DDM v DDL: Division of Matrimonial Assets & CPF in Divorce

In DDM v DDL, the Family Division of the High Court of Singapore, presided over by Justice Kwek Mean Luck, addressed ancillary matters in a divorce case, including the division of matrimonial assets, care and control of children, and maintenance. The court determined the pool of matrimonial assets to be valued at S$8,879,649.47, allocating 50.5% to the husband and 49.5% to the wife. The husband's appeal against this determination and the transfer orders was dismissed.

1. Case Overview

1.1 Court

Family Division of the High Court

1.2 Outcome

The court determined the pool of matrimonial assets and allocated 50.5% to the Husband and 49.5% to the Wife. The Husband's appeal against this determination and the transfer orders was dismissed.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court decision in DDM v DDL concerning the division of matrimonial assets, including CPF funds, in a divorce case.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
DDMPlaintiffIndividualPartial JudgmentPartial
DDLDefendantIndividualPartial JudgmentPartial

3. Judges

Judge NameTitleDelivered Judgment
Kwek Mean LuckJudgeYes

4. Counsels

Counsel NameOrganization
Lee Ming Hui KelvinWNLEX LLC
Ong Xin Ying SamanthaWNLEX LLC
Anuradha d/o Krishan Chand SharmaWinchester Law LLC

4. Facts

  1. The parties were married on 28 May 2005 and have three children.
  2. The Wife is a director of [B] Pte Ltd, while the Husband is a retiree.
  3. Interim Judgment was granted on 27 March 2020 based on the parties living apart for at least four years.
  4. The parties separated in 2017.
  5. The Wife incorporated [B] Pte Ltd in July 2018.
  6. The parties jointly owned several properties, including the River Valley Apartment and properties in Malaysia.
  7. The Husband claimed that he contributed a larger share to the acquisition of Marbella, a property acquired before the marriage.

5. Formal Citations

  1. DDM v DDL, Divorce (Transferred) No 4849 of 2018, [2023] SGHCF 42

6. Timeline

DateEvent
Parties were married
Husband moved out of the Malaysia Masai Johor Family Home
[B] Pte Ltd incorporated
Writ for Divorce filed
Interim Judgment granted
Ancillary Matters hearing
Directions regarding the transfer of assets
Judgment issued

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the pool of matrimonial assets and allocated 50.5% to the Husband and 49.5% to the Wife.
    • Category: Substantive
    • Related Cases:
      • [2019] 1 SLR 608
      • [2011] 2 SLR 1157
      • [2006] SGHC 83
      • [2012] SGHC 128
      • [2021] 1 SLR 426
      • [2020] SGHCF 23
      • [2017] 1 SLR 609
      • [2020] 2 SLR 588
      • [2015] 4 SLR 1043
      • [2015] SGCA52
      • [2020] 1 SLR 551
      • [2013] SGHC 66
      • [2021] 3 SLR 1145
  2. Inclusion of Company Shares as Matrimonial Assets
    • Outcome: The court excluded the Wife's company, [B] Pte Ltd, from the pool of matrimonial assets.
    • Category: Substantive
    • Related Cases:
      • [2006] SGHC 83
      • [2012] SGHC 128
      • [2021] 1 SLR 426
  3. Valuation of Matrimonial Assets
    • Outcome: The court determined the valuation of several disputed assets, including Geylang properties and Malaysian Pontian Land.
    • Category: Procedural
    • Related Cases:
      • [2011] 2 SLR 1157
  4. CPF as Matrimonial Asset
    • Outcome: The court excluded the Husband's pre-marital CPF moneys in his Medisave Account and Special Account from the pool of matrimonial assets.
    • Category: Substantive
    • Related Cases:
      • [2020] 2 SLR 588

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Care and Control of Children
  3. Maintenance for Children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BPC v BPB and another appealCourt of AppealYes[2019] 1 SLR 608SingaporeCited for the general starting position in law regarding the applicable date for ascertaining the pool of matrimonial assets.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealUnknownYes[2011] 2 SLR 1157SingaporeCited for the principle that multiple operative dates are possible for valuing different categories of assets.
Lim Ngeok Yuen v Lim Soon Heng VictorHigh CourtYes[2006] SGHC 83SingaporeCited for the principle of excluding assets acquired after separation from the pool of matrimonial assets.
Woon Wee Lee v Koh Ai HuaHigh CourtYes[2012] SGHC 128SingaporeCited for the principle of excluding assets acquired after the breakdown of the marriage from the pool of matrimonial assets.
UZN v UZMCourt of AppealYes[2021] 1 SLR 426SingaporeCited regarding wrongful dissipation of matrimonial assets near the time of divorce.
VMO v VMPHigh CourtYes[2020] SGHCF 23SingaporeCited for the principle of excluding liabilities from the pool of matrimonial assets when substantial sums are expended by one party when divorce proceedings are imminent.
TNL v TNKCourt of AppealYes[2017] 1 SLR 609SingaporeCited 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 not agreed to the expenditure.
USB v USA and another appealCourt of AppealYes[2020] 2 SLR 588SingaporeCited for the burden of proof regarding assets acquired before the marriage and whether they are considered matrimonial assets.
ANJ v ANKUnknownYes[2015] 4 SLR 1043SingaporeCited for the structured approach to dividing matrimonial assets in a dual-income marriage.
Twiss, Christopher James Hans v Twiss, Yvonne PrendergastCourt of AppealYes[2015] SGCA52SingaporeCited for the structured approach in ANJ v ANK.
UYQ v UYPCourt of AppealYes[2020] 1 SLR 551SingaporeCited for the broad brush approach to the ANJ structured approach.
Toh Buan Eileen v Ho Kiang FahHigh CourtYes[2013] SGHC 66SingaporeCited for the apportionment of rental income as direct contributions when financial contributions to the acquisition of an investment property cannot be precisely established.
VIG v VIHUnknownYes[2021] 3 SLR 1145SingaporeCited by the Husband, but the court found it not directly relevant as it involved a single-income marriage.

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
  • CPF
  • Division of Assets
  • Dual-Income Marriage
  • Direct Financial Contributions
  • Indirect Contributions
  • Wrongful Dissipation
  • Interim Judgment
  • Ancillary Matters

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • CPF
  • Singapore
  • Family Law
  • Asset Division

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets Division90
Divorce90
Children's Welfare40
Child Custody30
Child Support30
Property Law30
Contract Law10
Wills and Probate5
Trusts and Estates5
Succession Law5
Civil Litigation5

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Central Provident Fund