. UTQ v UTR, HCF/Divorce (Transferred) No 2483 of 2016, [2019] SGHCF 13

6. Timeline

DateEvent
Parties married
Farrer Park Property purchased
Pasir Panjang Property purchased
Husband moved out to live in the Pasir Panjang Property
Wife filed a writ of divorce
Interim judgment granted
Car sold
Wife’s written submissions
Husband’s written submissions
Husband’s Reply Submissions
Hearing
Ancillary matters hearing
Joint Summary of Relevant Information (Amendment No 3)
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the division of matrimonial assets based on a 50:50 split, considering both direct and indirect contributions of the parties.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct contributions
      • Indirect contributions
      • Apportionment of assets
  2. Maintenance for Wife
    • Outcome: The court ordered the Husband to pay the Wife a lump sum maintenance of $60,000.
    • Category: Substantive
    • Sub-Issues:
      • Financial needs of the wife
      • Earning capacity of the husband
      • Standard of living during marriage

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Costs

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Assets Division
  • Spousal Maintenance

11. Industries

  • Telecommunications

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
TNC v TNDSingapore Law ReportsYes[2016] 3 SLR 1172SingaporeCited for the principle that the classification method is appropriate only in circumstances where there are multiple classes of assets, and some assets are not wholly the gains of the co-operative partnership of efforts that the marriage represents.
NK v NLSingapore Law Reports (Reissue)Yes[2007] 3 SLR(R) 743SingaporeCited for the global assessment methodology, which involves the identification, assessment, division and apportionment of the matrimonial assets.
ARY v ARX and another appealSingapore Law ReportsYes[2016] 2 SLR 686SingaporeCited for the principle that the starting position for the identification of matrimonial assets is the date that the interim judgment is granted.
TND v TNC and another appealSingapore Court of AppealYes[2017] SGCA 34SingaporeCited for the principle that the valuation of matrimonial assets is the date of the ancillary matters hearing.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealSingapore Law ReportsYes[2011] 2 SLR 1157SingaporeCited for the principle that the valuation closest to the date of the ancillary matters hearing should be adopted.
Shi Fang v Koh Pee HuatSingapore Law Reports (Reissue)Yes[1996] 1 SLR(R) 906SingaporeCited for the principle that a presumption of resulting trust arises in favour of the party who makes a voluntary payment towards a property.
Lau Siew Kim v Yeo Guan Chye Terence and anotherSingapore Law Reports (Reissue)Yes[2008] 2 SLR(R) 108SingaporeCited for the principle that a presumption of advancement operates within a parent-child relationship.
Ang Teng Siong v Lee Su MinSingapore Law Reports (Reissue)Yes[2000] 1 SLR(R) 908SingaporeCited to distinguish that the presumption that a parent’s contribution towards the purchase of his or her child’s matrimonial home is presumed to be a gift for the benefit of both the husband and wife is not applicable to this case as the Pasir Panjang Property is not a matrimonial home, but an investment property.
Beh Chin Joo and another v Chu Kar Hwa LeonardSingapore High CourtYes[2018] SGHC 17SingaporeCited to distinguish that the presumption that a parent’s contribution towards the purchase of his or her child’s matrimonial home is presumed to be a gift for the benefit of both the husband and wife is not applicable to this case as the Pasir Panjang Property is not a matrimonial home, but an investment property.
ARL v ARMSingapore High CourtYes[2015] SGHC 61SingaporeCited for the principle that it is appropriate to take into account the Defendant’s direct financial contribution made up to the point of the hearing.
ANJ v ANKSingapore Law ReportsYes[2015] 4 SLR 1043SingaporeCited for the structured approach in dividing matrimonial assets.
TIT v TIU and another appealSingapore Law ReportsYes[2016] 3 SLR 1137SingaporeCited for the structured approach in dividing matrimonial assets.
Pang Rosaline v Chan Kong ChinSingapore Law Reports (Reissue)Yes[2009] 4 SLR(R) 935SingaporeCited for the principle that the Wife took on a managerial role in ensuring the smooth running of the household.
UAP v UAQSingapore Law ReportsYes[2018] 3 SLR 319SingaporeCited for the principle that the Wife’s indirect non-financial contributions were significant.
TPY v TPZ and another appealSingapore High Court (Family Division)Yes[2017] SGHCF 2SingaporeCited as a dual-income long marriage case.
UTJ v UTKSingapore High Court (Family Division)Yes[2019] SGHCF 6SingaporeCited as a dual-income long marriage case.
UNE v UNFSingapore High Court (Family Division)Yes[2018] SGHCF 12SingaporeCited as a dual-income long marriage case.
UBM v UBNSingapore Law ReportsYes[2017] 4 SLR 921SingaporeCited for the principle that in a very long marriage where extensive marital co-operation, mutual emotional support and joint parenting have been carried out, an adjustment to the final ratio ought to be made to reflect this circumstance.
Foo Ah Yan v Chiam Heng ChowSingapore Law ReportsYes[2012] 2 SLR 506SingaporeCited for the principle that the overarching principle embodied in s 114(2) of the Act is that of financial preservation, which requires the wife to be maintained at a standard, which is, to a reasonable extent, commensurate with the standard of living she had enjoyed during the marriage.
BG v BFSingapore Law Reports (Reissue)Yes[2007] 3 SLR(R) 233SingaporeCited for the principle that maintenance plays only a supplementary role to an order for division of matrimonial assets.
ATE v ATD and another appealSingapore Court of AppealYes[2016] SGCA 2SingaporeCited for the principle that the court will take into account the Wife’s share of the matrimonial assets upon division before deriving at an appropriate maintenance sum.

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
  • Direct contributions
  • Indirect contributions
  • Global assessment method
  • Maintenance
  • Lump sum maintenance
  • Interim judgment
  • Ancillary matters
  • Financial preservation

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Division of Matrimonial Assets90
Matrimonial Assets90
Maintenance85
Maintenance of Wife85

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Spousal Maintenance