Summary
In Singapore, matrimonial assets are divided based on just and equitable principles, considering both direct and indirect contributions. Assets acquired before marriage or received as gifts or inheritances are generally excluded unless substantially improved or used by the family. Notable cases like ANJ v. ANK and USB v. USA provide insights into asset division, including business assets. For specific legal advice, consulting a professional is advisable.Full Conversation
the division of matrimonial assets regarding properties (Housing) vs companies in Singapore
Hello Lynn,
To provide you with accurate information, could you please clarify if you are seeking guidance on the general principles of dividing matrimonial assets in Singapore, or if you have specific details about your situation that you need help with?
Thank you!
the general principles of dividing matrimonial assets
Hello Lynn,
Here are the general principles of dividing matrimonial assets in Singapore:
- **Just and Equitable Division**: The court aims for a fair division based on contributions by both parties.
- **Direct and Indirect Contributions**: Includes financial contributions (e.g., income, property purchase) and non-financial contributions (e.g., homemaking, childcare).
- **Length of Marriage**: Longer marriages may result in more equal distribution.
- **Needs of Children**: Consideration of the welfare and needs of any children involved.
- **Future Needs**: Each party's future needs and earning capacity.
If you need more detailed information or specific advice, please let me know!
is there any case law for division of a company?
Hello Lynn,
In Singapore, case law related to the division of matrimonial assets, including companies, can provide useful insights. Here are a few notable cases:
- **ANJ v. ANK [*] SGCA ***: Established the "structured approach" for division of assets, considering direct and indirect contributions.
- **TNL v. TNK [*] SGCA ***: Highlighted the importance of differentiating between matrimonial assets and non-matrimonial assets.
- **UBK v. UBM [*] SGCA ***: Discussed the treatment of business assets and the importance of contributions to the business.
For more specific information, consulting a legal professional is advisable.
when is an asset not considered in the matrimonial pool of assets
Hello Lynn,
In Singapore, an asset is generally not considered in the matrimonial pool of assets if:
- It was acquired before the marriage and not substantially improved or used by the family.
- It was received as a gift or inheritance and not substantially improved or used by the family.
If you need further details, please let me know!
could i have case law on the bottom point?
Hello Lynn,
Here are some notable cases in Singapore which discuss when an asset is not considered part of the matrimonial pool:
- **BPC v BPB [*] SGCA ***: Discussed assets acquired before marriage and their exclusion from the matrimonial pool if not substantially improved or used by the family.
- **USB v USA [*] SGCA ***: Addressed gifts and inheritances, emphasizing their exclusion unless substantially improved or used by the family.
If you need more specific case law or detailed advice, consulting a legal professional is recommended.