DIVISION OF ASSETS

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How will the assets accumulated during the marriage be fairly divided?

The division of matrimonial assets is often one of the most significant aspects of divorce. This division allows parties to move on with their lives, and start afresh.

There are generally two ways in which the Court would decide on the division of assets:

  1. ANJ v ANK approach – under this approach, parties’ direct financial contribution (i.e. their monetary contributions in acquisition of assets), as well as their indirect financial contributions (i.e. payment of household and children’s expenses) and their indirect non-financial contributions (i.e. caring for the children, cleaning the house) are taken into consideration.

  2. TNL v TNK approach – this approach is usually adopted in cases where one party has been the sole breadwinner, and the other party has been the homemaker. In a marriage along such traditional roles, the Court had held that the sole breadwinner could be unjustly advantaged if the ANJ v ANK approach were to apply. Instead, in cases where parties performed their roles along traditional lines, the Court considers the trend of decisions in previously decided cases to come up with a decision.

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Our team of lawyers has experience at all levels of the Court (including the Court of Appeal, the highest Court in Singapore) when it comes to the issue of division of matrimonial assets:

  • In a landmark Court of Appeal case, we successfully increased a client’s share of matrimonial assets from 25% to 75%, with the client obtaining $10.2million from an original decision of $3.4million. This is one of the largest increases on appeal in a divorce proceeding.

  • In a recent High Court matter, we successfully acted for our client in securing 34% of the matrimonial asset pool with a value of more than $8million. The Court agreed to exclude our client’s inheritance monies from division, and decided that sole care and control of the children should be granted to our client.

  • In another recent High Court matter, our lawyers acted for the client in securing 72.5% of the matrimonial assets, which amounted to more than $2.7million in a matrimonial pool of assets worth about $3.7million.

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& OUR FEES

We focus on developing a clear strategy — whether through negotiation or litigation — to achieve a fair and well-supported outcome.

Fees are discussed after an initial consultation, depending on the complexity of the matter.

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