UZK v UZL: Division of Matrimonial Assets in Divorce After 18 Years of Marriage
In the divorce case of UZK v UZL, the Family Justice Courts of Singapore addressed the division of matrimonial assets following an 18-year marriage. The court considered the validity and weight of a pre-divorce deed of arrangement, ultimately deciding not to give it conclusive weight but to consider it in the overall division. Applying the classification methodology, the court divided the assets into immovable properties and assets in the parties' sole names, determining the appropriate division ratio based on direct and indirect contributions. The court ordered the sale of three immovable properties and the division of net proceeds, as well as the division of assets held in the parties' sole names. No maintenance was ordered for either party.
1. Case Overview
1.1 Court
High Court (Family Division)1.2 Outcome
Orders made for division of matrimonial assets, including sale of immovable properties and division of assets in sole names.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore court divides matrimonial assets in divorce case UZK v UZL after 18 years of marriage, addressing property division and validity of a pre-divorce deed.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Puay Boon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hing Wei Yuen Angelina | Integro Law Chambers LLC |
| Ng Yu Hui Michelle | Integro Law Chambers LLC |
4. Facts
- The parties were married in the UK in 2000 and filed for divorce in Singapore on 21 July 2017.
- The Wife is a Singapore Citizen, and the Husband is a UK National and Singapore Permanent Resident.
- The parties met at university in 1996.
- The parties entered into a Deed of Arrangement dated 18 January 2017.
- The Wife commenced divorce proceedings on 21 July 2017.
- The Husband contested the divorce, and the IJ was granted on 8 November 2018 after trial.
- The Wife was employed by a financial institution and relocated to Hong Kong in 2005.
5. Formal Citations
- UZK v UZL, , [2019] SGHCF 23
- UZK v UZL, , Divorce (Transferred) No 3368 of 2017
- UZK v UZL, , High Court (Family Division) Summons No 128 of 2019
- UZK v UZL, , Family Court Summons No 2931 of 2017
- UZK v UZL, , Family Court Summons No 4180 of 2018
- UZK v UZL, , Family Court Summons No 890 of 2018
- UZK v UZL, , High Court (Family) Summons No 227 of 2019
6. Timeline
| Date | Event |
|---|---|
| Parties married in the United Kingdom | |
| Divorce proceedings commenced in Singapore | |
| Wife filed Family Court Summons No 890 of 2018 | |
| Family Court held that the Deed is valid and binding between parties for HCF/SUM 890/2018 | |
| Interim judgment granted | |
| Joint Summary of Relevant Information dated | |
| Husband’s written submissions dated | |
| Husband’s Ancillary Matters Affidavit dated | |
| Ancillary matters hearing held | |
| Wife indicated in a letter to the court that she accepted the Husband’s gross valuation of S$1,407,000.00 | |
| Husband applied in HCF/SUM 128/2019 to strike out the IJ | |
| Wife’s written submissions in HCF/SUM 128/2019 dated | |
| Summons dismissed and ordered the Husband to pay costs of S$3,000 to the Wife | |
| Husband filed a further application on 28 August 2019 to stay the present proceedings | |
| Application dismissed | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the appropriate methodology for division, the valuation of assets, and the ratio of division based on direct and indirect contributions, ultimately ordering the sale of immovable properties and the division of net proceeds, as well as the division of assets held in the parties' sole names.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 1284
- [2018] 4 SLR 779
- [2007] 3 SLR(R) 743
- [2013] 1 SLR 476
- [2016] 3 SLR 1172
- [2016] 2 SLR 686
- [2017] SGCA 34
- [2015] 4 SLR 1043
- [2019] 1 SLR 608
- [2016] SGHC 44
- [2019] SGHCF 16
- [2015] 4 SLR 1274
- Validity and Weight of Deed of Arrangement
- Outcome: The court found the Deed to be valid and binding between the parties but did not give it conclusive weight, considering it as part of the overall exercise of discretion under s 112(1) read with s 112(2)(e) of the WC.
- Category: Substantive
- Related Cases:
- [2014] 3 SLR 1284
- [2018] 4 SLR 779
- Jurisdiction of Singapore Courts
- Outcome: The court found that the Singapore courts have jurisdiction to hear the divorce proceedings pursuant to s 93(1)(a) read with s 3(5) of the Women’s Charter.
- Category: Jurisdictional
8. Remedies Sought
- Division of Matrimonial Assets
- Divorce
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur | High Court | Yes | [2014] 3 SLR 1284 | Singapore | Cited for the principle that separation agreements carry significant weight, especially if entered into after divorce proceedings have commenced. |
| UKA v UKB | High Court | Yes | [2018] 4 SLR 779 | Singapore | Cited to illustrate a situation where a post-nuptial document was given minimal weight due to the wife exploiting her dominant position. |
| NK v NL | Unknown | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the explanation of the global assessment methodology and the classification methodology in dividing matrimonial assets. |
| AYQ v AYR and another matter | Unknown | Yes | [2013] 1 SLR 476 | Singapore | Cited for the principle that the classification approach is appropriate where there are multiple classes of assets and where parties have made different contributions in relation to each class. |
| TNC v TND | Unknown | Yes | [2016] 3 SLR 1172 | Singapore | Cited for the principle that the classification methodology may be appropriate where certain assets are not wholly the gains of the co-operative partnership of efforts that the marriage represents. |
| ARY v ARX and another appeal | Unknown | Yes | [2016] 2 SLR 686 | Singapore | Cited for the starting position for the date of the identification of matrimonial assets is the date interim judgment is granted. |
| TND v TNC and another appeal | Court of Appeal | Yes | [2017] SGCA 34 | Singapore | Cited for the starting point for the date of the valuation of the matrimonial assets is the date of the AM hearing. |
| ANJ v ANK | Unknown | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach in determining the division of matrimonial assets based on direct and indirect contributions. |
| BPC v BPB and another appeal | Court of Appeal | Yes | [2019] 1 SLR 608 | Singapore | Cited for summarising the ANJ approach. |
| AZZ v BAA | High Court | Yes | [2016] SGHC 44 | Singapore | Cited for the principle that the division of assets under s 112 of the WC is not an appropriate occasion to resolve what is effectively a civil claim for inter-spousal debts. |
| UYP v UYQ | High Court | Yes | [2019] SGHCF 16 | Singapore | Cited for the principle that the division of assets under s 112 of the WC is not an appropriate occasion to resolve what is effectively a civil claim for inter-spousal debts. |
| AVM v AWH | High Court | Yes | [2015] 4 SLR 1274 | Singapore | Cited for the principle that costs orders can be deducted from a party's share of matrimonial assets. |
| Lee Hsien Loong v Singapore Democratic Party and others and another suit | Unknown | Yes | [2008] 1 SLR(R) 757 | Singapore | Cited for factors to consider when deciding whether to grant leave the court is to consider. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 93(1)(a) of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 3(5) of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112(1) of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112(2)(e) of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112(10)(a) of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Deed of Arrangement
- Interim Judgment
- Direct Contributions
- Indirect Contributions
- Classification Methodology
- Immovable Properties
- Ancillary Matters
- Division Ratio
15.2 Keywords
- divorce
- matrimonial assets
- division of assets
- family law
- Singapore
- property
- deed of arrangement
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Matrimonial Assets | 95 |
| Family Law | 95 |
| Divorce | 90 |
| Division | 90 |
| Deeds of Arrangement | 60 |
| Civil Procedure | 30 |
| Res Judicata | 20 |
| Costs | 20 |
| Jurisdiction | 20 |
| Contract Law | 15 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Division of Assets