WMD v WMC: Division of Matrimonial Assets - Operative Date for Determining Matrimonial Assets Pool

In WMD v WMC, the High Court of Singapore heard an appeal regarding the appropriate date for determining the pool of matrimonial assets in divorce proceedings. The Appellant/husband, WMD, appealed against the District Court's decision. Choo Han Teck J dismissed the appeal, holding that the operative date for determining and valuing matrimonial assets should generally be decided during the ancillary proceedings, not through a separate summons. The court emphasized that the trial judge is best positioned to determine when the marriage effectively ended, based on the evidence presented.

1. Case Overview

1.1 Court

General Division of the High Court (Family Division)

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the operative date for determining matrimonial assets in divorce proceedings. The court held that this determination should occur during ancillary proceedings.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
WMDAppellantIndividualAppeal DismissedLost
WMCRespondentIndividualAppeal DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
Muhammad HasifAW Law LLC
John VincentJohn Law Chambers LLC

4. Facts

  1. The Appellant and Respondent were married on 31 August 1996.
  2. The Respondent commenced divorce proceedings on 17 June 2021.
  3. Interim Judgment was granted on 16 September 2021.
  4. The Appellant sought a determination of the operative date for valuing matrimonial assets as 31 March 2013.
  5. The Respondent argued for the date of the Interim Judgment, 16 September 2021.
  6. The Appellant is a 62-year-old draughtsman earning $3,885 a month.
  7. The Respondent is a 58-year-old lecturer earning $8,600 a month.

5. Formal Citations

  1. WMD v WMC, District Court Appeal No 36 of 2023, [2023] SGHCF 35

6. Timeline

DateEvent
Marriage occurred.
Divorce proceedings commenced.
Interim Judgment granted.
Judgment reserved.
Judgment issued.

7. Legal Issues

  1. Operative Date for Determining Matrimonial Assets
    • Outcome: The court held that the operative date for determining matrimonial assets should generally be decided during the ancillary proceedings.
    • Category: Substantive
    • Related Cases:
      • [2021] SGHCF 12
      • [2016] 2 SLR 686

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
CLD v CLEGeneral Division of the High Court (Family Division)Yes[2021] SGHCF 12SingaporeCited regarding the procedure for determining the operative date for assessing matrimonial assets, but the court clarified that pre-trial determination is the exception.
ARY v ARX and another appealCourt of AppealYes[2016] 2 SLR 686SingaporeCited for the principle that the date of the Interim Judgment is the default operative date for determining matrimonial assets.
Nambu PVD Pte Ltd v UBTS Pte Ltd and another appealN/AYes[2022] 1 SLR 391SingaporeCited for the principle that the Appellant has to demonstrate that the DJ’s assessment is “plainly wrong or manifestly against the weight of the evidence”.
Tat Seng Machine Movers Pte Ltd v Orix Leasing Singapore LtdN/AYes[2009] 4 SLR(R) 1101SingaporeCited for the principle that the Appellant has to demonstrate that the DJ’s assessment is “plainly wrong or manifestly against the weight of the evidence”.

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
  • Operative Date
  • Interim Judgment
  • Ancillary Proceedings
  • Division of Assets

15.2 Keywords

  • matrimonial assets
  • divorce
  • family law
  • singapore
  • ancillary proceedings

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Division of Matrimonial Property80
Divorce70
Evidence40
Civil Procedure30

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets