TOE v TOF: Division of Matrimonial Assets, Child Custody, and Maintenance Dispute
In the divorce case of *TOE v TOF*, the Family Justice Courts of Singapore addressed issues of child custody, access, maintenance, and division of matrimonial assets. Interim judgment was granted on the basis of a four-year separation. The court granted joint custody of the child, sole care and control to the wife, and specified access arrangements for the husband. The husband was ordered to pay monthly maintenance to both the wife and child, as well as the child's school fees, enrichment classes, insurance, and medical expenses. The husband was ordered to pay the wife a lump sum of S$4 million in full and final settlement of the division of matrimonial assets and to return her personal belongings.
1. Case Overview
1.1 Court
Family Justice Courts of the republic of singapore1.2 Outcome
Orders made for joint custody, sole care and control to wife, access to husband, maintenance to wife and child, division of matrimonial assets, and return of personal belongings.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case involving division of assets, child custody, and maintenance. The court granted the wife sole care and control of the child and ordered the husband to pay maintenance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| TOE | Plaintiff | Individual | Sole care and control of the child granted; lump sum payment of S$4 million in full and final settlement of the division of matrimonial assets; return of personal belongings and half the furniture and kitchenware | Won | |
| TOF | Defendant | Individual | Orders made for joint custody, access to husband, maintenance to wife and child, division of matrimonial assets, and return of personal belongings. | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Siaw Susanah Roberta | Siaw Kheng Boon & Co |
4. Facts
- The parties were married on 24 November 2000 and separated in November 2012.
- The parties have a ten-year-old son.
- The wife is a 53-year-old homemaker, and the husband is a 54-year-old former fund manager.
- The husband's income decreased from approximately S$49,538 a month in 2011 to about $10,000 a month from 2012 to 2015.
- The husband claimed he has not earned an income since 2016 and is currently in debt.
- The husband failed to provide documentary evidence of the net sale proceeds of the Audi car and the rental charges incurred for the new vehicle.
- The husband did not comply with directions to provide all Jagger Singapore bank statements from the date of account opening to date.
5. Formal Citations
- TOE v TOF, Divorce (Transferred) No 3134 of 2019, [2020] SGHCF 18
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties separated | |
| Interim judgment granted | |
| Orders made | |
| Grounds of decision issued |
7. Legal Issues
- Care and Control of Child
- Outcome: The court granted sole care and control of the child to the wife, with access to the husband.
- Category: Substantive
- Maintenance of Wife and Child
- Outcome: The court affirmed the interim maintenance orders, requiring the husband to pay monthly maintenance to the wife and child, as well as the child's school fees, enrichment classes, insurance, and medical expenses.
- Category: Substantive
- Division of Matrimonial Assets
- Outcome: The court drew adverse inferences against the husband for failing to disclose assets and ordered him to pay the wife S$4 million in full and final settlement.
- Category: Substantive
- Sub-Issues:
- Failure to make full and frank disclosure of assets
- Drawing of adverse inferences
- Related Cases:
- [2011] 2 SLR 1157
8. Remedies Sought
- Care and control of the child
- Access to the child
- Maintenance for the wife and child
- Division of matrimonial assets
- Return of personal belongings
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TOE v TOF | Singapore Family Court | Yes | [2017] SGFC 45 | Singapore | Cited to note the husband's spending patterns despite claiming to have no income. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Singapore Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that failure to make full and frank disclosure of assets allows the court to draw an adverse inference. |
| Tan Hwee Lee v Tan Cheng Guan and another appeal and another matter | Singapore Court of Appeal | Yes | [2012] 4 SLR 785 | Singapore | Cited for the court's discretion to exclude de minimis inter-spousal gifts from the pool of matrimonial assets. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Family Justice Rules 2014 (S 813/2014) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Care and control
- Access
- Maintenance
- Matrimonial assets
- Division of matrimonial assets
- Adverse inference
- Full and frank disclosure
- Interim maintenance orders
15.2 Keywords
- divorce
- family law
- child custody
- maintenance
- matrimonial assets
- division of assets
- Singapore
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 100 |
| Division of Matrimonial Property | 95 |
| Matrimonial Assets | 95 |
| Care and Control | 90 |
| Child Custody | 90 |
| Maintenance | 90 |
| Access to Children | 85 |
16. Subjects
- Family Law
- Divorce
- Child Custody
- Matrimonial Assets