PKWA Law helps ex-husband to win Court of Appeal divorce case. Ex-husband wins 75% of $13.6 million in matrimonial assets, up from 25%.

PKWA Law helps client to win Court of Appeal case. Husband wins 75% of matrimonial assets, up from 25%

PKWA Law helps client to win complicated Court of Appeal case. Ex-Husband wins 75% of matrimonial assets, up from 25%.  Court of Appeal describes case as “complicated,” “challenging” and “highly unusual.”

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1 March 2020 – Family lawyers from PKWA Law, led by Deputy Head Ms Dorothy Tan and assisted by Ms Tan Rui Fen, have helped a client to win a “complicated”, “challenging” and “highly unusual” Court of Appeal case on division of matrimonial assets. The ex-husband won 75% of $13.6 million of the matrimonial assets, up from 25%.

The case TQU v TQT [2020] SGCA 08 is reported in the media entitled “‘Highly unusual’ marriage breakdown: Apex court grants husband 75% of S$13.6 million in matrimonial assets”.

The swing in percentage from 25% to 75% to the ex-husband is arguably one of the highest and most substantial reversals in appeal cases involving division of matrimonial assets.

The case was highly complex – the Court of Appeal’s decision is 60 pages long, and the apex court had described the case as “complicated,’ “challenging” and “highly unusual”.  The salient points of the case:

  • The case was highly contentious.  “Although this was a long marriage, the facts relating to the breakdown of the marriage were highly unusual… because of the sheer extent of conflict from 2001 onwards,” the three judges who heard the appeal wrote.
  • The wife had filed numerous complaints against her husband with the authorities. This included allegations that he had unlawfully sold medicine and bribed patients, which eventually led to him being charged (and acquitted) in court.
  • Between 2001 to 2016, she filed 3 divorce applications against the husband.
  • After an interim judgment of divorce was finally issued in 2016, a High Court judge awarded the husband 25 per cent of the matrimonial assets.
  • The husband then engaged PKWA Law to take his case to the Court of Appeal. PKWA Law’s team of family lawyers led by Dorothy Tan prepared, drafted and filed the Court of Appeal arguments and paperwork (including the Appellant’s Case, Record of Appeal, Skeletal Arguments and the Bundle of Authorities), with the husband appearing at the appeal hearing himself.
  • The Court of Appeal in a 60 page written judgment overturned the High Court decision and increased the husband’s share to 75%, up from 25%.
  • The assets – valued at about S$13.6 million in total – included nearly a dozen properties in Singapore, China and Malaysia, as well as shares in various listed companies.
  • A major point of contention was the source of the funds used to buy the properties. The wife alleged that they were acquired solely with income from a clinic her husband had opened, where she had helped out.
  • “Although this was a long marriage, the facts relating to the breakdown of the marriage were highly unusual… because of the sheer extent of conflict from 2001 onwards,” the three judges who heard the appeal wrote.
  • The judges also found that there was a “negative value” in the wife’s indirect contributions due to her misconduct in making the complaints, including the one that resulted in the husband’s criminal trial. “These acts of the wife amounted to harassment and undermined the co-operative partnership that marriage is intended to be,” the three judges said.

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PKWA Law’s team involved in this appeal was led by Senior Associate Director and Deputy Head of Family Law, Ms Dorothy Tan, and assisted by Ms Tan Rui Fen.

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Links:

‘Highly unusual’ marriage breakdown: Apex court grants husband 75% of S$13.6 million in matrimonial assets

Ex-hubby gets 75% of matrimonial assets after top court flips ratio – The Straits Times

Singapore Law Watch

https://www.supremecourt.gov.sg/docs/default-source/module-document/judgement/-2020-sgca-08-pdf.pdf

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ABOUT PKWA FAMILY LAW .

DIVORCE LAWYERS IN SINGAPORE

At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family and divorce lawyers by respected legal publications such as Benchmark Litigation Asia Pacific, Asian Legal Business, Singapore Business Review and Doyle’s Guide to Leading Singapore Family & Divorce Lawyers. 

Contact us at tel 6854-5336 for a free first consultation.

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