SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Petrina Tan, Bih Li & Lee LLP
the filing of the FAAs (assuming that both par - ties file their FAAs on the same day), unless one party files an application for disclosure against the other party. This application for the discovery of documents or to administer interrogatories following the fil - ing of the FAA may be made with the underlying objective of unearthing documents and informa - tion that may lead to assets previously undis - closed in the FAA. 2.3 Division of Assets Approach to Division The court’s approach to the division of matri - monial assets will largely depend on the nature and type of marriage. The two key criteria are whether it was a dual-income or single-income marriage and the length of the marriage. The court also considers the direct financial contri - butions and indirect contributions (both financial and non-financial) of the parties in ascertaining a just and equitable division. In dual-income marriages, the leading case is that of ANJ v ANK (2015) 4 SLR 1043, which sets out the following steps. • Ascribe a ratio that represents each party’s direct contributions (ie, monetary contribu - tions) to the acquisition or improvement of the matrimonial assets, relative to the other party. • Ascribe a second ratio which represents each party’s indirect contribution (counting both indirect financial and indirect non-financial contributions) to the well-being of the family, relative to the other party. • Using both ratios, the court derives each par - ty’s average percentage contribution to the family, which will form the basis to dividing the matrimonial assets (subject to any further
adjustments depending on the circumstances of the case). In long, single-income marriages, the division of matrimonial assets would tend towards equality (TNL v TNK and another appeal, and another matter (2017) 1 SLR 609). Financial Orders The courts are afforded a wide range of options when deciding the financial orders to be made in regulating or reallocating marital assets. A non- exhaustive list of options includes: • the sale of immovable property and division of net sale proceeds; • the transfer of one spouse’s share in an immovable property to another upon payment of a specified sum; • the transfer of financial assets (eg, shares) to the other spouse; • the payment of a lump sum; and • orders for maintenance (as discussed in 2.4 Spousal Maintenance ). The factors listed in Section 112(2) of the Wom - en’s Charter 1961 are key considerations when deciding what orders should be made with respect to the division of matrimonial assets. These factors are: • the contributions of each party in money, property or work done towards acquiring, improving or maintaining the matrimonial assets; • any debts or obligations incurred by either party for the parties’ joint benefit or for the benefit of a child of the marriage; • the needs of any children of the marriage; • the contributions of each party to the welfare of the family;
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