UWL v. UWM: Division of Matrimonial Assets and Wife's Maintenance in Divorce

In the case of UWL v. UWM, before the Family Justice Courts of Singapore, Judicial Commissioner Tan Puay Boon addressed the division of matrimonial assets and the wife's maintenance following a divorce. The court identified the date of separation as the key point for asset valuation, deviating from the interim judgment date due to the wife's relocation to China. The court ordered a division of assets, including real properties and various accounts, and determined that the wife was not entitled to maintenance, considering her earning capacity and the failure of her post-separation business ventures.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Orders made for division of matrimonial assets; wife not entitled to maintenance.

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 the wife's maintenance following a divorce, focusing on asset valuation and contributions.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UWMDefendantIndividualDivision of Matrimonial AssetsPartial
UWLPlaintiffIndividualDivision of Matrimonial AssetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Tan Puay BoonJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Tan-Goh Song Gek AliceA C Fergusson Law Corporation
Cheng Hiu Lam LarisaHo Wong Law Practice LLC
Wong Soo ChihHo Wong Law Practice LLC

4. Facts

  1. The parties were married in China on 9 August 2002 and have no children.
  2. The wife was living in Singapore at the time of the marriage, and the husband moved to Singapore in October 2003.
  3. The husband is a doctor earning at least $23,000 a month.
  4. The wife was employed as a senior IT manager until she resigned in October 2012 to start businesses in China.
  5. The husband left the matrimonial home on 20 March 2013, and the parties have been living separately since 21 March 2013.
  6. The wife moved to China in the later part of 2013 and spent most of her time there until the husband filed for divorce in May 2017.
  7. The parties were married for 10 years when they separated and 15 years when the interim judgment was granted.

5. Formal Citations

  1. UWL v UWM, Divorce (Transferred) No 2254 of 2017, [2019] SGHCF 17

6. Timeline

DateEvent
Parties married in China
Husband moved from China to Singapore
Husband left the matrimonial home
Parties separated
Wife left for China
Husband filed for divorce
Interim judgment granted
Joint summary of relevant information updated
Hearing
Hearing
Valuation of the Marina property
Hearing
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the date of separation as the relevant date for identifying matrimonial assets and divided the assets based on the parties' direct and indirect contributions.
    • Category: Substantive
    • Sub-Issues:
      • Valuation date of assets
      • Identification of assets
      • Direct financial contributions
      • Indirect contributions
  2. Maintenance of Wife
    • Outcome: The court denied the wife's claim for maintenance, considering her earning capacity and the fact that her business ventures were undertaken after the date of separation.
    • Category: Substantive
    • Sub-Issues:
      • Earning capacity of wife
      • Wife's business ventures
      • Standard of living during marriage
  3. Dissipation of Assets
    • Outcome: The court declined to draw an adverse inference against the husband regarding alleged dissipation of assets, as his earnings after the date of separation did not form part of the matrimonial assets.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for the Wife
  3. Costs of the Ancillary Matters Hearing

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the methodologies used in the division of matrimonial assets, specifically the global assessment and classification methodologies.
TND v TNC and another appealCourt of AppealYes[2017] SGCA 34SingaporeCited for the principle that assets should be valued at the date of the ancillary matters hearing.
ARY v ARX and another appealCourt of AppealYes[2016] 2 SLR 686SingaporeCited for the principle that the interim judgment date is the default date for identifying assets, but the court has discretion to depart from that date.
AJR v AJSN/AYes[2010] 4 SLR 617SingaporeCited for the principle that the interim judgment puts an end to the marriage contract and indicates that the parties no longer intend to participate in the joint accumulation of matrimonial assets.
BRL v BRMCourt of AppealYesCivil Appeal No 77 of 2018SingaporeCited as support for identifying assets at the date of separation when the wife moved to China, effectively ending the marital relationship.
UBD v UBEHigh Court (Family Division)Yes[2017] SGHCF 14SingaporeCited for departing from the general rule of valuing matrimonial assets at the date of the ancillary matters hearing because the parties had lived separate and independent lives for six years before the divorce.
UAP v UAQHigh CourtYes[2018] 3 SLR 319SingaporeCited for declining to take into account liabilities incurred after the interim judgment date.
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for the structured approach to dividing matrimonial assets, involving direct and indirect contributions.
TIT v TIUN/AYes[2016] 3 SLR 1137SingaporeCited for summarizing the structured approach laid out in ANJ v ANK for dividing matrimonial assets.
AUA v ATZCourt of AppealYes[2016] 4 SLR 674SingaporeCited for the principle that the court should consider contributions up until the date the marriage ceased to exist in any meaningful sense.
AQT v AQUHigh CourtYes[2011] SGHC 138SingaporeCited for the principle that legal fees for matrimonial proceedings should not be deducted from the pool of matrimonial assets.
Foo Ah Yan v Chiam Heng ChowCourt of AppealYes[2012] 2 SLR 506SingaporeCited for the principle of financial preservation in determining maintenance for former spouses.
ATE v ATD and another appealCourt of AppealYes[2016] SGCA 2SingaporeCited for the principle that a maintenance order should not compensate for the vicissitudes of life.

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
  • Date of Separation
  • Interim Judgment
  • Direct Contributions
  • Indirect Contributions
  • Dissipation of Assets
  • Maintenance
  • Classification Methodology
  • River Valley Property
  • Marina Property

15.2 Keywords

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

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Maintenance85
Divorce80
Civil Procedure30
Costs20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance