Jnn v Pmn

The court agreed with Kiage, JA in P.N.N. v Z.W.N. that neither the Constitution nor the Matrimonial Property Act prescribes 50-50 sharing. Parliament instead enacted the principle that division is based on respective contributions. However, on the facts, after 33 years of a home-maker wife's direct and indirect contributions, the equal division reached by the trial court was upheld.

Relying on section 2 of the Matrimonial Property Act, which defines contribution to include domestic work, child care, companionship, management of family business and farm work, the court held it would be a travesty to penalise the respondent for a joint decision to swap her salaried job for home-making. Her supervising construction and growing the family property portfolio were creditable contributions.

The court adopted the Singaporean Court of Appeal's structured approach in A.N.Y. v A.N.K., holding that due recognition must be accorded to each party's contribution without over- or under-compensating indirect contributions. Applying it, both spouses were found to have made monetary and non-monetary contributions, justifying equal shares.

The appellant had sold two properties to third parties and transferred six parcels to EM, with whom he was cohabiting. The court held that since these were acquired during coverture and both spouses had contributed, the respondent was entitled to equal shares of their current value; the appellant's attempt to remove them from distribution could not succeed.