CLD v CLE: Determining the Operative Date for Matrimonial Assets Division in Divorce Proceedings
In the divorce case of CLD v CLE, the Family Division of the High Court of Singapore, presided over by Judicial Commissioner Kwek Mean Luck, addressed the sole issue of determining the operative date for identifying the pool of matrimonial assets. The wife, CLD, proposed three possible dates, while the husband, CLE, argued for the default date of the Interim Judgment. The court ultimately ruled that the operative date would be 7 May 2017, the date when the wife moved out of the matrimonial home. This decision was based on the finding that only by this date was there no longer a matrimonial home, satisfying one of the key indicia for determining the end of the marriage for asset division purposes.
1. Case Overview
1.1 Court
Family Justice Courts of the Republic of Singapore1.2 Outcome
The court held that the operative date for determining the pool of matrimonial assets would be 7 May 2017, when the Wife moved out of the matrimonial home.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the operative date for determining matrimonial assets. The court determined the date was when the wife moved out of the matrimonial home.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kwek Mean Luck | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Chan Yu Xin | WongPartnership LLP |
| Sim Bock Eng | WongPartnership LLP |
| Sudhershen Hariram | Tan Rajah & Cheah |
4. Facts
- The parties married on 7 July 2012 and have one child.
- The wife prepared a post-nuptial deed in November 2016, which was not signed.
- The husband counter-proposed the deed with a stipulation that the wife could not claim maintenance.
- The wife and child moved out of the matrimonial home on 7 May 2017.
- The wife commenced divorce proceedings on 11 September 2017.
- Interim Judgment was granted on 14 February 2020.
- The wife proposed three operative dates for determining the pool of matrimonial assets.
5. Formal Citations
- CLD v CLE, Divorce (Transferred) No 4236 of 2017, [2021] SGHCF 12
6. Timeline
| Date | Event |
|---|---|
| Parties registered their marriage in Singapore | |
| Wife prepared a post-nuptial deed | |
| Husband counter-proposed the deed | |
| Wife and the Child moved out of Property 1 to Property 2 | |
| Wife commenced divorce proceedings against the Husband | |
| Divorce papers were served on the Husband | |
| Interim Judgment was granted | |
| Parties filed their respective Affidavit of Assets and Means | |
| Hearing before the Judicial Commissioner | |
| Grounds of Decision issued |
7. Legal Issues
- Determination of Operative Date for Matrimonial Asset Division
- Outcome: The court held that the operative date for determining the pool of matrimonial assets would be 7 May 2017, when the Wife moved out of the matrimonial home.
- Category: Substantive
- Related Cases:
- [2016] 2 SLR 686
8. Remedies Sought
- Division of Matrimonial Assets
- Custody, Care and Control of Child
- Maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ARY v ARX | Court of Appeal | Yes | [2016] 2 SLR 686 | Singapore | Cited for the three indicia to determine when a marriage has effectively come to an end: no matrimonial home, no consortium vitae, and no right to conjugal rights. |
| AUA v ATZ | Court of Appeal | Yes | [2016] 4 SLR 674 | Singapore | Cited regarding the weight given to agreements between parties and the assessment of whether parties are acting as spouses or merely as parents after separation. |
| AJR v AJS | N/A | Yes | [2010] 4 SLR 617 | Singapore | Cited in ARY v ARX for the principle that interim judgment puts an end to the marriage contract and indicates that the parties no longer intend to participate in the joint accumulation of matrimonial assets. |
| Sivakolunthu Kumarasamy v Shanmugam Nagaiah | N/A | Yes | [1987] SLR(R) 702 | Singapore | Cited in ARY v ARX for the principle that the grant of interim judgment is a recognition by the court that there is no longer any matrimonial home, no consortium vitae and no right on either side to conjugal rights. |
| Ong Boon Huat Samuel v Chan Mei Lan Kristine | Court of Appeal | Yes | [2007] 2 SLR(R) 729 | Singapore | Cited for the court's discretion to exclude specific property from the pool of matrimonial assets. |
| UWL v UWM | N/A | Yes | [2019] SGHCF 17 | Singapore | Cited by the Wife as an example of a case where the operative date was the date of separation, but distinguished by the court due to different facts. |
| BRL v BRM | Court of Appeal | Yes | N/A | Singapore | Cited by the Wife as an example of a case where the operative date was the date of separation, but distinguished by the court due to different facts. |
| Wong Kien Keong v Khoo Hong Eng | N/A | Yes | [2014] 1 SLR 1342 | Singapore | Cited by the Wife as an example of a case where the operative date was the date of a deed of separation, but distinguished by the court due to the absence of a signed deed in the present case. |
| Wong Kam Fong Anne v Ang Ann Liang | N/A | Yes | [1992] 3 SLR(R) 902 | Singapore | Cited in Wong Kien Keong regarding the weight given to agreements made when parties have already separated. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112(10)(b) of the Women’s Charter | Singapore |
| ss 112(1) of the Women’s Charter | Singapore |
| ss 112(2) of the Women’s Charter | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Operative Date
- Interim Judgment
- Post-Nuptial Deed
- Consortium Vitae
- Matrimonial Home
15.2 Keywords
- divorce
- matrimonial assets
- operative date
- Singapore
- family law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Divorce | 80 |
| Child Custody | 50 |
| Child Support | 50 |
| Maintenance | 50 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets