Wondering how your income status could shape the division of assets in a divorce? In Singapore, the distinction between single-income and dual-income marriages isn’t just a financial detail—it’s a game-changer in asset division during Syariah divorce proceedings.
In this special series on division of matrimonial assets, we learn how the Syariah courts find ways to deal with these matters (yes, there are different methods), based upon fair play and not forgetting each parties’ financial and non-financial contributions.
Here’s a simple breakdown of what these terms mean and how they affect asset division.
Dual-Income Marriages
A dual-income marriage is one where both spouses work and contribute financially to the household. Since both partners are bringing in money, their financial contributions are considered alongside their non-financial contributions, like taking care of the home or children.
In these cases, the courts use the structured approach (from the case ANJ v ANK). This method involves carefully considering how much each person contributed both directly (through income) and indirectly (through managing the household, childcare, etc.). The court will assign percentages to each spouse ensuring that both roles are respected.
This one of the example from previous cases of how the courts have divided assets:
- ANJ v ANK [2015] SGCA 34: The couple was married for 15 years with two children. Though both are working, the husband earned more, while the wife mainly managed childcare and the household. The court awarded 60% of the assets to the husband and 40% to the wife, reflecting their financial and non-financial contributions.
Single-Income Marriages
A single-income marriage happens when one spouse is the main breadwinner, and the other focuses mainly on homemaking duties. Even if the homemaker spouse earns a small income from part-time work or investments, they are still considered primarily a homemaker.
In these marriages, the courts use a precedent-based approach (from the case TNL v TNK). This approach focuses on giving fair recognition to the homemaker’s indirect contributions, like raising children and managing the household, which are equally important to the marriage’s success.
In these marriages, the courts use a precedent-based approach (from the case TNL v TNK). This approach focuses on giving fair recognition to the homemaker’s indirect contributions, like raising children and managing the household, which are equally important to the marriage’s success. Our team of affordable Syariah lawyers in Singapore has successfully handled many such cases, ensuring fair outcomes.
The following are examples of how the courts have divided assets in previous cases:
- BG v BF [2007] 3 SLR(R) 233: The wife gave up her career to become a full-time homemaker after the birth of their first child. The court awarded her 40% of the matrimonial assets after considering her indirect contributions to the marriage.
- TCN v TCO [2015] SGFC 55: The wife was a homemaker for the first four years of an eight-year marriage. The court awarded her 35% of the matrimonial flat, taking into account her contributions and the need to provide accommodation for their child.
- ET v ES [2007] SGHC 152: The court awarded the wife 48% of the matrimonial assets in a case where she had been a full-time homemaker throughout the marriage.
- UEV v UEW [2017] SGFC 101: The wife, who resigned from her job to become a homemaker, was awarded 30% of the matrimonial assets, even though she took on part-time work after the separation.
What Does This Mean for Homemakers?
In short marriages, especially those with children, homemaker spouses are generally awarded between 30% and 48% of the matrimonial assets. This range reflects the recognition of the homemaker’s significant non-financial contributions, like managing the household and raising children, which are seen as equally important to the success of the marriage. Consulting Prestige Legal LLP, your number 1 affordable Syariah lawyer, ensure that these contributions are given the recognition they deserve.
How Does the Court Decide if a Marriage is Single-Income or Dual-Income?
Determining whether a marriage is single-income or dual-income is not solely based on whether both spouses worked. Instead, the court looks at the primary roles each spouse played during the marriage.
For example, if one spouse was primarily responsible for earning money and the other was mainly involved in managing the household and taking care of children, this would likely be classified as a single-income marriage.
The case UBM v UBN [2017] 4 SLR 921 clarified that even if one spouse makes some financial contributions, their main role as a homemaker defines a single-income marriage. Our team of affordable Syariah lawyers in Singapore can provide further insight on how these classifications are determined.
Fair Recognition of Contributions
In matrimonial asset division, the court strives to ensure that both financial and non-financial contributions are given due respect. Acknowledging the vital roles played by both homemakers and breadwinners in sustaining a marriage. At the end of the day, fairness in this process extends beyond the division of assets; it reflects the recognition of each party’s efforts in building a shared life together.
At Prestige Legal LLP, a leading Syariah law firm in Singapore, we are extremely adept at resolving asset division issues. If you’re searching for an affordable Syariah lawyer in Singapore, let us guide you through the complexities of Syariah divorce. Discover how single-income and dual-income marriages may impact legal outcomes in our latest article, and let us help secure your financial well-being with the assistance of a reliable Syariah lawyer in Singapore.
