UZM v UZN: Division of Matrimonial Assets and Wife's Maintenance in Divorce
In the divorce case of UZM v UZN, the Family Division of the High Court of Singapore, presided over by Tan Puay Boon JC, addressed the division of matrimonial assets and maintenance for the Wife. The Interim Judgment was granted on 24 March 2016. The court determined the ratio for asset division to be 60:40 in favor of the Husband and ordered the Husband to transfer $391,068.47 to the Wife. Additionally, the court ordered the Husband to pay the Wife monthly maintenance of $3,000.00 for 18 months.
1. Case Overview
1.1 Court
High Court (Family Division)1.2 Outcome
Orders made for division of matrimonial assets and monthly maintenance to the Wife.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case concerning the division of matrimonial assets and maintenance for the wife. The court determined the asset division ratio and ordered monthly maintenance.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tan Puay Boon | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The Husband and Wife were married on 21 May 2000 and there are no children from the marriage.
- The Husband filed for divorce on 14 November 2014, citing the parties' behavior made it unreasonable to live together.
- The Wife filed a defence and counterclaim on 16 December 2014.
- The Interim Judgment was granted on 24 March 2016.
- The Husband is a lawyer and equity partner at [P] LLP, established in 2010.
- The Wife was employed as a manager at [P] LLP from 2010 until August 2013.
- The Wife purchased two properties in 2012, the 16G Property and the 18G Property.
- The WP Property was previously held in joint tenancy between the Husband and his father after the father included the Husband as a joint tenant by way of a gift in June 2006.
5. Formal Citations
- UZM v UZN, Divorce (Transferred) No 5309 of 2014, [2019] SGHCF 26
6. Timeline
| Date | Event |
|---|---|
| Husband and Wife married | |
| Husband's father created a joint tenancy with the Husband alone in WP Property | |
| Husband became a partner of M/S [T] & Co | |
| Wife joined [P] LLP as a manager | |
| Husband established [P] LLP | |
| Husband entered into a term loan of $500,000.00 against the WP Property | |
| Mortgage loan for the 18G Property was taken out | |
| Wife discovered evidence of Husband’s adultery | |
| Husband dismissed Wife from [P] LLP | |
| Wife permanently moved out from the WP Property | |
| Husband filed a writ for divorce | |
| Wife filed a defence and counterclaim | |
| Interim judgment granted | |
| Wife's sale of the 16G Property was completed | |
| Husband sold car at $50,000.00 | |
| Husband’s father severed the joint tenancy in WP Property | |
| Ancillary matters hearing | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court determined the ratio for asset division to be 60:40 in favor of the Husband after drawing an adverse inference against him for failure to fully disclose assets.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect contributions
- Dissipation of assets
- Adverse inference for failure to disclose assets
- Maintenance for Wife
- Outcome: The court ordered the Husband to pay the Wife monthly maintenance of $3,000.00 for a period of 18 months.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Monthly maintenance
- Wife's earning capacity
- Standard of living during marriage
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for the Wife
- Costs
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Asset Division
- Maintenance Claims
11. Industries
- Legal
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| UDA v UDB and another | Court of Appeal | Yes | [2018] 1 SLR 1015 | Singapore | Cited for the options available to the court and spouses when a third party legally owns the property. |
| TNL v TNK and another appeal and another matter | Court of Appeal | No | [2017] 1 SLR 609 | Singapore | Cited for guidelines on how allegations of wrongful dissipation are to be addressed. |
| BOR v BOS and another appeal | Court of Appeal | Yes | [2018] SGCA 78 | Singapore | Cited for the principle that the court should not draw an adverse inference unless there is a prima facie case and the person has access to the information. |
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the principle that where a party fails to make full disclosure of assets, the court can give a value to the undisclosed assets or give a higher percentage of the disclosed assets to the other party. |
| Chan Tin Sun v Fong Quay Sim | Unknown | Yes | [2015] 2 SLR 195 | Singapore | Cited for the principle that where the appropriated sum or value of the undeclared asset is known, that sum or value should be added back to the matrimonial pool for division. |
| Lim Keng Hwa v Tan Han Chuah | Unknown | Yes | [1996] 3 SLR(R) 536 | Singapore | Cited for the principle that a partnership interest is a matrimonial asset subject to division. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited for the structured approach for the division of assets, premised on the parties’ contributions to the marriage. |
| BON and others v BOQ | Court of Appeal | No | [2018] 2 SLR 1370 | Singapore | Cited for the principle that cash gifts provided by the husband’s father for the husband and wife to purchase and renovate their matrimonial home were joint gifts to the couple, and not to the husband alone. |
| Cytec Industries Pte Ltd v APP Chemicals International (Mau) Ltd | Unknown | Yes | [2009] 4 SLR(R) 769 | Singapore | Cited for the principle that communications in the course of negotiations genuinely aimed at settlement of a dispute are protected by “without prejudice” privilege. |
| Pang Rosaline v Chan Kong Chin | Unknown | Yes | [2009] 4 SLR(R) 935 | Singapore | Cited for the principle that even though she was assisted by domestic helpers during the marriage, she would have taken on some managerial role to ensure the smooth running of the household (with all the accompanying logistical requirements). |
| UFU (M.W.) v UFV | High Court (Family Division) | Yes | [2017] SGHCF 23 | Singapore | Cited for the principle that legal fees cannot be deducted from the matrimonial pool |
| ATE v ATD and another appeal | Court of Appeal | Yes | [2016] SGCA 2 | Singapore | Cited for the principle that the court will take into account a wife’s share of the matrimonial assets upon division when assessing the appropriate quantum of maintenance to be ordered |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| s 36G(1) of the Legal Profession Act (Cap 161, 2009 Rev Ed) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112 of the Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
| s 112(10) of the Women’s Charter | Singapore |
| s 112(10)(b) of the WC | Singapore |
| s 114(1) of the WC | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Division of Assets
- Maintenance
- Interim Judgment
- Direct Contributions
- Indirect Contributions
- Adverse Inference
- Wrongful Dissipation
- Partnership Interest
- Tenants-in-common
15.2 Keywords
- Divorce
- Matrimonial Assets
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Maintenance (Wife) | 80 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Maintenance