Nathan v Chin: Division of Matrimonial Assets in Divorce After 25 Years

In the High Court of Singapore, Quentin Loh J presided over the ancillary matters of the divorce between Anthony Patrick Nathan (the Husband) and Chan Siew Chin (the Wife). The case was transferred from the Family Court due to the matrimonial assets exceeding $1.5 million. After a 25-year marriage, the court addressed custody and care of the children, division of matrimonial assets valued at $4 million, and maintenance. The court apportioned the matrimonial assets 60:40 in favor of the Husband, ordering the sale of the matrimonial home with $1 million of the proceeds to be paid to the Wife. No maintenance was ordered for the Wife, but the Husband was to pay $123,877.77 for the children's maintenance.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Matrimonial assets apportioned 60:40 in favour of the Husband.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of $4M matrimonial assets after 25-year marriage. Court apportions assets 60:40 in favor of husband, orders sale of matrimonial home.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Anthony Patrick NathanPlaintiffIndividualPartialPartial
Chan Siew ChinDefendantIndividualPartialPartial

3. Judges

Judge NameTitleDelivered Judgment
Quentin LohJudgeYes

4. Counsels

Counsel NameOrganization
Harold Seet Pek HianHarold Seet & Indra Raj
Gwee Boon KimHoh Law Corporation

4. Facts

  1. The parties were married for 25 years and have two children.
  2. The Husband is a lawyer and the Wife was a nurse, later an entrepreneur.
  3. The couple ceased physical intimacy in mid-2002 and the Husband moved out in January 2005.
  4. The Husband filed for divorce in January 2007, and an interim judgment was granted on 30 October 2007.
  5. The matrimonial assets were valued at $4 million.
  6. The Wife did not provide surrender values for her insurance policies despite being asked by the court.
  7. The Husband was paying the utilities bills for the matrimonial home even after he moved out.

5. Formal Citations

  1. Anthony Patrick Nathan v Chan Siew Chin, Divorce Transferred No 342 of 2007, [2011] SGHC 210
  2. CX v CY (minor: custody and access), , [2005] 3 SLR(R) 690
  3. NK v NL, , [2007] 3 SLR(R) 743
  4. Yeo Chong Lin v Tay Ang Choo Nancy and another appeal, , [2011] 2 SLR 1157
  5. AJR v AJS, , [2010] 4 SLR 617
  6. Ong Boon Huat Samuel v Chan Mei Lan Kristine, , [2007] 2 SLR(R) 729
  7. Lock Yeng Fun v Chua Hock Chye, , [2007] 3 SLR(R) 520
  8. BG v BF, , [2007] 3 SLR(R) 233
  9. Au Kin Chung v Ho Kit Joo, , [2007] SGHC 150

6. Timeline

DateEvent
Parties registered their marriage
Son born
Daughter born
Couple ceased physical intimacy
Husband moved out of matrimonial home
Husband filed writ for divorce
Wife left position as Director of Nursing
BabyBreeze.Biz Pte Ltd incorporated
Interim judgment of divorce granted
BabyBreeze Confinement Nanny Pte Ltd incorporated
Ancillary matters heard before the High Court
Judgment given
Daughter turned 21
Grounds for decision given

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court apportioned the matrimonial assets 60:40 in favor of the Husband.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct financial contributions
      • Indirect financial contributions
      • Indirect non-financial contributions
    • Related Cases:
      • [2007] 3 SLR(R) 743
      • [2011] 2 SLR 1157
      • [2010] 4 SLR 617
      • [2007] 2 SLR(R) 729
      • [2007] 3 SLR(R) 520
  2. Maintenance for Children
    • Outcome: The court ordered the Husband to pay $123,877.77 to the Wife as maintenance for the children.
    • Category: Substantive
  3. Custody and Care and Control of Children
    • Outcome: The court made no order as to custody and care and control of the parties’ daughter.
    • Category: Substantive
    • Related Cases:
      • [2005] 3 SLR(R) 690

8. Remedies Sought

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

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
CX v CY (minor: custody and access)Court of AppealYes[2005] 3 SLR(R) 690SingaporeCited for the virtues of a “no custody order” over a “joint custody order”.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the two distinct methodologies when it comes to the division of matrimonial assets: the “global assessment methodology” and the “classification methodology”.
Yeo Chong Lin v Tay Ang Choo Nancy and another appealCourt of AppealYes[2011] 2 SLR 1157SingaporeCited for guidance on the operative date at which the matrimonial assets are to be determined or identified.
AJR v AJSHigh CourtYes[2010] 4 SLR 617SingaporeCited to explain that jointly owned assets should be valued at the date of the judgment on ancillary matters.
Ong Boon Huat Samuel v Chan Mei Lan KristineCourt of AppealYes[2007] 2 SLR(R) 729SingaporeCited to support the proposition that a party should not benefit from a profitable investment decision which he or she had no part in.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited to support that the division of matrimonial assets is not a mathematical exercise.
BG v BFCourt of AppealYes[2007] 3 SLR(R) 233SingaporeCited for the duty that every party to court proceedings owes to the court to make full and frank disclosure of all relevant information within his or her knowledge.
Au Kin Chung v Ho Kit JooHigh CourtYes[2007] SGHC 150SingaporeCited for the consequences for the breach of duties to make full and frank disclosure to the court.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women's Charter (Cap 353, 1997 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Interim Judgment of Divorce
  • Ancillary Matters
  • Custody
  • Care and Control
  • Maintenance
  • Apportionment
  • Direct Financial Contributions
  • Indirect Financial Contributions
  • Indirect Non-Financial Contributions
  • Operative Date
  • Global Assessment Methodology

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Singapore
  • Family Law
  • Asset Division
  • Child Maintenance
  • Spousal Maintenance

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets98
Division of Assets98
Family Law95
Divorce90
Maintenance90
Maintenance (Child)85
Maintenance (Wife)70
Child Custody60
Children's Welfare50

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Family Assets