CHT v CHU: Division of Matrimonial Assets Appeal

In the divorce case of *CHU v CHT*, the Court of Appeal of Singapore heard an appeal by the husband, CHT, against the High Court's decision on the division of matrimonial assets. The court partially allowed the appeal, adjusting the amounts for Category 2 assets after finding that the High Court erred in drawing an adverse inference against the husband regarding 19,000 Restricted Stock Units (RSUs). The court upheld the High Court's assessment of the indirect contribution ratio and directed the parties to bear their own costs for the appeal.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 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 regarding the division of matrimonial assets. The court partially allowed the appeal, adjusting the amounts for Category 2 assets.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
CHTAppellant, DefendantIndividualAppeal allowed in partPartial
CHURespondent, PlaintiffIndividualAppeal partially allowedPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJustice of the Court of AppealYes
Belinda Ang Saw EanJudge of the Appellate DivisionNo
Quentin LohJudge of the Appellate DivisionNo

4. Counsels

Counsel NameOrganization
Lum Guo RongLexcompass LLC
Chiu Hsu-Hwee BernardLexcompass LLC

4. Facts

  1. The husband appealed against the High Court's decision on the division of matrimonial assets.
  2. The husband transferred 19,000 Restricted Stock Units (RSUs) to his mother in 2018.
  3. The wife disclosed nine insurance policies but failed to disclose another eight.
  4. The Judge drew an adverse inference against the wife for failing to disclose the additional eight policies.
  5. The Judge included the value of the 19,000 RSUs in the matrimonial pool.
  6. The Judge determined the appropriate indirect contribution ratio as 60:40 in the wife’s favour.

5. Formal Citations

  1. CHTv CHU, Civil Appeal No 163 of 2020, [2021] SGCA 38

6. Timeline

DateEvent
Divorce (Transferred) No 586 of 2018 filed
Civil Appeal No 163 of 2020 filed
TQU v TQT [2020] SGCA 8 issued
Judgment delivered

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court adjusted the amounts for Category 2 assets after finding that the High Court erred in drawing an adverse inference against the husband regarding 19,000 Restricted Stock Units (RSUs).
    • Category: Substantive
    • Related Cases:
      • [2020] SGCA 8
  2. Adverse Inference
    • Outcome: The court found that the High Court erred in drawing an adverse inference against the husband regarding 19,000 Restricted Stock Units (RSUs) because the assets were disclosed.
    • Category: Procedural
  3. Indirect Contribution Ratio
    • Outcome: The court upheld the High Court's assessment of the indirect contribution ratio as 60:40 in the wife's favor.
    • Category: Substantive
    • Related Cases:
      • [2015] 4 SLR 1043

8. Remedies Sought

  1. No remedies sought

9. Cause of Actions

  • No cause of actions

10. Practice Areas

  • Divorce
  • Family Law
  • Appeals

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
TQU v TQTCourt of AppealYes[2020] SGCA 8SingaporeRe-affirmed the principle that an appellate court will not readily interfere with orders made by the court below pertaining to the division of matrimonial assets.
ANJ v ANKN/AYes[2015] 4 SLR 1043SingaporeCited regarding the broad-brush approach in assessing contributions of parties to a marriage in areas like parenting and homemaking.
AYQ v AYR and another matterN/AYes[2013] 1 SLR 476SingaporeCited regarding the classification methodology and the constant weightage of indirect contributions in relation to each class of assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Division of Assets
  • Restricted Stock Units
  • Adverse Inference
  • Indirect Contribution
  • Direct Contribution

15.2 Keywords

  • matrimonial assets
  • division of assets
  • divorce
  • family law
  • singapore
  • appeal

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Division of Matrimonial Property90
Civil Procedure40
Costs30

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets