WDO v WDP: Division of Matrimonial Assets and Wife's Maintenance Claim in Divorce

In the divorce case of WDO v WDP, the Family Division of the High Court in Singapore, presided over by Choo Han Teck J, addressed the division of matrimonial assets and the wife's claim for maintenance. The court determined that properties acquired as gifts during the marriage were matrimonial assets and considered the wife's contributions as a homemaker. Ultimately, the court divided the matrimonial assets 60:40 in favor of the wife, drawing an adverse inference against the husband for non-disclosure of assets, and made no orders for maintenance for the wife, citing her substantial financial resources.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Matrimonial assets divided 60:40 in favor of the Wife; no orders as to maintenance for the Wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets and the wife's claim for maintenance after a 31-year marriage. The court divided the assets 60:40 in favor of the wife and made no orders for maintenance.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WDOPlaintiffIndividualDivision of matrimonial assets 60:40 in her favor; no maintenance orderedPartial
WDPDefendantIndividualDivision of matrimonial assets 40:60 against him; no maintenance payableLost

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Tan Anamah Nee NagalingamAnn Tan & Associates
Lee Yun XinAnn Tan & Associates
Chiok Beng PiowAM Legal LLC
Margaret Lee Hui ZhenAM Legal LLC

4. Facts

  1. The plaintiff and defendant married in Singapore on 4 April 1988.
  2. The marriage lasted 31 years before the Wife filed for divorce in 2019.
  3. Interim judgment was granted on 30 May 2019.
  4. The Husband is a banker and the Wife is a full-time homemaker.
  5. The parties have three children who are all above the age of 21.
  6. The Wife says that two Singapore properties were gifts from her late mother.
  7. The Husband withdrew S$109,000.00 from the Husband’s DBS Account after the Wife filed the Writ for Divorce.

5. Formal Citations

  1. WDO v WDP, Divorce (Transferred) No 1156 of 2019, [2022] SGHCF 11

6. Timeline

DateEvent
Marriage occurred
Interim judgment granted
Wife filed for divorce
Judgment reserved
Judgment delivered

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined that properties acquired as gifts during the marriage were matrimonial assets and divided the assets 60:40 in favor of the wife, drawing an adverse inference against the husband for non-disclosure of assets.
    • Category: Substantive
  2. Wife's Claim for Maintenance
    • Outcome: The court made no orders for maintenance for the wife, citing her substantial financial resources.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for the Wife

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Law

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
TNL v TNK and another appeal and another matterSingapore Law ReportsYes[2017] 1 SLR 609SingaporeCited for the principle that 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 agree to the expenditure.
UVM v UBNSingapore Law ReportsYes[2017] 4 SLR 921SingaporeCited for the principle that courts have the discretion to deviate from equal division even in long single-income marriages to account for the circumstances of each case.
TQU v TQTSingapore Court of AppealYes[2020] SGCA 8SingaporeCited for the uplift approach in cases of non-disclosure or dissipation of assets, awarding a greater share of the matrimonial assets to the other party.
ATE v ATDSingapore Court of AppealYes[2016] SGCA 2SingaporeCited for the principle that the court's power to order maintenance is supplementary to the power to order division of matrimonial assets and that the court can take into account each party's share of the matrimonial assets when assessing the appropriate quantum of maintenance to be ordered.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter 1961Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Maintenance
  • Division of Assets
  • Adverse Inference
  • Single-Income Marriage
  • Gifts
  • Homemaker
  • Non-Disclosure of Assets

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Maintenance85
Property Law50
Evidence30
Contract Law20

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance