What constitutes “Matrimonial Assets” in Divorce Proceedings?
1. Overview

After the Court grants the interim divorce, you will reach the Ancillary stage of the divorce. At this stage, the Court will be deciding on how the Matrimonial Assets should be divided between you and your spouse by making orders as to the division of the matrimonial assets and the proceeds of the sale of the assets.

2. Definition of Matrimonial Assets


2.1 Assets that are included

Matrimonial Assets is defined in Section 112(10) of the Women’s Charter as:

(a) Any asset acquired before the marriage by you, your spouse or both you which was:

Ordinarily used or enjoyed by both of you or one or more of your children while all of you are residing together for shelter, transportation, household, education, recreational, social or aesthetic purposes; or

Substantially improved during the marriage by your spouse or both of you, and

(b) Any other asset of any nature acquired during the marriage by you, your spouse or both of you.

Examples of such assets may include:
• The matrimonial home
• Investment properties
• Business assets
• Cash balances in your respective bank accounts
• Your CPF cash balance
• Cars
• Insurance policies
• Jewellery
• Country club memberships

2.1.1 Assets located abroad

The courts have included assets located abroad as being divisible.

2.2 Assets that are excluded, however, matrimonial assets do not include the following:

(a) Any asset that has been acquired through gifts or inheritance; and

(b) Assets which have not been substantially improved during the marriage by your spouse or both of you

It is important to note that a piece of property does not qualify as being a ‘gift’ if it was a gift from the third party to both spouses.

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