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Trends in the Division of Matrimonial Property Based on Contribution: an Empirical Case Study Based on the Structured Approach in Singapore

Chan, Leon Vincent; Xu, Kaizhe Richard; (2022) Trends in the Division of Matrimonial Property Based on Contribution: an Empirical Case Study Based on the Structured Approach in Singapore. International Journal of Law, Policy and the Family , 36 (1) , Article ebac009. 10.1093/lawfam/ebac009. Green open access

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Abstract

Different jurisdictions have adopted different approaches to the division of matrimonial property. While some have greater certainty and predictability from a rules-based approach that adopts equal division as a starting point, others have adopted a discretionary approach with little to no guidance from the legislation. Using statistical methods, this empirical quantitative study seeks to show how trends (and in turn certainty and predictability) can be obtained from a discretionary system, using Singapore’s contributions-based approach as a case study. Analysing 265 Singaporean judgements, the authors observed, amongst other trends, that division for both single-income and dual-income marriage tend to incline towards equality as the marriage length increases; there are divergences in collective outcomes from the Singapore Court of Appeal and Singapore High Court, and judgements from the Singapore Family Justice Courts; direct contributions have a significant impact on division for dual-income marriages; and the presence of child(ren) significantly influences division.

Type: Article
Title: Trends in the Division of Matrimonial Property Based on Contribution: an Empirical Case Study Based on the Structured Approach in Singapore
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/lawfam/ebac009
Publisher version: https://doi.org/10.1093/lawfam/ebac009
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10177321
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