UZO v UZP: Division of Matrimonial Assets, Child & Wife Maintenance

In the divorce case of *UZO v UZP and UZQ*, the High Court (Family Division) in Singapore, presided over by Tan Puay Boon JC, issued a judgment on 19 December 2019, concerning the division of matrimonial assets and maintenance for the three children and the wife. The court determined the division ratio of the matrimonial assets to be 58.5:41.5 between the husband and the wife, and made orders for the husband to transfer a sum of money to the wife. The court also made orders for child maintenance and wife maintenance.

1. Case Overview

1.1 Court

High Court (Family Division)

1.2 Outcome

Orders made for division of matrimonial assets and maintenance for children and wife.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets and maintenance for the children and wife. The court determined the division ratio and maintenance amounts.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UZOPlaintiffIndividualPartialPartial
UZPDefendantIndividualPartialPartial
UZQDefendantIndividual

3. Judges

Judge NameTitleDelivered Judgment
Tan Puay BoonJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Bhaskaran ShamkumarAPAC Law Corporation
Irfan Nasrulhaq Bin HamdanAPAC Law Corporation
Gan Guo BinWinston Quek & Company
Quek Seng Soon WinstonWinston Quek & Company

4. Facts

  1. The wife and husband were married on 20 May 1998 and have three children.
  2. The wife filed for divorce on 30 June 2016, citing the husband's adultery.
  3. The interim judgment was granted on 7 February 2017.
  4. The husband was the primary breadwinner during the marriage.
  5. The wife was primarily responsible for looking after the household and raising the children.
  6. The parties agreed to joint custody of the children, with the wife having care and control.
  7. The parties agreed that the global assessment methodology should be used to determine the division ratio of their matrimonial assets.

5. Formal Citations

  1. UZO v UZP and another, , [2019] SGHCF 27

6. Timeline

DateEvent
Marriage of the plaintiff and the defendant
Birth of the first child
Birth of the second child
Birth of the third child
Wife filed a writ for divorce
Husband filed a defence and counterclaim
Wife was granted an interim maintenance order
Interim maintenance order took effect
Interim judgment granted
Husband allegedly failed to pay wife's salary
Joint Valuation Report was completed
Wife filed an application in Family Court Summons No 3017 of 2018
Husband’s appeal against the Family Court’s decision in FC/SUM 3017/2018 was dismissed
Ancillary matters hearing
Further ancillary matters hearing
Parties submitted a table summarising their direct contributions
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court divided the matrimonial assets based on a ratio of 58.5:41.5 between the husband and the wife.
    • Category: Substantive
    • Related Cases:
      • [2007] 3 SLR(R) 743
      • [2015] 4 SLR 1043
  2. Maintenance for Children
    • Outcome: The court ordered the husband to pay monthly maintenance for each child and to bear the full tuition fees and accommodation costs of the two elder children’s tertiary education.
    • Category: Substantive
    • Related Cases:
      • [2016] 4 SLR 674
      • [2014] 2 SLR 705
  3. Maintenance for Wife
    • Outcome: The court ordered the husband to pay monthly maintenance to the wife for a period of 12 months.
    • Category: Substantive
    • Related Cases:
      • [2016] SGCA 2
      • [2017] 1 SLR 609
  4. Adverse Inference
    • Outcome: The court declined to draw an adverse inference against the husband.
    • Category: Procedural
    • Related Cases:
      • [2018] SGCA 78
      • [2017] 4 SLR 799

8. Remedies Sought

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

9. Cause of Actions

  • Divorce
  • Adultery

10. Practice Areas

  • Divorce
  • Family Litigation
  • Matrimonial Asset Division
  • Child Maintenance
  • Wife Maintenance

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
NK v NLHigh CourtYes[2007] 3 SLR(R) 743SingaporeCited for the four distinct phases of the global assessment methodology for division of matrimonial assets.
ACW v ACXHigh CourtYes[2014] SGHC 53SingaporeCited for the principle that instructions to a valuer should be disclosed to provide the court with a proper understanding of the valuation report.
Evergreat Construction Co Pte Ltd v Presscrete Engineering Pte LtdHigh CourtYes[2006] 1 SLR(R) 634SingaporeCited for the proposition that parties who have jointly appointed an expert can only challenge the expert’s determination on the grounds of fraud or collusion, but distinguished in the present case.
Quek Kwee Kee Victoria (in her personal capacity and as executor of the state of Quek Kiat Siong, deceased) and another v Quek Khuay ChuahHigh CourtYes[2014] 4 SLR 1SingaporeCited for the proposition that parties who have jointly appointed an expert can only challenge the expert’s determination on the grounds of fraud or collusion, but distinguished in the present case.
BOR v BOS and another appealCourt of AppealYes[2018] SGCA 78SingaporeCited for the principle that withdrawals that may legitimately be explained as genuine expenditures on personal expenses, business or investments ought to be disregarded.
TXW v TXXHigh CourtYes[2017] 4 SLR 799SingaporeCited for the principle that parties to a functioning marriage do not keep records of their transactions with a view to building a case should a divorce occur.
ANJ v ANKCourt of AppealYes[2015] 4 SLR 1043SingaporeCited for the structured approach to determine the division of matrimonial assets.
Pang Rosaline v Chan Kong ChinCourt of AppealYes[2009] 4 SLR(R) 935SingaporeCited for the principle that the managerial role of a wife in ensuring the smooth running of a household is essential and important.
ANH v ANIHigh CourtYes[2019] SGHC 170SingaporeCited for the appropriate quantum of maintenance that should be ordered in relation to a child who had just enrolled in an Australian university.
AUA v ATZHigh CourtYes[2016] 4 SLR 674SingaporeCited for the principle that the focus of the court’s inquiry in considering the issue of maintenance for the child is the financial needs of the child.
AXM v AXOCourt of AppealYes[2014] 2 SLR 705SingaporeCited for the principle that the court in ordering maintenance must also take into account a former husband’s financial resources.
ATE v ATD and another appealCourt of AppealYes[2016] SGCA 2SingaporeCited for the principle that the court will take into account a wife’s share of the matrimonial assets upon division when assessing the appropriate quantum of maintenance to be ordered.
TNL v TNK and another appeal and another matterHigh CourtYes[2017] 1 SLR 609SingaporeCited for the principle that the court should only order such maintenance as to allow the Wife to weather the transition of the divorce.
UAP v UAQHigh CourtYes[2018] 3 SLR 319SingaporeCited for the principle that maintenance arrears incurred after the IJ date should be given effect to post-division of assets, by increasing any sum payable by the Husband.

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
  • Interim Judgment
  • Global Assessment Methodology
  • Direct Contributions
  • Indirect Contributions
  • Maintenance
  • Joint Custody
  • Care and Control
  • Division Ratio
  • Valuation Report

15.2 Keywords

  • divorce
  • matrimonial assets
  • child maintenance
  • wife maintenance
  • family law
  • Singapore

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Family Law95
Maintenance90
Divorce90
Maintenance (Child)85
Maintenance (Wife)80
Children's Welfare75
Child Custody70
Child Support65

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Maintenance
  • Wife Maintenance