UWM v UWL: Division of Matrimonial Assets and Wife's Maintenance Appeal
In UWM v UWL, the Court of Appeal of Singapore heard an appeal by the Wife against the High Court's ancillary orders regarding the division of matrimonial assets, maintenance, and costs following a divorce. The Court of Appeal partially allowed the appeal, finding that the High Court had erred in the date of separation and failed to account for a transfer of $245,944.10 by the Husband. The court added this sum back to the matrimonial assets and adjusted the division ratio. The court also ordered the Husband to pay the Wife a lump sum of $36,000 for maintenance. The appeal on costs was dismissed.
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
Ex Tempore Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Appeal concerning division of matrimonial assets and wife's maintenance. Court of Appeal partially allowed appeal, adding $245,944.10 to assets and ordering lump sum maintenance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| UWM | Appellant, Defendant | Individual | Appeal partially unsuccessful | Partial | |
| UWL | Respondent, Plaintiff | Individual | Appeal allowed in part | Partial | Wong Soo Chih, Tan Yong Quan, Nicholas Roshan Rai |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Justice of the Court of Appeal | Yes |
| Quentin Loh | Judge of the Appellate Division | No |
| Chao Hick Tin | Senior Judge | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Soo Chih | SC Wong Law Chambers LLC |
| Tan Yong Quan | SC Wong Law Chambers LLC |
| Nicholas Roshan Rai | SC Wong Law Chambers LLC |
4. Facts
- The Wife appealed against the High Court's ancillary orders regarding the division of matrimonial assets, maintenance, and costs.
- The Judge incorrectly used 21 March 2013 as the date of separation, rather than 21 May 2013.
- The Husband transferred $245,944.10 to his parents and sister in Canada on 28 March 2013.
- The Husband conceded that $205,944.10 of the transferred sum should be returned to the matrimonial assets.
- The Husband claimed that $40,000 of the transferred sum was repayment of a loan from his sister.
- The Wife sought monthly maintenance of $2,000 for 10 years if she continues living in the River Valley Property, or monthly maintenance of $4,000 for 10 years if it is sold.
- The Wife appealed against the cost orders made by the Judge in the ancillary matters proceedings below.
5. Formal Citations
- UWM v UWL, Civil Appeal No 104 of 2020, [2021] SGCA 105
6. Timeline
| Date | Event |
|---|---|
| Divorce proceedings commenced in HCF/DT 2254/2017 | |
| Wife filed summons for discovery against the Husband (FC/SUM 2270/2018) | |
| Wife filed application for an extension of time to request further arguments after the AM Hearing (HCF/SUM 251/2019) | |
| Ancillary Matters Judgment issued | |
| Wife’s request for further arguments accepted by the Registry | |
| Wife filed a Notice of Intention to Act in Person, In Place of Solicitor | |
| Judge heard the Wife’s further arguments and varied some of his orders in the AM Judgment | |
| Husband’s solicitors sent a draft order of court to the Wife’s former solicitors | |
| Husband’s solicitors informed the Registry that the Wife and her solicitors had failed to return a copy of the draft order with their signed consent or any amendments within two days after their receipt of the draft, and requested that an order of court be made on the terms contained in the draft order | |
| Husband’s solicitors extracted ORC 165 after amending the draft pursuant to the court’s remarks | |
| Wife filed application before the Judge for a stay of execution of ORC 165 (HCF/SUM 315/2020) | |
| Court of Appeal hearing (CA/CA 104/2020) | |
| Judgment delivered |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court partially allowed the appeal, adding $245,944.10 to the Other Assets and adjusting the division ratio to 55.64:44.36 in favor of the Husband.
- Category: Substantive
- Related Cases:
- [2017] 1 SLR 609
- [2015] 4 SLR 1043
- Wife's Maintenance
- Outcome: The court varied the Judge’s order below, and ordered the Husband to pay the Wife a lump sum of $36,000 (being the equivalent of maintenance of $2,000 per month for eighteen months) in order to tide her over this period.
- Category: Substantive
- Procedural Irregularity in Extracting Order of Court
- Outcome: The court dismissed this part of the Wife’s appeal.
- Category: Procedural
- Related Cases:
- [2005] SGCA 3
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance
- Costs
9. Cause of Actions
- No cause of actions
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Law
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TNL v TNK and another appeal and another matter | Court of Appeal | Yes | [2017] 1 SLR 609 | Singapore | Cited for the principle that substantial sums expended by one spouse during divorce proceedings must be returned to the asset pool if the other spouse has a putative interest and did not consent to the expenditure. |
| ANJ v ANK | Unknown | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach in dividing matrimonial assets. |
| Wee Soon Kim Anthony v UBS AG and Others | Singapore Court of Appeal | Yes | [2005] SGCA 3 | Singapore | Cited regarding the rules of court pertaining to serving draft orders when a party is unrepresented. |
| UZN v UZM | Unknown | Yes | [2021] 1 SLR 426 | Singapore | Cited for affirming the TNL dicta regarding the treatment of substantial sums expended by one spouse during divorce proceedings. |
| BON and others v BOQ | Court of Appeal | Yes | [2018] 2 SLR 1370 | Singapore | Cited regarding the factors to consider when determining whether a transfer of money was a loan or a gift. |
| CHT v CHU | Unknown | Yes | [2021] SGCA 38 | Singapore | Cited regarding crediting sums as a party's sole direct contribution. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Date of Separation
- Ancillary Orders
- Maintenance
- Direct Contribution
- Indirect Contribution
- Lump Sum Maintenance
- Procedural Irregularity
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
- Appeal
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance
17. Areas of Law
- Family Law
- Matrimonial Assets
- Division of Matrimonial Assets
- Maintenance