The appeal emphasized the necessity to distinguish between matrimonial and non-matrimonial assets under Section 76 of the LRA 1976, affecting asset division outcomes, especially where contributions and separation durations were concerned.

[1] The appellant/husband petitioner's appeal in respect of distribution of matrimonial assets and/or orders for payment, etc; came up for hearing on30 June 2016 and upon hearing, we reserved judgment and requested parties to submit as to meaning of matrimonial assets within the frame work of s 76 of Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). My learned brothers Abdul Rahman bin Sebli JCA and Prasad Sandosham Abraham JCA have read the draft judgment and approved the same.

Preliminaries

[2] At the outset, it must be stated that the related matrimonial legislation in England, Singapore, etc in respect of division of matrimonial assets is not one and the same. The jurisprudence in almost all jurisdiction attempts to make a distinction between matrimonial assets and non-matrimonial assets and assets which were acquired before the marriage. As a general rule, assets which were acquired before the marriage are excluded in most of the jurisdictions in which we often rely as judicial precedent.

[3] Section 76 of LRA 1976 does not define what is matrimonial asset. For purpose of convenience, we propose to classify the matrimonial assets into two parts. One is matrimonial property which will fall under s 76(1) and the other is non-matrimonial property which will fall under s 76(3) and/or (5) of LRA 1976. Whether it is a matrimonial or non-matrimonial property, both will fall under the caption of matrimonial assets? The classification of matrimonial property will relate to property acquired by joint efforts of the spouse. (See s 76(1) of LRA 1976). Non-matrimonial property will relate to property acquired through the sole effort of one spouse. (See s 76(3) of LRA 1976). There is one more category of matrimonial assets that the Act sets out. That is related to property acquired before the marriage and it is set out in s 76(5)LRA 1976. The division on this asset can be said to be very remote unless the conditions set out in the section is satisfied.

[4] The real challenge and ambiguity in division of properties upon the dissolution of marriage arises in relation to property acquired during the marriage. When it relates to matrimonial property (or home), ie the house (or more than one) and all movable and immovable assets in the house or having nexus to the house, such as a car, etc which is meant to be used by the family, the courts have generally acknowledged that it falls under matrimonial property which will fall under s 76(1) of LRA 1976, provided it was acquired by the joint efforts of the spouses though one spouse may not have contributed in cash but the consideration may have been in kind. The nexus appears to be the enjoyment and use. If there is no enjoyment and/or use for current common purpose, it will appear the nexus test may not be satisfied. In this respect, future funds such as EPF, insurance, pension, etc. may not fall in this category.

[5] Other assets which does not fall into the category of matrimonial property but acquired by the sole effort of one spouse during the subsistence of marriage which we have referred to as non-matrimonial property but may qualify as matrimonial assets pursuant to s 76(3) of