Since Salem Ibrahim LLC’s establishment, our lawyers have advised and represented various clients in general and civil aviation-related matters. We are the aviation lawyers in Singapore. Clients use us when they need a private jet sale purchase finance lawyer.
- Advising and Representing Owners in Mortgage and Aircraft Financing Transactions
- Advising on Leasing Charters and Fractional Ownership
- Advising and Representing Sellers and Purchasers in the Sale and Purchase of Aircraft
- Reviewing and Drafting of Aircraft Operating and Maintenance Agreements
- Advising Aviation Law Offences and Insurance Disputes
- Aircraft Registration
- Litigation
- Aviation Law Offences
Transaction Note: Purchase and Finance of a Gulfstream G550 Business Jet
Mr Salem Ibrahim acted for a luxury business jet charter company in the purchase and finance of a Gulfstream G550 business jet. The client is a fast-rising star in luxury business jet charter.
The Gulfstream jet went on an air operators’ certificate for international charter operations.
Mr Salem Ibrahim has held a pilot’s license and has been shepherding multi-jurisdictional business jet sale, purchase, financing, leasing and chartering for more than 28 years. He has developed an international network in this field.
Banking and Finance is the backbone of every company. Our team of lawyers possess a wide breadth of knowledge and are competent to advise you in the legal-financial part of your business and help you to structure and document transactions.
- Project & Commercial loans
- Mortgages
- Personal Guarantees
- Loan Security
- Debentures
From drafting out agreements for sales & purchase, joint ventures, agency & marketing, manufacturing and partnerships to assisting in the formation of a company. We have a team of competent lawyers to assist you with your business needs.
- Company Formation
- Offshore Companies
- Sale & Purchase Agreements
- Shareholder Agreements
- Joint Venture Agreements
- Agency & Marketing Agreements
- Manufacturing Agreements
- Partnership Agreements
Case Note: Oral Implied Guarantee Rejected in Shareholder Dispute – SGHC Judgment Issued on 9 April 2025
We were recently instructed as Lead Counsel in a matter involving an experienced Chinese businessman who had invested in a Singapore-incorporated private limited company that promoted Mandarin through educational services.
The company suffered significant losses during the Covid-19 pandemic and eventually ceased operations. Following this, the investor commenced legal proceedings, claiming, among other things, that his two fellow shareholders had effectively guaranteed his shareholder loss via an implied term of their agreement.
The core issue before the High Court was whether such an implied term, said to be agreed orally, could amount to a legally enforceable guarantee.
Lead Counsel, Mr Salem Ibrahim, argued that any such oral promise could not amount to a binding guarantee under Singapore law as it was against section 6(b) of the Civil Law Act 1909, which provides that guarantees must be in writing. The Court agreed and dismissed the claim, finding that the purported implied guarantee was legally untenable.
The key takeaway from this case is that one should be aware that an implied term, usually oral, is a legal fiction. The temptation to characterise oral financial obligations as implied terms that, in substance, amount to a guarantee must be resisted. Such arguments should be avoided in pleadings and firmly challenged when they arise.
This case is reported inRen Xin Wu v Lee Kuan Fung & Chua Chim Kang [2025] SGHC 63.
We at Salem Ibrahim LLC stand ready to advise and help you to take this step forward with employing the appropriate steps to pursue your interest, whether as a minority shareholder, or on behalf of the company.
Salem Ibrahim LLC is your go-to business lawyer in Singapore.
Our experienced team of litigation lawyers can assist you with all of your civil and commercial disputes . Drawing on our extensive experience with clients from a range of industries, we are always prepared and ready to assist you.
- Commercial Disputes
- Medical Negligence
- Motor Accidents
- Personal Injuries
- Partnership Disputes
- Defamation
- Land Disputes
- Disciplinary Inquiries
There are many rules and regulations that a company has to know about when choosing to operate in Singapore. A corporate lawyer can help to guide you with legal advice on how to run your company. If you are starting a company or currently have some issues, speak to our lawyers today.
- Company Formation
- Company Disputes
- Corporate Services
Oppressed or Empowered –the Dual Remedies for Minority Shareholders
By Wang Tianyi
1. Facebook-owner Mark Zuckerburg made the headlines again, this time round for nearly doubling artificial intelligence (AI) spending this year, even as other executives warned of a potential bubble in the industry. This is not the first time he had a significant disagreement with his business partner(s). The Academy Award winning movie The Social Network portrayed the disputes between him and his then-fellow shareholder Eduardo Saverin, who has become a Singapore resident in 2009
2. As much as harmony and cooperation are treasured values in an ideal world, in many companies, given the frequent disproportionate distribution of shares among shareholders, there is often a distinct majority and minority shareholder structure. When disagreements between the majority and minority shareholders become significant, it is not uncommon for the majority shareholder, by simply outvoting the minority shareholder, to force their way through certain decisions.
3. The question, therefore, is what recourse the minority shareholder has, in an event that they feel their position has not been respected by the majority shareholder.
Minority Oppression
4. Under section 216 of the Companies Act, minority shareholders can apply for personal remedies in cases of oppression or injustice. According to the Singapore Court, the touchstone for minority oppression is whether the conduct being complained of is commercially unfair to the minority shareholder. The law adopts a contextual approach in ascertaining commercial unfairness of a party’s conduct, measuring the party’s conduct objectively against the backdrop of the parties’ relationship and from the perspective of a commercial relationship. Things which the Court will look at in determining whether a certain conduct is commercially unfair to the minority shareholder include the following: –
a. The company’s Articles of Association and Shareholders’ Agreement;
b. Whether the company is formed or managed on the basis of personal relationships involving mutual trust and confidence; and
c. In cases where the majority shareholder is a director of the company, whether there has been any breach, by this majority shareholder, of director’s duties and/or fiduciary duties as set out under section 157 of the Companies Act.
5. Common remedies in minority oppression claims focus on restoring fairness and enabling the minority shareholder to exit the company. The most common remedies include a Court-ordered buy-out of the minority’s shares, winding up (liquidating) the company. The law also provides for mandatory/prohibitive injunctions directing/prohibiting any act or cancel or vary any transaction or resolution.
Derivative Action
6. If the minority shareholder feels that the conduct of the majority shareholder is detrimental to the interest of the company as a whole, instead of to the minority shareholder themselves, the minority shareholder may wish to consider bringing an action in the company’s name against the wrongdoer. This is called a derivative action and is provided for under section 216A of the Companies Act.
7. In order to commence a derivative action under section 216A of the Companies Act, the complainant must first give 14 days’ notice to the directors of the company of the complainant’s intention to apply to the Court for permission to bring the derivative action.
We at Salem Ibrahim LLC stand ready to advise and help you to take this step forward with employing the appropriate steps to pursue your interest, whether as a minority shareholder, or on behalf of the company.
Wang Tianyi is a Senior Associate at Salem Ibrahim LLC.
Salem Ibrahim LLC is your go-to business lawyer in Singapore and corporate lawyer in Singapore.
Defamation in the Age of Social Media (Part 1)
By Henna Nandrajog
Social Media and the Rise in Defamation
Social media has transformed the way we communicate. Platforms like Facebook, X, Instagram and TikTok allow anyone with an internet connection to publish content instantly and broadcast it to a vast audience within seconds.
It is now easier than ever to share information and express opinions online. Yet, this unprecedented freedom comes with a cost. There has been a noticeable rise in defamation claims, with individuals and businesses increasingly finding their reputations harmed by misleading, careless or false online statements.
Unlike traditional media, social media moves fast. Posts can be shared and reposted almost instantaneously, often spreading far beyond their intended audience. Once published, the resulting reputational damage can be swift and difficult to contain. It is therefore unsurprising that the courts are seeing a growing number of disputes arising from what is said (or typed) online.
The Law on Defamation
In Singapore, defamation is governed primarily by common law principles, and supplemented by the Defamation Act 1957. At its core, the law seeks to protect the reputation of person(s) against false statements that lower them in the estimation of right-thinking members of society.
To succeed in a defamation claim, a claimant must establish three elements: (i) that a statement bearing a defamatory meaning was made, (ii) that it was published to at least one third party, and (iii) that the statement refers to the claimant.
Whether a statement is defamatory is assessed objectively, based on how the words would be understood by an ordinary, reasonable reader. The courts consider the natural and ordinary meaning of the publication as a whole, taking into account its context, tone and manner of publication. While such a reader is not unduly suspicious or eager to assume the worst, they are entitled to read between the lines and draw reasonable inferences. Importantly, a claimant need not be expressly named in the publication. It is sufficient if ordinary readers would understand the statement to refer to the claimant.
Defendants are not without protection. One common defence is justification, which applies where the statement complained of is true. Another is qualified privilege, which protects statements made in circumstances where free communication is important, such as in legal proceedings or reports to authorities, provided the statement was not made maliciously. Finally, the defence of fair comment protects honest opinions based on true facts. Even if an opinion is critical or unpopular, it will be protected so long as it is clearly presented as an opinion rather than a statement of fact.
Legal Consequences and Remedies
When defamation is established, the courts have a range of remedies to address the harm caused. Monetary damages are the most common, designed to compensate the claimant for the reputational harm suffered. In cases where the defamatory conduct is particularly serious, persistent, or malicious, the court may award aggravated damages.
Beyond financial compensation, the courts can also order non-monetary remedies. For instance, a defendant may be required to issue a public apology, acknowledging the falsity of the statement and expressing regret for the damage caused. The court can also grant injunctions to prevent further publication of defamatory statements or to remove existing harmful content.
We at Salem Ibrahim LLC stand ready to advise and help you to take this step forward with employing the appropriate steps to pursue your interest, whether as a minority shareholder, or on behalf of the company.
Henna is a Senior Executive at Salem Ibrahim LLC.
Salem Ibrahim LLC is your go-to business lawyer in Singapore and corporate lawyer in Singapore.
Clients require up-to-date legal advice in building construction projects. You require a lawyer with a solid understanding of this dynamic industry. The lawyers at Salem Ibrahim LLC have the knowledge and experience to support you if you are in the building construction industry.
- Building Constructions Disputes
- Project Development
- Liability For Architects
- Engineers
- Employers
Case handled:
Construction of Three Cement Silos:
Our dispute lawyer, Raeza Ibrahim represented a Malaysian MNC in dispute with an Australian sub-contractor regarding inefficiency and failure to abide by designs for three cement silos. The multi-million dollar project resulted in three adjudications under the Security of Payments Act, and a High Court Suit.
Check out Raeza’s profile:http://www.salemlaw.org.sg/the-lawyers/raeza-ibrahim
If you are facing any criminal charges or are currently under investigation in Singapore, the team is here to guide you on your rights. This is a crucial time when you urgently need expert legal advice from a highly qualified criminal lawyer in Singapore.
When you are involved in a criminal investigation and facing criminal proceedings in Singapore, it is crucial to engage a lawyer that you can trust who will lead you to a favourable outcome.
Our criminal law team can help you understand your rights, advise you every step of the way, and be there when no one else will. Speak to us today to get the help you need.
- Commercial Crimes Including Corruption
- Insider Dealing
- Criminal Breach Of Trust
- Motoring Offences
- Breach Of Statutory Duty
See Reported Cases
With the trend of increasing cross border M&A transactions due to the globalization of the world economy. The lawyers at Salem Ibrahim LLC have garnered exposure and experience dealing with M&A deals between foreign companies and domestic firms in the target country.
- Mergers And Acquisitions In Foreign Jurisdictions
See Reported Cases
Divorce is an emotional and difficult process for everyone, especially if it involves children. Salem Ibrahim has years of experience and a long-standing track record for successfully handling high-net-worth divorce disputes. Rest assured, the team led by Salem Ibrahim will assist you with resolving your legal issues. Search more for “divorce lawyer near me”.
- Divorce
- Legal Separation
- Maintenance
- Custody
- Adoption
CUSTODY FIGHTS – Know This!!
No matter which side you are one, the best interest of a child stands paramount. Parents battling for custody and/or access want to win. However, it is imperative to know that access is the right of the child. The child needs and wants both parents.
The current focus of the Family Court of Singapore is “Therapeutic Justice” (“TJ”). In short, fight less and more amicability.
This is so important that lawyers are now bound by the rules of professional conduct. Section 15A of the Legal Profession (Professional Conduct Rules 2015) Act enjoins lawyer on the desirability to reduce conflict, be constructive and conciliatory. Lawyers can face with disciplinary proceedings if they transgress this rule.
Your lawyer is also bound by this rule of professional conduct to inform and explain to you the available avenues for amicable dispute resolution. Your family lawyer in Singapore must help you to make an informed decision on dispute resolution.
Any decision the court makes on custody and access is to serve the best interest of the child and not to suit the whims of parents.
No system is perfect, and TJ too is not perfect. There may the type of case that cannot be resolved amicably. Properly presented, these exceptions will be entertained by the courts, if they are true exceptions. These types of cases cannot be resolved by affidavits. Exceptionally, cross examination in a limited and controlled form may be permitted if it is in the interest of the children.
The case is reported as Teo Geok Fong (m w) v Lim Eng Hock [1999] SGHC 209.
Mr Salem Ibrahim has 37-year track record in hotly contested custody and access disputes. Most are guided and driven to resolve amicably. Several involved heavy cross examinations under the exceptional rule. Reporting restrictions on family cases do not permit citing of cases.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
A Hotly Contested Custody Case
However, there is one hotly contested case (pre-reporting restrictions) is the case where Mr Salem Ibrahim acted for Venus Lim against her then husband, Peter Lim (the now billionaire). The case involved cross examination of Peter Lim and child psychiatrists in open court at the High Court. Venus Lim succeeded in getting custody of their children Kim Lim and Wee Kiat. There was access to the father. Both children have bloomed with successful careers. Congratulations to them and their parent.
Mr Salem Ibrahim continued to act for Venus Lim for division of matrimonial assets to its conclusion. Venus Lim is blooming today.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Alleged “Ancestral Home” Trust to Reduce Matrimonial Assets Rejected by High Court
We acted as lead counsel for the wife in a novel and complex matrimonial case where the husband sought to significantly dilute the pool of matrimonial assets by claiming that a property was held under an “Ancestral Home” trust arrangement, benefiting members of his extended family.
The team at Salem Ibrahim LLC challenged the husband’s assertion and successfully argued that no such trust existed. The High Court agreed and ruled in the wife’s favour, holding that the property formed part of the matrimonial assets.
This case is reported in Oei Su-Lynn v Koon Boon Kin & Others𝘖– HC/S 1069/2020 (judgment delivered on 16 March 2021).
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Property Trust Found to be Genuine Despite Allegations of ABSD Evasion
We were instructed as counsel arising from a matrimonial dispute where the husband sought to include a trust-held property as part of the matrimonial assets, alleging that the trust was a sham created to evade Additional Buyer’s Stamp Duty (ABSD). He did this to enlarge the matrimonial assets and give him a bigger share in division.
Through robust cross-examination by Mr Salem Ibrahim, the Court was persuaded that the Trust Deed was genuine, not a vehicle for ABSD avoidance. The claim that the trust was a sham was rejected, and the challenging trustee was removed.
This case is reported in Siraj Ansari bin Mohamed Shariff v Juliana bte Bahadin & Anor[2022] SGHC 186.
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Jamie Chua Obtains $92 Million Mareva Injunction in High Profile Matrimonial Dispute
We acted as lead counsel for celebrity Jamie Chua in a high-profile and hotly contested matrimonial dispute.
The case involved a worldwide Mareva injunction (freezing order) over assets valued at approximately S$92 million and drew significant media attention throughout the proceedings.
The team, led by Mr Salem Ibrahim, successfully represented Ms Chua in securing and maintaining the injunction.
This case is reported in Chua Xin Yin v Nurdian Cuaca [2010] SGDC 540.
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Childless divorces- What happens to your property?
By Lee Wan Sim
In this uncertain and chaotic world, it is understandable that some couples decide to get married but not to have children. These married couples would prefer to focus on their personal time, their careers and hobbies, amongst other reasons.
So, what happens when such relationships break down and the parties are looking at a divorce?
The good news is that you need not worry about co-parenting with someone who you no longer see eye-to-eye with.
However, a divorce with a childless couple comes with its own significant challenges.
Division of matrimonial assets
In Singapore, under s 112 of the Women’s Charter 1961, the Court is empowered to divide the assets between the parties in such proportions as the Court thinks just and equitable. The non-exhaustive factors the Court considers in the division include the following:-
- The respective party’s contributions in money, property or work towards acquiring, improving or maintaining the matrimonial assets;
- The extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependent of either party;
- Any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; and
- The giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business;
- Etc.
In the seminal case previously decided by the Court of Appeal (ANJ v ANK [2015] 4 SLR 1043), the Court decided that a structured approach should be applied by first ascribing ratios to the parties’ direct and indirect contribution respectively. The Court then derives each party’s average percentage contribution to the family which would form the basis to divide the matrimonial assets. Further adjustments to take into account factors such as adverse inference and rent-free occupation may need to be made to the parties’ average percentage contributions.
What this means in layman terms is that firstly, all of your and your spouse’s assets and liabilities will be valued and totaled. The respective net values of your and your spouse’s assets will be made into a ratio representing how much each of you had contributed to the total pool of matrimonial assets. For example, this may be a ratio of 45: 55 in favour of the wife.
Secondly, the Court will consider your indirect contributions to the marriage and ascribe a ratio to this. This means considering, relative to your spouse, how much of the household expenses did you bear, how much housework you did in your home together, whether you helped your spouse and his/her family in any intangible ways, etc. For example, this may be a ratio of 45: 55 in favour of the husband.
Finally, the Court will average the 2 ratios and come up with the average ratio for division. Using the example above:
| Husband | Wife | |
| Direct contributions | 45 | 55 |
| Indirect contributions | 55 | 45 |
| Average ratio | 50 | 50 |
This means that out of the total pool of matrimonial assets, each spouse should receive half after the divorce.
A simplified example in monetary terms is as follows:
| Husband | Wife | |
| Assets in his/her sole name | $300,000 | $200,000 |
| Value of joint property | $500,000 | |
| Total value of matrimonial assets | $1,000,000 | |
| Ratio for division | 50 | 50 |
| Each party’s share of the pool of matrimonial assets after division | $500,000 | $500,000 |
| Share that each party should receive from the joint property | $200,000 | $300,000 |
We at Salem Ibrahim LLC stand ready to advise and help you to take this step forward with employing the appropriate steps to pursue your interest, whether as a minority shareholder, or on behalf of the company.
Lee Wan Sim is a Senior Associate at Salem Ibrahim LLC.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Every successful organization knows the importance of human capital and building a strong talent pool. Our lawyers represent clients in all sectors of employment related-matters and offer the following services:
- Employment Contracts
- Workmen’s Compensation
- Employment Termination
See Reported Cases
Every business has its own set of unique challenges which is why Salem Ibrahim LLC’s lawyers believe in providing efficient and customized services to meet financial challenges faced by clients. Our team of lawyers can assist you in creating a smooth process through financial stringency.
- Company Liquidation
- Judicial Management
- Company Restructuring
- Personal Bankruptcy
What Happens If You Are Declared Bankrupt?
By Max Fu
We all know what bankruptcy is, but do you really know what happens once you are declared bankrupt? How about your duties and restrictions as an undischarged bankrupt? And how can you ‘get out’ of bankruptcy?
After you are declared bankrupt
You are declared a bankrupt once a Court makes a bankruptcy order against you. As a bankrupt, your case and bankruptcy estate will be managed by a trustee. At present, all bankruptcy cases are handled by private trustees, except for cases where the Official Assignee determines there is sufficient public interest for it to be appointed as the trustee in bankruptcy. As such, your trustee can either be a private trustee or the Official Assignee.
Regardless of who the trustee is, the trustee plays an important role in your bankruptcy process. First, you are required to submit a Statement of Affairs to the trustee. The Statement of Affairs sets out relevant information about your financial circumstances and needs, such as your assets and liabilities, income, employment, and details of your dependants.
The trustee will thereafter manage your financial affairs as a bankrupt, which may include selling your assets and distributing the proceeds to your creditors, in order to ensure you can settle your debts. The trustee also determines the amount of money you need every month to support yourself and your family, as well as how much you ought to pay to the trustee monthly. Moreover, you will need to pay an amount to be considered for discharge from bankruptcy – this, too, is determined by the trustee.
The trustee is also able to advise you on matters pertaining to your duties and restrictions as a bankrupt.
Duties and restrictions as a bankrupt
Pursuant to the Insolvency, Restructuring and Dissolution Act 2018 (“IRDA”), as an undischarged bankrupt, you are required to fulfil certain duties. You are also subject to various restrictions on the activities you are allowed to undertake.
Apart from the duties of cooperating with the trustee in the management of your financial affairs as well as making the regular payments determined by the trustee, other duties include making property-related disclosures as required to the Official Assignee and attending any meeting of your creditors.
The status of bankruptcy does come with restrictions on regular life and activities. An undischarged bankrupt cannot travel overseas (i.e. out of Singapore) unless the trustee’s prior permission is obtained. You are also prohibited from managing a business or acting as a director of a company, save with the permission of the Court or the Official Assignee’s written permission. Furthermore, except for personal injury actions or matrimonial proceedings, you cannot start (or continue) any court action without the trustee’s approval. These are just some of the various restrictions which an undischarged bankrupt may be subject to.
Being discharged from bankruptcy
So, how does one get discharged from – or ‘get out’ of – bankruptcy? In Singapore, there is no automatic way to be discharged from bankruptcy. Generally, there are two ways to obtain a discharge from bankruptcy: either a discharge by the Court or a discharge by Certificate of the Official Assignee.
We at Salem Ibrahim LLC stand ready to advise and help you to take this step forward with employing the appropriate steps to pursue your interest, whether as a minority shareholder, or on behalf of the company.
Max Fu is an Associate at Salem Ibrahim LLC.
Salem Ibrahim LLC is your go-to insolvency lawyer in Singapore.
The definition of risk is changing. The current COVID pandemic has led to the rise of an economic meltdown that increasingly affects the entire world. Add legislative reform and more regulations on a local and global level to the mix, and companies today find themselves under enormous pressure.
You need lawyers who know your business and know how to mitigate your exposure. From dealing with consumers and competitors to keeping to your regulatory commitments, Salem Ibrahim LLC’s lawyers are with you to help you manage your own risk. We can act for both insurers and insured for all classes of insurance. Contact our team today!
See Reported Cases
Divorce is a difficult decision. The law for Muslims in Singapore is found in the Administration of Muslim Law Act and is different from civil law. Let the team advise and support you in your passage through the Shariah Court. The team in Salem Ibrahim LLC led by Salem Ibrahim and Iman Ibrahim also feature in high net worth cases.
- Syariah Divorce
- Custody
- Maintenance-Related issues
- Property/Assets Division
See Reported Cases
Salem Ibrahim’s team provides legal services for IP, technology and general commercial transactions, including contracts structuring, drafting, negotiations, and regulatory advice in relation to the following:
- Software & hardware
- Maintenance
- Source code
- Marketing
- Beta test
- Hosting
- Telecommunications
- ISP
- Turnkey
- Consultancy
- Development
See Reported Cases
Divorce is an emotional and difficult process for everyone, especially if it involves children. Salem Ibrahim has years of experience and a long-standing track record for successfully handling high-net-worth divorce disputes. Rest assured, the team led by Salem Ibrahim will assist you with resolving your legal issues. Search more for “divorce lawyer near me”.
- Divorce
- Legal Separation
- Maintenance
- Custody
- Adoption
CUSTODY FIGHTS – Know This!!
No matter which side you are one, the best interest of a child stands paramount. Parents battling for custody and/or access want to win. However, it is imperative to know that access is the right of the child. The child needs and wants both parents.
The current focus of the Family Court of Singapore is “Therapeutic Justice” (“TJ”). In short, fight less and more amicability.
This is so important that lawyers are now bound by the rules of professional conduct. Section 15A of the Legal Profession (Professional Conduct Rules 2015) Act enjoins lawyer on the desirability to reduce conflict, be constructive and conciliatory. Lawyers can face with disciplinary proceedings if they transgress this rule.
Your lawyer is also bound by this rule of professional conduct to inform and explain to you the available avenues for amicable dispute resolution. Your family lawyer in Singapore must help you to make an informed decision on dispute resolution.
Any decision the court makes on custody and access is to serve the best interest of the child and not to suit the whims of parents.
No system is perfect, and TJ too is not perfect. There may the type of case that cannot be resolved amicably. Properly presented, these exceptions will be entertained by the courts, if they are true exceptions. These types of cases cannot be resolved by affidavits. Exceptionally, cross examination in a limited and controlled form may be permitted if it is in the interest of the children.
The case is reported as Teo Geok Fong (m w) v Lim Eng Hock [1999] SGHC 209.
Mr Salem Ibrahim has 37-year track record in hotly contested custody and access disputes. Most are guided and driven to resolve amicably. Several involved heavy cross examinations under the exceptional rule. Reporting restrictions on family cases do not permit citing of cases.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
A Hotly Contested Custody Case
However, there is one hotly contested case (pre-reporting restrictions) is the case where Mr Salem Ibrahim acted for Venus Lim against her then husband, Peter Lim (the now billionaire). The case involved cross examination of Peter Lim and child psychiatrists in open court at the High Court. Venus Lim succeeded in getting custody of their children Kim Lim and Wee Kiat. There was access to the father. Both children have bloomed with successful careers. Congratulations to them and their parent.
Mr Salem Ibrahim continued to act for Venus Lim for division of matrimonial assets to its conclusion. Venus Lim is blooming today.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Alleged “Ancestral Home” Trust to Reduce Matrimonial Assets Rejected by High Court
We acted as lead counsel for the wife in a novel and complex matrimonial case where the husband sought to significantly dilute the pool of matrimonial assets by claiming that a property was held under an “Ancestral Home” trust arrangement, benefiting members of his extended family.
The team at Salem Ibrahim LLC challenged the husband’s assertion and successfully argued that no such trust existed. The High Court agreed and ruled in the wife’s favour, holding that the property formed part of the matrimonial assets.
This case is reported in Oei Su-Lynn v Koon Boon Kin & Others𝘖– HC/S 1069/2020 (judgment delivered on 16 March 2021).
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Property Trust Found to be Genuine Despite Allegations of ABSD Evasion
We were instructed as counsel arising from a matrimonial dispute where the husband sought to include a trust-held property as part of the matrimonial assets, alleging that the trust was a sham created to evade Additional Buyer’s Stamp Duty (ABSD). He did this to enlarge the matrimonial assets and give him a bigger share in division.
Through robust cross-examination by Mr Salem Ibrahim, the Court was persuaded that the Trust Deed was genuine, not a vehicle for ABSD avoidance. The claim that the trust was a sham was rejected, and the challenging trustee was removed.
This case is reported in Siraj Ansari bin Mohamed Shariff v Juliana bte Bahadin & Anor[2022] SGHC 186.
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Jamie Chua Obtains $92 Million Mareva Injunction in High Profile Matrimonial Dispute
We acted as lead counsel for celebrity Jamie Chua in a high-profile and hotly contested matrimonial dispute.
The case involved a worldwide Mareva injunction (freezing order) over assets valued at approximately S$92 million and drew significant media attention throughout the proceedings.
The team, led by Mr Salem Ibrahim, successfully represented Ms Chua in securing and maintaining the injunction.
This case is reported in Chua Xin Yin v Nurdian Cuaca [2010] SGDC 540.
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Childless divorces- What happens to your property?
By Lee Wan Sim
In this uncertain and chaotic world, it is understandable that some couples decide to get married but not to have children. These married couples would prefer to focus on their personal time, their careers and hobbies, amongst other reasons.
So, what happens when such relationships break down and the parties are looking at a divorce?
The good news is that you need not worry about co-parenting with someone who you no longer see eye-to-eye with.
However, a divorce with a childless couple comes with its own significant challenges.
Division of matrimonial assets
In Singapore, under s 112 of the Women’s Charter 1961, the Court is empowered to divide the assets between the parties in such proportions as the Court thinks just and equitable. The non-exhaustive factors the Court considers in the division include the following:-
- The respective party’s contributions in money, property or work towards acquiring, improving or maintaining the matrimonial assets;
- The extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependent of either party;
- Any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; and
- The giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business;
- Etc.
In the seminal case previously decided by the Court of Appeal (ANJ v ANK [2015] 4 SLR 1043), the Court decided that a structured approach should be applied by first ascribing ratios to the parties’ direct and indirect contribution respectively. The Court then derives each party’s average percentage contribution to the family which would form the basis to divide the matrimonial assets. Further adjustments to take into account factors such as adverse inference and rent-free occupation may need to be made to the parties’ average percentage contributions.
What this means in layman terms is that firstly, all of your and your spouse’s assets and liabilities will be valued and totaled. The respective net values of your and your spouse’s assets will be made into a ratio representing how much each of you had contributed to the total pool of matrimonial assets. For example, this may be a ratio of 45: 55 in favour of the wife.
Secondly, the Court will consider your indirect contributions to the marriage and ascribe a ratio to this. This means considering, relative to your spouse, how much of the household expenses did you bear, how much housework you did in your home together, whether you helped your spouse and his/her family in any intangible ways, etc. For example, this may be a ratio of 45: 55 in favour of the husband.
Finally, the Court will average the 2 ratios and come up with the average ratio for division. Using the example above:
| Husband | Wife | |
| Direct contributions | 45 | 55 |
| Indirect contributions | 55 | 45 |
| Average ratio | 50 | 50 |
This means that out of the total pool of matrimonial assets, each spouse should receive half after the divorce.
A simplified example in monetary terms is as follows:
| Husband | Wife | |
| Assets in his/her sole name | $300,000 | $200,000 |
| Value of joint property | $500,000 | |
| Total value of matrimonial assets | $1,000,000 | |
| Ratio for division | 50 | 50 |
| Each party’s share of the pool of matrimonial assets after division | $500,000 | $500,000 |
| Share that each party should receive from the joint property | $200,000 | $300,000 |
We at Salem Ibrahim LLC stand ready to advise and help you to take this step forward with employing the appropriate steps to pursue your interest, whether as a minority shareholder, or on behalf of the company.
Lee Wan Sim is a Senior Associate at Salem Ibrahim LLC.
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