WNW v WNX: Division of Matrimonial Assets in Long-Term Marriage

In WNW v WNX, the High Court (Family Division) heard an appeal regarding the division of matrimonial assets following a divorce. The key issues were whether 100% of the value of a Housing and Development Board flat should be included in the matrimonial pool and the appropriate weight to be given to direct versus indirect contributions. The court dismissed the appeal regarding the inclusion of the flat's full value but allowed it in part, adjusting the weightage of direct and indirect contributions, resulting in the Wife needing to pay $9,363.87 to the Husband.

1. Case Overview

1.1 Court

Family Justice Courts of the Republic of Singapore

1.2 Outcome

Appeal dismissed in part and allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding division of matrimonial assets, focusing on a Housing and Development Board flat and the weight of direct vs. indirect contributions.

1.7 Decision Date

26 December 2023

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
WNW	Appellant	Individual	Appeal dismissed in part and allowed in part	Partial	Han Hean Juan of Han & Lu Law Chambers LLP Lu Zhao Bo Yu of Han & Lu Law Chambers LLP
WNX	Respondent	Individual	Appeal dismissed in part and allowed in part	Partial	Han Wah Teng of CTLC Law Corporation

3. Judges

Judge Name	Title	Delivered Judgment
Andrew Ang	Senior Judge	Yes

4. Counsels

Counsel Name	Organization
Han Hean Juan	Han & Lu Law Chambers LLP
Lu Zhao Bo Yu	Han & Lu Law Chambers LLP
Han Wah Teng	CTLC Law Corporation

4. Facts

The parties were married in 1989 and have one daughter.
Divorce proceedings commenced on 19 November 2019.
Interim Judgment was granted on 9 September 2020.
The Matrimonial Flat was purchased in 1982 in the joint names of the Husband and his mother.
The Husband’s mother passed away in September 2022, making the Husband the sole owner of the Matrimonial Flat.
Parties agreed at the Status Conference that the Husband’s share of the Matrimonial Flat was 50%.
The parties had been separated for 26 out of 31 years of their marriage.

5. Formal Citations

WNW v WNX, District Court Appeal No 9 of 2023, [2023] SGHCF 54

6. Timeline

Date	Event
1982-01-01	The Matrimonial Flat was purchased.
1989-01-01	Parties registered their marriage.
1989-01-01	Parties moved into the Matrimonial Flat.
1993-01-01	[B] was born.
1994-01-01	Parties took to sleeping in different rooms.
2019-11-19	Divorce proceedings commenced.
2020-09-09	Interim Judgment entered by consent.
2022-01-04	The Husband’s 1st Affidavit of Assets and Means was filed.
2022-01-12	The Wife’s 1st Affidavit of Assets and Means was filed.
2022-05-20	The Husband’s 2nd Affidavit of Assets and Means was filed.
2022-06-23	The Wife’s 2nd Affidavit of Assets and Means was filed.
2022-09-01	The Husband’s Mother passed away.
2022-11-04	The Ancillary Matters Hearing was held.
2023-01-30	The AM judgment was delivered.
2023-09-20	Judgment date
2023-12-27	Judgment date

7. Legal Issues

Division of Matrimonial Assets
- Outcome: The court adjusted the weightage of direct and indirect contributions, resulting in the Wife needing to pay $9,363.87 to the Husband.
- Category: Substantive
- Related Cases:
  - [2019] 3 SLR 178
  - [2013] 3 SLR 1162
  - [2018] 4 SLR 779
  - [2009] 2 SLR(R) 961
  - [2017] SGCA 34
  - [2015] 4 SLR 1043
  - [2018] 4 SLR 208
  - [2010] 2 SLR 1123
  - [2018] 2 SLR 84
Inclusion of Inherited Assets in Matrimonial Pool
- Outcome: The court held that the additional interest acquired by the Husband upon the demise of his mother should be included in the matrimonial pool because it was a matrimonial home.
- Category: Substantive
- Related Cases:
  - [2019] 3 SLR 178
Enforceability of Agreements on Matrimonial Asset Division
- Outcome: The court held that it was not bound by the agreement to include only 50% of the Matrimonial Flat into the matrimonial pool for division.
- Category: Substantive
- Related Cases:
  - [2013] 3 SLR 1162
  - [2018] 4 SLR 779
  - [2009] 2 SLR(R) 961
  - [2017] SGCA 34
Weightage of Direct vs. Indirect Contributions
- Outcome: The court adjusted the weightage of direct and indirect contributions to a ratio of 2:1 in favor of direct contributions.
- Category: Substantive
- Related Cases:
  - [2015] 4 SLR 1043

8. Remedies Sought

No remedies sought

9. Cause of Actions

No cause of actions

10. Practice Areas

Divorce
Family Law
Matrimonial Asset Division

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
UJF v UJG	General Division of the High Court	Yes	[2019] 3 SLR 178	Singapore	Cited for the principle that matrimonial homes are subject to the court’s power of division upon the dissolution of marriage, even if they were acquired before the marriage.
Lian Hwee Choo Phebe v Tan Seng Ong	High Court	Yes	[2013] 3 SLR 1162	Singapore	Cited to support the interpretation of Section 112(2)(e) of the Women's Charter regarding agreements made in contemplation of divorce.
UKA v UKB	High Court	Yes	[2018] 4 SLR 779	Singapore	Cited for the principle that the court must consider all the circumstances of the case when determining the proper weight to be given to an agreement between parties regarding division of assets.
TQ v TR and another appeal	High Court	Yes	[2009] 2 SLR(R) 961	Singapore	Cited for the principle that the court must consider all the circumstances of the case when determining the proper weight to be given to an agreement between parties regarding division of assets.
TND v TNC and another appeal	Court of Appeal	No	[2017] SGCA 34	Singapore	Cited regarding the adoption of an agreed date of valuation of matrimonial assets, but distinguished as not directly applicable to the present case.
ANJ v ANK	Court of Appeal	Yes	[2015] 4 SLR 1043	Singapore	Cited for the principle that the longer the marriage, the greater the indirect contributions tend to feature.
Chan Lung Kien v Chan Shwe Ching	High Court	Yes	[2018] 4 SLR 208	Singapore	Cited for the definition of the right of survivorship in a joint tenancy.
Shafeeg bin Salim Talib and another v Fatimah bte Abud bin Talib and others	Court of Appeal	Yes	[2010] 2 SLR 1123	Singapore	Cited for the principle that each of the two joint tenants possesses a concurrent interest in the whole such that on the death of one of the joint tenants, the sole interest in the whole remains to the survivor.
Chan Lung Kien v Chan Shwe Ching	High Court	Yes	[2018] 2 SLR 84	Singapore	Cited regarding the enjoyment of the right of a joint tenant to the right by survivorship is of course subject to there being no issue of severance arising in respect of the property

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) of the WC	Singapore
s 112(2)(e) of the WC	Singapore
s 112(1) of the WC	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Matrimonial Assets
Division of Assets
Matrimonial Flat
Direct Contributions
Indirect Contributions
Interim Judgment
Right of Survivorship
Joint Tenancy
Agreement
Weightage

15.2 Keywords

matrimonial assets
division of assets
family law
divorce
Singapore
Housing and Development Board flat
direct contributions
indirect contributions

17. Areas of Law

Area Name	Relevance Score
Family Law	95
Matrimonial Assets	95
Division of Matrimonial Property	95
Division	80
Contract Law	40
Evidence Law	30

16. Subjects

Family Law
Matrimonial Law
Asset Division