UTS v UTT: Division of Matrimonial Assets and Wife's Maintenance in Long Single Income Marriage
In the divorce case of *UTS v UTT*, the High Court (Family Division) of Singapore, presided over by Judicial Commissioner Tan Puay Boon, addressed the division of matrimonial assets and maintenance for the wife. The parties were married for 39 years, with the husband as the sole breadwinner and the wife as a homemaker. The court ordered an equal division of the matrimonial assets, valued at $7,218,468.60, and no maintenance for the wife, considering her substantial share of the assets.
1. Case Overview
1.1 Court
High Court (Family Division)1.2 Outcome
Equal division of matrimonial assets ordered; no maintenance for the 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 wife's maintenance after a 39-year marriage. The court ordered an equal division of assets and no maintenance for the wife.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UTS | Plaintiff | Individual | Equal division of matrimonial assets | Partial | Malathi d/o Das |
| UTT | Defendant | Individual | Equal division of matrimonial assets | Partial | Gooi Chi Duan, Cheryl Tsai |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Puay Boon | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Malathi d/o Das | Joyce A Tan & Partners LLC |
| Gooi Chi Duan | Donaldson & Burkinshaw LLP |
| Cheryl Tsai | Donaldson & Burkinshaw LLP |
4. Facts
- The Plaintiff and Defendant were married in 1973 and have three children.
- The Parties started leading separate lives in 2012.
- The Wife filed for divorce in August 2017 on the basis of four years’ separation.
- The Husband was the sole breadwinner throughout the marriage.
- The Wife was a homemaker throughout the marriage.
- The total value of the matrimonial assets was $7,218,468.60.
5. Formal Citations
- UTS v UTT, HCF/Divorce (Transferred) No 3783 of 2017, [2019] SGHCF 8
6. Timeline
| Date | Event |
|---|---|
| Parties married in Singapore | |
| Parties started leading separate lives | |
| Wife filed for divorce | |
| Interim Judgment granted | |
| Husband’s ancillary affidavit dated | |
| Wife’s ancillary affidavit dated | |
| Judgment reserved | |
| Parties updated joint summary of relevant information | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered an equal division of the matrimonial assets.
- Category: Substantive
- Related Cases:
- [2007] 3 SLR(R) 743
- [2016] 2 SLR 686
- [2017] SGCA 34
- [2015] 4 SLR 1043
- [2016] 3 SLR 1137
- [2017] 1 SLR 609
- [2017] 4 SLR 921
- [2019] 3 SLR 504
- [2018] 4 SLR 779
- Maintenance for Wife
- Outcome: The court ordered that there be no maintenance for the Wife.
- Category: Substantive
- Related Cases:
- [2012] 2 SLR 506
- [2019] SGHCF 4
8. Remedies Sought
- Division of matrimonial assets
- Maintenance for the Wife
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| NK v NL | High Court | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the global assessment methodology in dividing matrimonial assets. |
| ARY v ARX | High Court | Yes | [2016] 2 SLR 686 | Singapore | Cited for the default date for identification of matrimonial assets. |
| TND v TNC and another appeal | Singapore Court of Appeal | Yes | [2017] SGCA 34 | Singapore | Cited for the assessment of the values of matrimonial assets at the date of the ancillary matters hearing. |
| Wee Beng Choo v Er Sye King | District Court | Yes | [2003] SGDC 57 | Singapore | Cited regarding the deduction of transfer fees from club memberships. |
| Fong Wai Har v Seah Boon Chai and another | High Court (Family Division) | Yes | [2016] SGHCF 4 | Singapore | Cited regarding the deduction of transfer fees from club memberships. |
| ANJ v ANK | Singapore Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach for the division of matrimonial assets. |
| TIT v TIU | High Court | Yes | [2016] 3 SLR 1137 | Singapore | Cited for summarising the structured approach for the division of matrimonial assets. |
| TNL v TNK | Singapore Court of Appeal | Yes | [2017] 1 SLR 609 | Singapore | Cited for the approach in single-income marriages, tending towards equal division. |
| UBM v UBN | High Court | Yes | [2017] 4 SLR 921 | Singapore | Cited for clarifying that a single-income marriage includes a marriage where one party was primarily the breadwinner and the other primarily the homemaker. |
| UMU v UMT and another appeal | High Court | Yes | [2019] 3 SLR 504 | Singapore | Cited as an example where the court applied the approach in single-income marriages. |
| UKA v UKB | High Court | Yes | [2018] 4 SLR 779 | Singapore | Cited as an example where the court applied the approach in single-income marriages. |
| BOR v BOS and another appeal | Singapore Court of Appeal | Yes | [2018] SGCA 78 | Singapore | Cited for the principle that mere suspicion is not enough to ground an adverse inference. |
| TXW v TXX | High Court | Yes | [2017] 4 SLR 799 | Singapore | Cited for the principle that belated disclosures alone are insufficient to draw an adverse inference. |
| Foo Ah Yan v Chiam Heng Chow | Singapore Court of Appeal | Yes | [2012] 2 SLR 506 | Singapore | Cited for the principle of financial preservation in determining maintenance for former spouses. |
| BUX v BUY | High Court (Family Division) | Yes | [2019] SGHCF 4 | Singapore | Cited for the principle that maintenance is based on need and not on parties’ contributions to the marriage. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Single income marriage
- Division of assets
- Maintenance
- Homemaker
- Breadwinner
15.2 Keywords
- divorce
- matrimonial assets
- maintenance
- family law
- division of assets
- single income marriage
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Matrimonial Assets
- Division of Matrimonial Assets
- Maintenance