PKWA Law Wins Landmark Case at Court of Appeal: Husband’s Share of Matrimonial Assets Increased to 75%, up from 25% of $13.6 Million
Family lawyers from PKWA Law successfully represented a client (the husband) in a significant Court of Appeal case regarding the division of matrimonial assets.
Initially, the husband had received only 25% of the S$13.6 million in matrimonial assets. Dissatisfied with this outcome, he engaged the family law team at PKWA Law to handle his appeal. Our team’s efforts resulted in the husband securing 75% of the matrimonial assets, a dramatic increase. This represents one of the most substantial reversals on the division of matrimonial assets on appeal in recent history.
The Court of Appeal, consisting of Judge of Appeal Judith Prakash and Justices Belinda Ang and Woo Bih Li, issued a comprehensive 60-page decision on February 25, 2020. The case, TQU v TQT [2020] SGCA 08, was described by the judges as “complicated”, “challenging”, and “highly unusual”.
Case Summary:
The case was intensely contentious, with a long marriage marked by significant conflict since 2001. The wife had filed multiple complaints against her husband, including allegations of unlawful activities, leading to criminal charges from which he was acquitted. Between 2001 and 2016, she initiated three divorce proceedings against him.
Following an interim judgment of divorce in 2016, the High Court awarded the husband 25% of the matrimonial assets. Dissatisfied, the husband enlisted PKWA Law to appeal the decision. PKWA Family lawyers prepared and submitted the necessary appellate documents. The husband represented himself at the appeal hearing.
In a decisive 60-page judgment, the Court of Appeal overturned the High Court’s decision, increasing the husband’s share of the assets to 75%. The assets, valued at approximately S$13.6 million, included nearly a dozen properties across Singapore, China, and Malaysia, as well as shares in various listed companies.
Key Issues:
Source of Funds and Contributions:
The wife claimed the properties were acquired with income from a clinic operated by the husband, where she had assisted, and asserted her indirect contributions were significant. However, the Court found her indirect contributions had a “negative value” due to her misconduct, which included harassment and undermining the marital partnership.
Operative Dates for Asset Valuation:
PKWA Law argued that the operative date for determining and valuing the matrimonial assets should be June 28, 2010, with valuation dates proposed as March 2006, December 2001, or December 2010. The High Court had erred in including properties gifted from the husband’s parents and properties no longer in existence as matrimonial assets.
Direct and Indirect Contributions:
The Court found that the primary source of funds for the properties was the husband’s gifts or inheritance, not clinic income. The husband was responsible for the children’s care, and the wife’s contributions were minimal, leading to a ratio of indirect contributions at 90:10 in favor of the husband.
Wife’s Misconduct:
The Court acknowledged the wife’s actions caused harm to the children and involved the family in constant legal disputes, further justifying a higher allocation of assets to the husband.
Equal Division Reconsidered:
The Court of Appeal rejected the notion of an equal division of assets, recognising the husband’s significantly greater contributions throughout the marriage.
This landmark decision underscores the importance of evaluating the specific circumstances and contributions of each party in matrimonial disputes, affirming that equal partnership in marriage does not always equate to equal division of assets.
Conclusion:
The successful appeal by PKWA Law highlights the firm’s dedication to achieving fair outcomes for clients in complex matrimonial cases. This case sets a precedent in Singapore family law, emphasising the need for detailed consideration of all factors influencing the division of matrimonial assets.
Contact PKWA Law today to find out how our family law team can assist you with your family law matters.
