TQ v TR: Division of Matrimonial Assets, Child Custody, and Domicile Dispute

In TQ v TR, the High Court of Singapore addressed ancillary matters following a divorce, including custody, care and control of the children, maintenance, and division of matrimonial assets. The court, presided over by Choo Han Teck J, granted joint legal custody to both parents but placed care and control with the petitioner, TQ. The court also ordered the respondent, TR, to pay monthly maintenance for the children and a lump sum to the petitioner. A key issue was the enforceability of a prenuptial agreement stipulating no community of marital property, which the court ultimately upheld, resulting in no division of matrimonial assets.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Joint legal custody granted to both parents, care and control to the petitioner (TQ). Prenuptial agreement upheld; no division of matrimonial assets ordered.

1.3 Case Type

Family

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

High Court case involving TQ and TR concerning division of matrimonial assets, child custody, and domicile. The court addressed a prenuptial agreement and custody arrangements.

1.7 Decision Date

10 July 2007

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
TQ	Petitioner	Individual	Care and control of children granted	Won	Foo Siew Fong of Harry Elias Partnership
TR	Respondent	Individual	Joint legal custody granted	Partial	Quek Mong Hua of Lee & Lee Tan Siew Kim of Lee & Lee

3. Judges

Judge Name	Title	Delivered Judgment
Choo Han Teck	Judge	Yes

4. Counsels

Counsel Name	Organization
Foo Siew Fong	Harry Elias Partnership
Quek Mong Hua	Lee & Lee
Tan Siew Kim	Lee & Lee

4. Facts

The petitioner and respondent met in London in 1988 and married in the Netherlands in 1991.
The parties executed a prenuptial agreement stating there would be no community of marital property.
The respondent worked in Singapore from September 1997, and the petitioner and children joined him a month later.
The petitioner left the matrimonial home in October 2003 and filed for divorce in March 2004.
The couple has three children, including a daughter with a chromosome disorder requiring constant care.
The respondent wished to have the children educated in the Netherlands, where he claimed they would receive financial benefits.
The petitioner expressed concerns about the education system in the Netherlands and her desire to remain in Singapore.

5. Formal Citations

TQ v TR, DT 829/2004, [2007] SGHC 106

6. Timeline

Date	Event
1988-01-01	Petitioner and respondent met in London.
1991-08-26	Prenuptial agreement executed in the Netherlands.
1991-09-13	Petitioner and respondent married in Wassenaar, Netherlands.
1997-09-01	Respondent came to Singapore to work.
1997-10-01	Petitioner and children arrived in Singapore.
2003-10-01	Petitioner left the matrimonial home.
2004-03-15	Petitioner filed for divorce.
2004-04-14	Respondent cross-petitioned for divorce.
2004-11-08	Interim maintenance order made.
2005-04-19	Decree nisi made.
2005-04-06	Order for costs made.
2005-10-10	Order for costs made.
2007-07-11	Judgment reserved.

7. Legal Issues

Domicile
- Outcome: The court determined that the petitioner's domicile was not the Netherlands.
- Category: Jurisdictional
Custody
- Outcome: The court granted joint legal custody to both parents but placed care and control with the petitioner.
- Category: Substantive
Division of Matrimonial Assets
- Outcome: The court upheld the prenuptial agreement, resulting in no division of matrimonial assets.
- Category: Substantive

8. Remedies Sought

Custody of children
Maintenance for petitioner and children
Division of matrimonial assets

9. Cause of Actions

Divorce

10. Practice Areas

Divorce
Family Law
International Law

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Women’s Charter	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Prenuptial agreement
Domicile
Custody
Care and control
Matrimonial assets
Best interests of the child

15.2 Keywords

Divorce
Child Custody
Matrimonial Assets
Prenuptial Agreement
Singapore
Family Law

17. Areas of Law

Area Name	Relevance Score
Family Law	95
Division of Matrimonial Property	90
Matrimonial Assets	90
Divorce	80
Prenuptial Agreement	75
Child Custody	70
Child Support	65
Conflict of Laws	60
Domicile	50
Constitutional Law	10

16. Subjects

Family Law
Divorce
Matrimonial Assets
Child Custody