BF v BG: Divorce, Ancillary Matters, Access, Maintenance, and Division of Matrimonial Assets

In BF v BG, the High Court of Singapore heard appeals from both the Wife and the Husband regarding orders made by the District Court concerning access, maintenance, and the division of matrimonial assets following their divorce. The Wife had filed for divorce based on the Husband's unreasonable behavior, and the Husband cross-petitioned based on three years of separation. The court addressed several issues, including the Husband's access to the children, the amount of maintenance to be paid to the Wife and children, and the division of the parties' assets. The court allowed some of the appeals in part and dismissed others.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeals allowed in part and dismissed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal against District Court's orders on access, maintenance, and division of matrimonial assets in a divorce case. Judgment reserved.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BGRespondentIndividualAppeal allowed in partPartial
BFPetitionerIndividualAppeal allowed in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Indranee RajahDrew & Napier LLC

4. Facts

  1. The parties were married on 17 March 1995 and have two sons.
  2. The Wife filed for divorce on 17 December 2002 based on the Husband’s unreasonable behavior.
  3. The Husband filed a cross-petition based on three years of separation.
  4. The parties signed an agreement on 15 March 2003 providing for custody, access, and maintenance.
  5. The Husband was employed by John Doe Asia Pte Ltd until 21 March 2003.
  6. The Wife was a homemaker after the first child was born.
  7. The Husband had a heart attack in June 2001.

5. Formal Citations

  1. BF v BG, D 604668/2002, [2006] SGHC 197

6. Timeline

DateEvent
Parties married in Hong Kong.
John Doe filed for Chapter 11 bankruptcy in the US.
Wife left the matrimonial home and filed a divorce petition.
Husband served with divorce petition and application for interim care and control.
Parties attended court mediation and then private mediation.
Husband filed a cross-petition based on three years’ separation.
Decree nisi made on the Husband’s cross-petition.
Parties signed an agreement providing for custody, access, and maintenance.
Agreement incorporated into a consent order.
Final orders on ancillaries made by District Judge Khoo.
District Judge Khoo gave decision after further arguments on division of matrimonial assets and maintenance.
Access on summer holidays varied by an order of District Judge Teoh.
Judgment reserved.

7. Legal Issues

  1. Access to Children
    • Outcome: The court allowed the Wife's appeal regarding the Husband's Tuesday homework access and allowed the Husband's appeal for extended weekend access on alternate weekends. The court dismissed the Husband's appeal to send the children to school and for access on 1 January of each year. The court allowed part of the Husband's appeal regarding access during school Christmas holidays.
    • Category: Substantive
    • Sub-Issues:
      • Homework access
      • Make-up access
      • Weekend access
      • School holiday access
      • Religious upbringing
  2. Maintenance
    • Outcome: The court allowed the Wife's appeal in part regarding maintenance, ordering the Husband to pay maintenance according to the Consent Order up to 31 December 2003, and a varied amount thereafter. The court dismissed the Husband's appeal regarding maintenance.
    • Category: Substantive
    • Related Cases:
      • [2004] 3 SLR 376
  3. Division of Matrimonial Assets
    • Outcome: The court allowed the Wife's appeal for 40% of the matrimonial assets, as disclosed, instead of 25%. The court ruled that the Carlotta property was not part of matrimonial assets. The court allowed the Wife's appeal regarding the sum of US$136,354, which was to be included as part of matrimonial assets.
    • Category: Substantive
    • Sub-Issues:
      • Identification of matrimonial assets
      • Valuation of matrimonial assets
      • Trust property

8. Remedies Sought

  1. Orders for access to children
  2. Maintenance for Wife and children
  3. Division of matrimonial assets

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Law
  • Child Access
  • Maintenance
  • Division of Matrimonial Assets

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Tan Sue-Ann Melissa v Lim Siang Bok DennisCourt of AppealYes[2004] 3 SLR 376SingaporeCited for the proposition that a party was not bound by his agreement on maintenance.
Re S (Minors) (Access: Religious Upbringing)Court of AppealNo[1992] 2 FLR 313N/ACited regarding religious upbringing and access to children.
BF v BGDistrict CourtNo[2004] SGDC 115SingaporeCited regarding concerns about the Husband involving the children in the divorce proceedings.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Access
  • Maintenance
  • Matrimonial assets
  • Consent order
  • Primary caregiver
  • Earning capacity
  • Trust property
  • School holidays
  • Sacred Thread

15.2 Keywords

  • Divorce
  • Family Law
  • Child Access
  • Maintenance
  • Matrimonial Assets
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Division of Assets90
Divorce90
Maintenance85
Child Custody80
Child Support75
Spousal Support70
Contract Law20
Civil Procedure15
Evidence10

16. Subjects

  • Family Law
  • Divorce
  • Child Custody
  • Maintenance
  • Division of Assets