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    10:48 PM Martin Kwan (LLB (Lond.), LLM (LSE))

    Can a wife consider her husband’s family business obtained from his father as a “matrimonial asset”?

    In the recent Court of Appeal decision of UEQ v UEP [2019] SGCA 45, the issue was whether, on divorce, the husband’s shares of the family business received from his father as a gift can be treated as a “matrimonial asset” for division. This case has profound impact, as the legal principle applies equally to gifted or inherited family businesses and provides valuable insights on the entitlement of ...

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    11:26 PM Tan Zhi Xiang (Justices’ Law Clerk)

    Cohabitation before marriage – do those years count?

    The courts have a broad discretion to divide matrimonial assets in divorce proceedings. They must consider “all the circumstances of the case”, including a list of factors set out in s 112(2) of the Women’s Charter (Cap 353, 2009 Rev Ed) (“the Charter”). Such circumstances include parties’ direct contributions (e.g. moneys paid to acquire assets such as the matrimonial home) and indirect contribut...

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    07:29 PM Lee Zhe Xu (LL.B (NUS), LL.M (Boston))

    When is an Ouster Clause Ousted?

    An ouster clause is a statutory provision which prima facie prohibits judicial review of the exercise of the discretionary powers of the Executive to which they relate: Per Ah Seng Robin v Housing and Development Board [2016] 1 SLR 1020 (“Robin Per”) at [63]. The issue of whether and to what extent an ouster clause can effectively oust judicial review of executive discretion has not been conclusiv...

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    10:22 PM Leo Zhi Wei (LLB (London School of Economics), BCL (Oxon), Advocate & Solicitor; Supreme Court of Singapore)

    Dishonest spouses beware: Developments in the law on fraudulent non-disclosure in matrimonial proceedings

    The decision in BMI v BMJ [2017] SGHC 112 (“HC”), which was affirmed on appeal in BMI v BMJ [2017] SGCA 63 (“CA”), marks a watershed development in matrimonial law (both decisions will be collectively referred to as “BMI”). BMI establishes the principle that an ex-spouse who has been the victim of fraudulent non-disclosure during divorce proceedings will have the right to set aside the existing di...

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    01:04 AM Tan Zhi Xiang (LLB, King's College London)

    Fairness for Divorcing Homemakers? – TNL v TNK and another appeal and another matter [2017] SGCA 15

    It has long been recognised that marriage is a partnership of equals. As the Court of Appeal noted in NK v NL [2007] 3 SLR(R) (“NK”) “[t]he contributions of both spouses are equally recognised whether he or she concentrates on the economics or homemaking role (NK at [20]). However, how does one give effect to this principle when dividing matrimonial assets in a divorce? The different methodologies...