WXW v WXX: Division of Matrimonial Assets in Long Single-Income Marriage
In WXW v WXX, the Family Division of the High Court of Singapore addressed the division of matrimonial assets in a divorce case. The court, presided over by Justice Teh Hwee Hwee, determined that the 34-year marriage was a long single-income marriage, with the Wife as the primary breadwinner and the Husband as the primary homemaker. The court divided the matrimonial assets, valued at S$7,795,484.21, in a 60:40 ratio in favor of the Wife.
1. Case Overview
1.1 Court
Family Division of the High Court1.2 Outcome
Pool of matrimonial assets divided 60:40 in favor of the Wife.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on division of matrimonial assets in a divorce case, determining it was a long single-income marriage.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| WXW | Plaintiff | Individual | Division of matrimonial assets 60:40 in her favor | Partial | Aye Cheng Shone, Natasha Choo Sen Yew |
| WXX | Defendant | Individual | Division of matrimonial assets 40:60 against him | Partial | Jonathan Wong |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Teh Hwee Hwee | Judge of the High Court | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Aye Cheng Shone | A C Shone & Co |
| Natasha Choo Sen Yew | A C Shone & Co |
| Jonathan Wong | Tembusu Law LLC |
4. Facts
- The Wife and Husband were married for 34 years and 8 months.
- The Wife worked full-time throughout the marriage and earned a gross monthly salary of S$32,541.67.
- The Husband left his full-time job in banking in 1997 and engaged in various business undertakings.
- The Husband was the primary caregiver for the children and managed the household.
- The Matrimonial Property was sold for S$6,200,000 with an outstanding housing loan of S$2,792,008.33.
- The Wife took out loans to finance personal investments and an AIA Platinum Legacy Policy.
- The parties had differing views on the value of the matrimonial assets and the division ratio.
5. Formal Citations
- WXW v WXX, Divorce (Transferred) No 3411 of 2022, [2024] SGHCF 24
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Husband left his full-time job in banking | |
| Interim Judgment granted | |
| Matrimonial Property sold | |
| Hearing date | |
| Judgment reserved | |
| Judgment date |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined that the matrimonial assets should be divided in a 60:40 ratio in favor of the Wife.
- Category: Substantive
- Sub-Issues:
- Determination of direct and indirect contributions
- Valuation of matrimonial assets
- Inclusion of liabilities in the pool of matrimonial assets
- Related Cases:
- [2015] 4 SLR 1043
- [2017] 1 SLR 609
- Classification of Marriage as Single-Income or Dual-Income
- Outcome: The court classified the marriage as a long single-income marriage, with the Wife as the primary breadwinner and the Husband as the primary homemaker.
- Category: Substantive
- Sub-Issues:
- Assessment of each spouse's primary role
- Impact of intermittent employment on homemaker status
- Consideration of financial contributions to matrimonial properties
- Related Cases:
- [2017] 1 SLR 609
- [2017] 4 SLR 921
8. Remedies Sought
- Division of Matrimonial Assets
- Determination of Contributions to Matrimonial Assets
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
10. Practice Areas
- Divorce
- Family Law
- Asset Division
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| ANJ v ANK | Singapore Law Reports | Yes | [2015] 4 SLR 1043 | Singapore | Cited regarding the structured approach for division of matrimonial assets in dual-income marriages. |
| TNL v TNK and another appeal and another matter | Singapore Law Reports | Yes | [2017] 1 SLR 609 | Singapore | Cited regarding the framework for division of matrimonial assets in single-income marriages. |
| NK v NL | Singapore Law Reports | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for the principle that both the roles of breadwinner and homemaker are equally fundamental to the well-being of a marital partnership. |
| UBM v UBN | Singapore Law Reports | Yes | [2017] 4 SLR 921 | Singapore | Cited for the interpretation of 'Single-Income Marriage' and the qualitative assessment of roles played by each spouse. |
| WAS v WAT | Singapore High Court (Family Division) | Yes | [2022] SGHCF 7 | Singapore | Cited regarding the treatment of loans taken out by one party for personal use in a dual-income marriage. |
| Yow Mee Lan v Chen Kai Buan | Singapore Law Reports | Yes | [2000] 2 SLR(R) 659 | Singapore | Cited as an example of a long single-income marriage where the wife committed herself to looking after the home and the children. |
| DBA v DBB | High Court of Singapore (Appellate Division) | Yes | [2024] SGHC(A) 12 | Singapore | Cited regarding the applicability of the TNL v TNK approach in single-income marriages and the division ratio. |
| BPC v BPB and another appeal | Singapore Law Reports | Yes | [2019] 1 SLR 608 | Singapore | Cited for the general tendency towards an equal division of matrimonial assets in long single-income marriages. |
| WPN v WPO | Singapore High Court (Family Division) | Yes | [2023] SGHCF 38 | Singapore | Cited for the principle that there is no presumption of equal division in long single-income marriages. |
| UYP v UYQ | Singapore Law Reports | Yes | [2020] 3 SLR 683 | Singapore | Cited for the principle that there is no presumption of equal division in long single-income marriages. |
| Tan Hwee Lee v Tan Cheng Guan | Singapore Law Reports | Yes | [2012] 4 SLR 785 | Singapore | Cited as a case where the courts have awarded a homemaker anywhere from 35% to 50% of the pool of matrimonial assets. |
| Chan Tin Sun v Fong Quay Sim | Singapore Law Reports | Yes | [2015] 2 SLR 195 | Singapore | Cited as a case where the courts have awarded a homemaker anywhere from 35% to 50% of the pool of matrimonial assets. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Singapore Law Reports | Yes | [2011] 2 SLR 1157 | Singapore | Cited as an example of exceptional facts where the pool of matrimonial assets is unusually large. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter 1961 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Single-Income Marriage
- Dual-Income Marriage
- Homemaker
- Breadwinner
- Division Ratio
- Direct Contributions
- Indirect Contributions
15.2 Keywords
- Divorce
- Matrimonial Assets
- Asset Division
- Family Law
- Singapore
- Single-Income Marriage
- Dual-Income Marriage
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Asset Division
17. Areas of Law
- Family Law
- Matrimonial Assets
- Division of Matrimonial Assets