Woman who poisoned husband still gets $768,000 after divorce

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WOMAN WHO POISONED HUSBAND STILL GETS $768,000 AFTER DIVORCE

Post date:
20 Jan 2015 - 10:57am








[photo credit:ABC]
A woman who poisoned her ex-husband and was jailed a year would be given S$113,000 less in matrimonial assets than what she was initially awarded.
In 2006, Chan Tin Sun, 74, was diagnosed with chronic arsenic poisoning. It was later discovered during investigations that his ex-wife, Madam Fong Quay Sim, 72, was trying to kill him by lacing his food with the chemical from 2004 to 2005.
Mr Chan later sued for divorce in 2011 but Mdm Fong fought back and said that his behaviour was unreasonable and that he had neglected and verbally abused her throughout their marriage.
An interim divorce was granted to them by the Family Court on December 15, 2011.
Last year May, Mr Chan wanted to stop Mdm Fong from receiving any maintenance from him or the matrimonial assets, on the grounds that she had tried to poison him.
Even though the High Court took into consideration Mdm Fong's act, she was still given 42 percent of the total assets of S$2.1 million.
Judicial Commissioner Tan Siong Thye also said that because of her misconduct, she would be given a maintenance lump sum of S$18,000, instead of the S$200,000 that she had wanted.
However, Mr Chan appealed in November last year.






Yesterday, the Court of Appeal decided that Mdm Fong's misconduct was “extreme and undisputed” and reduced her share of assets from $882,000 to $768,000.
The appeal court felt that the High Court had failed to consider Mdm Fong's misconduct adequately when dividing the assets. The appeal court was made up of Chief Justice Sundaresh Menon, Judge of Appeal Andrew Phang and Justice Judith Prakash.
However, the court said that since Mdm Fong had already went to jail for a year for what she had done, they did not want to “punish (her) twice over”.
They said that in the English court, where there was similar misconduct, the spouses’ portions of assets had also been reduced.
The appeal court also considered Mdm Fong's medical needs in its decision but said that they were subordinate to Mr Chan’s, given that it was Mdm Fong who had directly caused his medical problems.
But Mdm Fong was still awarded a share of the assets because of her contributions to the family, where she had also financed her son’s tertiary education.
Mr Chan had also not disclose an amount of $645,960 which was included into the matrimonial pool, increasing it up to $2.7 million.


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