Before we dive into the depth, let’s first understand what are the matrimonial assets. Under the section 112(10) of the Women’ Charter, the matrimonial assets include Assets acquired by one or both parties during their marriage, assets used by both parties or one for their children or various purposes and assets acquired before the marriage but substantially improved in quality during the marriage. If you want to have a good estimate of how your assets will be divided in your divorce, hire a cheap divorce lawyer as the cost of divorce in Singapore is very high and competitive.

Assets that are not considered as matrimonial assets are:

• Gifts

• And, gifts that have not been substantially improved during the marriage.

Some common examples of matrimonial assets include car, savings, shares, businesses, jewelry, and the cash balance in the couple’s Central Provident Fund accounts. Another important matrimonial asset is the matrimonial home, in which both the parties and their kids (if any) are living together.

Gifts between spouses are considered as the matrimonial assets depending on the reason behind giving the gift.

How the matrimonial assets are divided between both the parties?

The court will consider various factors according to section 112(2) of the Women’s Charter, to get the fair results of dividing matrimonial assets between both the parties:

• The extent of financial contributions to the assets – the court will consider the financial involvement and contribution that has been done to maintain or improve the asset.

• The extent of non-financial contributions to the welfare of the family – the court will also consider the contribution towards the elderly family member. The extent will support to allow the other party to pursue his/her career.

• Debt owed – The court will take into consideration whether the debt was taken for the joint benefit of both parties, for child benefits, or individual needs.

• The needs of the child – the court will consider the party who will well take care and control of the child.

• Any agreements on the divisions of assets between the parties – Agreements include pre-nuptial and post-nuptial agreements.

• The financial independence of each party after divorce – The court will consider the financial condition of both parties by their working abilities and qualification.

• The needs of each party after divorce – the proportions for the division of matrimonial assets are determined on a case-by-case basis.

It is always recommended to take help from an experienced divorce lawyer who has handled many cases before and the cost of divorce in Singapore is also very high.

Length of the marriage

Indirect contributions are more remarkable in short marriages that do not involve children.

The size of the matrimonial assets

If the matrimonial assets are very big, then the direct contributions would be given more priority.

Procedure for Division of Assets

When divorce is granted, the court will give a date to both the parties for an Ancillary Matters Pre-Trial Conference (APTC). The APTC is an opening to the hearing of how the matrimonial assets will be divided between both parties, and it is conducted by a Deputy Registrar. It is attended in chambers, which means the hearing is closed to the public.

If there is no settlement between the parties, the Deputy Registrar will ask them to proceed to file an Affidavit of Assets and Means. Then, contested ancillary matters hearings will be conducted. If the net value of matrimonial assets is less than S$1.5 million, it will be held in the Family Court.

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