Chua Cheng Thian v Tan Bek Noi

• Jurisdiction: Singapore
• Judge: Regina Ow-Chang Yee Lin
• Judgment Date: 29 January 2001
• Neutral Citation: [2001] SGDC 30
• Published date: 19 September 2003
• Year: 2001
• Citation: [2001] SGDC 30
• Court: District Court (Singapore)

Judgment

GROUNDS OF DECISION

Background

1 The petitioner ("husband") and the respondent ("wife") registered their marriage at the Singapore Marriage Registry on 28 December 1981. They had two sons, Chua Song Min Leslie and Chua Song Guan born on 17 February 1983 and 2 May 1988, respectively. Sometime in February 1996, the husband starting living separately from the wife and the children. On 6 August 1996, the husband filed a petition for divorce on the ground that the marriage had broken down irretrievably in that the wife had behaved in such a way that the husband cannot reasonably be expected to live with her. The wife contested the Petition and after a 7-day trial, the Decree Nisi was granted on 19 November 1997. An interim supervised access order in respect of the Petitioner’s access to the children was made at the Decree Nisi hearing and the issues of custody and access of the children, maintenance for the wife and the children, the division of the matrimonial assets and the costs of the ancillary hearing were adjourned to be heard in chambers.

2 The ancillary matters came up for hearing before me on 11 December 2000. After reviewing the evidence in the affidavits filed by the wife and the husband, and submissions from Ms Lim Poh Choo for the husband and Ms Tan Lay Keng for the wife, I made the following orders -

1) By consent, the custody, care and control of the two children of the marriage, Chua Song Min Leslie and Chua Song Guan to the Respondent with access to the Petitioner as follows: alternate Sundays from 12 noon to 2 p.m. Children to be picked up and dropped off at the void deck of Block 401, Tampines St 44. Liberty to vary the access times by application to the court or by agreement of the parties. 2) The Petitioner to pay maintenance of $1,000.00 for 2 children ($600.00 for the eldest son and $400.00 for the youngest son) and $150.00 for the Petitioner with effect from 15 December 2000 and thereafter on the 15^th day of every month. Payment to the Respondent’s Post Office Savings Bank Account Number 194-10777-3; 3) The matrimonial property at Block 243 Simei Street 5 #04-08, Singapore 520243 be sold in the open market and the proceeds of sale after deducting the outstanding loan and costs and expenses relating to the sale be divided in the proportion of 80% to the Petitioner and 20% to the Respondent Petitioner to refund his CPF account the monies utilised for the purchase of the matrimonial property, together with accrued interest from his share of the proceeds of sale;4) The matrimonial property to be sold within 3 months of the Decree Nisi Absolute. The Petitioner to have conduct of sale;5) The amount of $162,873.76 in UOB account 138-113-140-3 as at 1 August 1997 be divided equally between the parties After offsetting the amounts withdrawn by the parties on 1 August 1997, the Petitioner shall receive $46,636.88 and the Respondent, $80,936.88. The interest accrued for the period 1 August 1997 to the day the account is closed be divided in the proportion 36% to the Petitioner and 64% to the Respondent;6) The Respondent to pay costs of the ancillary matters fixed at $1,000.00 from her share of the matrimonial assets;7) Liberty to apply; and8) The parties and the two children to attend a Parenting Workshop to be fixed by the Court.

3 The wife filed an appeal against order 3 above.

The Decision

4 The applicable section for the division of matrimonial property is section 112 of the Women's Charter (1997 Edition). Section 112(1), and (2) provides as follows:

112.-(1) The court shall have power, when granting or subsequent to the grant of a decree of divorce, judicial separation or nullity of marriage, to order the division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset in such proportions as the court thinks just and equitable.

(2) It shall be the duty of the court in deciding whether to exercise it powers under subsection (1) and, if so, in what manner, to have regards to all the circumstances of the case, including the following matters:

(a) the extent of the contributions made by each party in money, property or work towards the acquiring, improving or maintaining the matrimonial assets;

(b) any debt owing or obligation incurred or undertaken by either party for their...