TQU v TQT: Division of Matrimonial Assets in Long Marriage Divorce
In TQU v TQT, the Court of Appeal of Singapore heard an appeal regarding the division of matrimonial assets following a divorce. The High Court had initially awarded 75% of the matrimonial assets to the wife. The Court of Appeal allowed the husband's appeal in part, adjusting the division to 75% for the husband and 25% for the wife, considering the direct and indirect contributions of each party during the marriage.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding division of matrimonial assets after a long marriage. The court adjusted the division to 75:25 in favor of the husband.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TQU | Appellant, Defendant | Individual | Appeal Allowed in Part | Partial | TQU |
| TQT | Respondent, Plaintiff | Individual | Partial | Partial | TQT |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge of Appeal | No |
| Belinda Ang Saw Ean | Judge | No |
| Woo Bih Li | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| TQU | Independent Practitioner |
| TQT | Independent Practitioner |
4. Facts
- The Husband and Wife were married on 6 March 1990 and have three children.
- The marriage broke down in 2001, though the interim judgment of divorce was granted in 2016.
- The Husband is a medical doctor who set up a clinic in 1991.
- The Wife worked as an accountant and then in the Clinic until 2001.
- The Husband received shares in family companies from his father before and during the marriage.
- The parties acquired properties in Singapore, China, and Malaysia during the marriage.
- The Wife left the matrimonial home in 2001 and filed for divorce.
5. Formal Citations
- TQU v TQT, Civil Appeal No 228 of 2018 (Summons Nos 67 and 78 of 2019), [2020] SGCA 08
- TQT v TQU, , [2018] SGHCF 17
6. Timeline
| Date | Event |
|---|---|
| Husband and Wife married | |
| Husband set up a clinic as a sole proprietorship | |
| Husband incorporated TQCDE | |
| Husband’s mother passed away | |
| Wife left the matrimonial home | |
| Wife filed her first divorce action | |
| First divorce application was dismissed | |
| Wife's second divorce action was filed | |
| TQCDE was liquidated | |
| Second divorce action was dismissed | |
| Interim judgment of divorce granted | |
| Parties appeared before the Judge | |
| Judge's decision issued | |
| Parties returned before the Judge | |
| Parties signed a draft order | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the division of matrimonial assets, taking into account direct and indirect contributions, and drew an adverse inference against the husband for non-disclosure.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct contributions
- Indirect contributions
- Adverse inference for non-disclosure
- Related Cases:
- [2018] SGCA 78
- [2017] 1 SLR 609
- [2007] 3 SLR(R) 743
- [2019] 2 SLR 114
- [2015] 4 SLR 1043
- [2019] 1 SLR 608
- [2016] 2 SLR 686
- [2016] 4 SLR 145
- [2006] 4 SLR(R) 605
- [2013] 1 SLR 476
- [2017] 4 SLR 213
- [2015] 2 SLR 195
- [2018] 3 SLR 319
- [2020] SGCA 3
- [2011] 2 SLR 1157
8. Remedies Sought
- Division of Matrimonial Assets
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- Healthcare
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| BOR v BOS and another appeal | Court of Appeal | Yes | [2018] SGCA 78 | Singapore | Cited for the principle that the appellate court does not readily interfere with orders made by a court below pertaining to the division of matrimonial assets. |
| TNL v TNK and another appeal and another matter | Court of Appeal | Yes | [2017] 1 SLR 609 | Singapore | Cited for the principle that the appellate court does not readily interfere with orders made by a court below pertaining to the division of matrimonial assets. |
| NK v NL | unknown | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the principle that marriage is an equal co-operative partnership of efforts. |
| BOI v BOJ | unknown | Yes | [2019] 2 SLR 114 | Singapore | Cited for the principle that marriage is an equal co-operative partnership of efforts. |
| ANJ v ANK | unknown | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach to division of matrimonial assets. |
| BPC v BPB and another appeal | unknown | Yes | [2019] 1 SLR 608 | Singapore | Cited for affirming the structured approach to division of matrimonial assets. |
| ARY v ARX and another appeal | unknown | Yes | [2016] 2 SLR 686 | Singapore | Cited for the default position for the operative date to determine the matrimonial assets is the date that IJ is granted. |
| TDT v TDS and another appeal and another matter | unknown | Yes | [2016] 4 SLR 145 | Singapore | Cited for the default operative date for the valuation of matrimonial assets is the date of the first ancillary matters hearing. |
| Chen Siew Hwee v Low Kee Guan (Wong Yong Yee, co-respondent) | unknown | Yes | [2006] 4 SLR(R) 605 | Singapore | Cited for the principle that the matrimonial home is an exception to the general rule that gifts are not matrimonial assets. |
| AYQ v AYR and another matter | unknown | Yes | [2013] 1 SLR 476 | Singapore | Cited for the two methods – the classification methodology or the global assessment methodology – to achieve a just and equitable division of matrimonial assets. |
| BNS v BNT | unknown | Yes | [2017] 4 SLR 213 | Singapore | Cited for the classification methodology may be suitable where an adverse inference is drawn against a party in relation to one class of asset. |
| Chan Tin Sun v Fong Quay Sim | unknown | Yes | [2015] 2 SLR 195 | Singapore | Cited for the principle that where one spouse not only fails to contribute to the marriage, but also engages in conduct that fundamentally undermines the co-operative partnership and harms the welfare of the other, the court can ascribe a negative value to his or her conduct. |
| UAP v UAQ | unknown | Yes | [2018] 3 SLR 319 | Singapore | Cited for the principle that where both sides are engaged in a mutually destructive exercise, it will not ascribe a negative value. |
| UYQ v UYP | Court of Appeal | Yes | [2020] SGCA 3 | Singapore | Cited for the principle that the structured approach must not be applied in a rigid, mechanistic and overly-arithmetical manner. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | unknown | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that to give effect to that adverse inference, the court may choose to give a value to the undisclosed assets or give a higher percentage of the disclosed assets to the other party. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter | Singapore |
| Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Direct contributions
- Indirect contributions
- Interim judgment
- Operative date
- Valuation
- Adverse inference
- Structured approach
- Clinic
- Gifts
- Inheritance
15.2 Keywords
- Divorce
- Matrimonial assets
- Division
- Singapore
- Family law
- Appeal
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Division of Assets
17. Areas of Law
- Family Law
- Matrimonial Assets
- Division of Matrimonial Assets