UZN v UZM: Division of Matrimonial Assets After Divorce

In the Court of Appeal of Singapore, UZN (the Wife) appealed against the decision of the High Court regarding the division of matrimonial assets following her divorce from UZM (the Husband). The key issue was whether the Judge correctly assessed the Husband's expenditure and the extent of his undisclosed assets, and how the adverse inference against the Husband should be applied. The Court of Appeal allowed the appeal in part, adjusting the division of matrimonial assets to award the Wife a larger share based on a quantification approach, notionally adding the value of the undisclosed assets to the matrimonial pool.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal allowed in part. The court varied the Judge’s orders on the division of matrimonial assets.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning the division of matrimonial assets after a 16-year marriage. The court addressed the adverse inference against the husband for failing to disclose assets.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
UZNAppellant, DefendantIndividualAppeal allowed in partPartial
UZMRespondent, PlaintiffIndividualLostLost

3. Judges

Judge NameTitleDelivered Judgment
Steven ChongJudge of AppealNo
Woo Bih LiJudgeNo
Debbie OngJudgeYes

4. Counsels

Counsel NameOrganization
Alfred DodwellDodwell & Co LLC
Yap Pui YeeDodwell & Co LLC
Sam Hui Min LisaLisa Sam & Company

4. Facts

  1. The Wife and Husband were married for 16 years before divorcing in 2016.
  2. There were no children in the marriage.
  3. The Husband is a lawyer and equity partner at [P] LLP.
  4. The Wife worked as an administrator at [P] LLP from 2010 to August 2013.
  5. The Husband filed for divorce in November 2014, and the Wife filed a counterclaim in December 2014.
  6. The Judge valued the pool of matrimonial assets at $1,908,602.19.
  7. The Husband's income from 2010 to 2016 totalled at least $4,549,959.
  8. The Judge drew an adverse inference against the Husband for failing to make full and frank disclosure of his assets.
  9. The Judge adjusted the overall ratio by 8% in favor of the Wife to account for the Husband’s undisclosed assets.
  10. The final ratio was 60:40 in favor of the Husband.

5. Formal Citations

  1. UZN v UZM, Civil Appeal No 2 of 2020, [2020] SGCA 109

6. Timeline

DateEvent
Divorce (Transferred) No 5309 of 2014
Husband filed a writ for divorce
Wife filed a counterclaim
Interim judgment of divorce granted
Ancillary Matters hearing
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court varied the Judge’s orders on the division of matrimonial assets to award the Wife a larger share.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Non-disclosure of assets
      • Adverse inference
      • Quantification of undisclosed assets
    • Related Cases:
      • [2015] 4 SLR 1043
      • [2019] 1 SLR 608
      • [2020] SGCA 57
  2. Adverse Inference for Non-Disclosure
    • Outcome: The court applied the quantification approach to give effect to the adverse inference against the Husband.
    • Category: Procedural
    • Sub-Issues:
      • Failure to make full and frank disclosure
      • Quantification approach
      • Uplift approach
    • Related Cases:
      • [2015] 2 SLR 195
      • [2011] 2 SLR 1157
      • [2007] 3 SLR(R) 743

8. Remedies Sought

  1. Appeal against the division of matrimonial assets

9. Cause of Actions

  • Division of Matrimonial Assets

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Law
  • Appeals

11. Industries

  • Legal Services

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ANJ v ANKHigh CourtYes[2015] 4 SLR 1043SingaporeCited for the structured approach in dividing matrimonial assets.
BPC v BPB and another appealCourt of AppealYes[2019] 1 SLR 608SingaporeCited for the principle that marriage yields a deferred community of property upon termination.
USB v USA and another appealCourt of AppealYes[2020] SGCA 57SingaporeCited for the significance of the duty of full and frank disclosure in family proceedings.
AZZ v BAAHigh CourtYes[2016] SGHC 44SingaporeCited for the interpretation of the first criterion for drawing an adverse inference.
UYQ v UYPCourt of AppealYes[2020] 1 SLR 551SingaporeCited for the principle that parties in a marriage may not always keep fastidious records.
UBM v UBNCourt of AppealYes[2017] 4 SLR 921SingaporeCited for the principle that parties may genuinely be unable to recount past transactions in AM proceedings.
Chan Tin Sun v Fong Quay SimCourt of AppealYes[2015] 2 SLR 195SingaporeCited for the approaches to give effect to an adverse inference against a non-disclosing party.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for the approaches to give effect to an adverse inference against a non-disclosing party.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the approaches to give effect to an adverse inference against a non-disclosing party.
TQU v TQTCourt of AppealYes[2020] SGCA 8SingaporeCited for the application of the uplift approach in cases involving assets of entirely unknown value.
Lau Loon Seng v Sia Peck EngCourt of AppealYes[1999] 2 SLR(R) 688SingaporeCited for the principle that giving effect to an adverse inference enables the court to better reflect the true extent of the matrimonial pool.
TNL v TNK and another appeal and another matterCourt of AppealYes[2017] 1 SLR 609SingaporeCited for the principle that substantial sums expended by one spouse during the period in which divorce proceedings are imminent must be returned to the asset pool if the other spouse has not agreed to the expenditure.
BOR v BOS and another appealCourt of AppealYes[2018] SGCA 78SingaporeCited for the possibility of an adverse inference being drawn from the withdrawal of significant sums of money during the course of the marriage.
Koh Bee Choo v Choo Chai HuahCourt of AppealYes[2007] SGCA 21SingaporeCited for the possibility of an adverse inference being drawn from the withdrawal of significant sums of money during the course of the marriage.
Shih Ching Chia James v Swee Tuan KayCourt of AppealYes[2002] SGCA 2SingaporeCited for the possibility of an adverse inference being drawn from the withdrawal of significant sums of money during the course of the marriage.
UFU (M.W.) v UFVHigh CourtYes[2017] SGHCF 23SingaporeCited for the principle that legal costs incurred in the matrimonial proceedings could not be deducted from the matrimonial pool.
AQT v AQUHigh CourtYes[2011] SGHC 138SingaporeCited for the principle that legal costs incurred in the matrimonial proceedings could not be deducted from the matrimonial pool.
VBS v VBRHigh CourtYes[2020] SGHCF 10SingaporeCited for the High Court taking the uplift approach in cases similarly involving assets of entirely unknown value.
UTN v UTO and anotherHigh CourtYes[2019] SGHCF 18SingaporeCited for the High Court taking the uplift approach in cases similarly involving assets of entirely unknown value.
TLB v TLCHigh CourtYes[2016] SGHCF 3SingaporeCited for the High Court taking the uplift approach in cases similarly involving assets of entirely unknown value.
N/AHigh CourtYes[2019] SGHCF 26SingaporeThe Judgment

13. Applicable Rules

Rule Name
O 57 r 9A(5) of the Rules of Court (Cap 322, R 5, 2014 Rev Ed)

14. Applicable Statutes

Statute NameJurisdiction
Women’s CharterSingapore
s 112 of the Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 46(1) of the Women’s CharterSingapore
s 132(1) of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Division of assets
  • Adverse inference
  • Full and frank disclosure
  • Quantification approach
  • Uplift approach
  • Non-disclosure
  • Expenditure
  • Cash balance
  • Living expenses

15.2 Keywords

  • Divorce
  • Matrimonial assets
  • Division of assets
  • Adverse inference
  • Non-disclosure
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Family Law95
Full and Frank Disclosure75
Divorce70
Adverse Inference70
Division of Assets60
Matrimonial Assets Division60
Women’s Charter50
Duty of Candour30
Evidence Law30
Evidence20
Affidavits10

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Civil Procedure