- Matrimonial assets are mainly assets acquired during the marriage, plus some acquired before it.
- Gifts and inheritances are generally excluded, unless they became the matrimonial home or were substantially improved during the marriage.
- The court divides the pool in a way it considers just and equitable, weighing direct and indirect contributions.
- In long marriages with a single income earner, courts generally start from an equal division.
Agreement or a court decision
Many couples agree on how to divide their assets, often with help from mediation. Agreed terms can be recorded in a consent order, which can be enforced like any other court order. If the spouses cannot agree, the court decides as part of the ancillary matters.
Step one: what counts as a matrimonial asset
Under the Women's Charter, matrimonial assets include:
- assets of any kind acquired during the marriage by either or both spouses
- assets acquired before the marriage that were ordinarily used or enjoyed by the family while living together, for example as a home or for transport
- assets acquired before the marriage that were substantially improved during it by either or both spouses
In practice the pool often includes the matrimonial home, savings and bank accounts, investments, CPF monies and business interests. A flat used as the matrimonial home can be a matrimonial asset even if it is in one spouse's sole name.
Gifts and inheritances received by one spouse are generally not matrimonial assets, unless they became the matrimonial home or were substantially improved during the marriage.
Each spouse must disclose their assets, liabilities, income and expenses in sworn statements. Where one spouse has not fully disclosed their assets, the court can add the value of the hidden assets back to the pool.
Step two: dividing the pool
The court divides matrimonial assets in the proportion it considers just and equitable. There is no fixed formula, but for marriages where both spouses worked, the courts commonly use a structured approach set out by the Court of Appeal in ANJ v ANK:
- First, a ratio for each spouse's direct financial contributions to acquiring or improving the assets.
- Second, a ratio for each spouse's indirect contributions to the family, such as homemaking, childcare, supporting the other's career, and paying household bills.
- Third, the two ratios are averaged.
- Finally, the court may adjust the result to reach a fair outcome, taking into account factors listed in the Women's Charter.
Where records of contributions are incomplete, the court takes a broad approach, using the evidence available. The approach is a guide rather than a strict calculation.
Long single-income marriages
In TNL v TNK, the Court of Appeal decided that the structured approach should not be applied to long marriages where one spouse earned the income and the other kept the home. In those cases the courts generally start from an equal division, unless the facts call for something different.
Timing and valuation
Firms explain that assets are usually valued around the date of the ancillary matters hearing. Because the marriage only ends at Final Judgment, assets acquired after the breakdown but before that point may still be counted.
HDB flats
An HDB flat is often the main asset. Common outcomes include selling the flat and dividing the proceeds, or transferring it to one spouse, with or without refunds to CPF. If the minimum occupation period has not been met, the options are narrower and HDB's own rules come into play, so it is worth checking with HDB and CPF early.
This guide is general information only. The division in any particular case depends on its facts and evidence.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with a lawyer at the firm.
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