BG v BF: Division of Matrimonial Assets, Child Access, and Wife Maintenance Dispute

In BG v BF, the Singapore Court of Appeal heard appeals from both the Husband and Wife regarding decisions on access, division of matrimonial assets, and maintenance 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 issues such as the extent of access granted to the Husband, the classification and division of various assets, and the appropriate amount of maintenance to be paid to the Wife. The court dismissed most of the appeals but allowed the Husband's appeal regarding the deduction of income tax from matrimonial assets.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal dismissed in part and allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning division of matrimonial assets, child access, and wife maintenance. The Court of Appeal addressed asset division, access arrangements, and maintenance obligations.

1.7 Decision Date

24 May 2007

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
BG	Respondent	Individual	Appeal dismissed in part and allowed in part	Partial
BF	Appellant	Individual	Appeal dismissed in part	Partial	Daryl Mok of Drew & Napier LLC

3. Judges

Judge Name	Title	Delivered Judgment
Andrew Ang	Judge	Yes
Chan Sek Keong	Chief Justice	No
Andrew Phang Boon Leong	Justice of the Court of Appeal	No

4. Counsels

Counsel Name	Organization
Daryl Mok	Drew & Napier LLC

4. Facts

The parties were married in Hong Kong on 17 March 1995 and have two sons.
The Wife filed a divorce petition on 17 December 2002 based on the Husband's unreasonable behavior.
The Husband filed a cross-petition on 6 February 2003 based on three years' separation.
A decree nisi was made on the Husband's cross-petition on 11 March 2003.
The parties signed an interim agreement on 15 March 2003, which was incorporated into a consent order on 20 April 2003.
The Wife was awarded joint custody of the children, with care and control.
The judge increased the Wife’s share of the matrimonial assets from 25% to 40%.

5. Formal Citations

BG v BF, CA 138/2006, 139/2006, [2007] SGCA 32
BF v BG, , [2006] SGHC 197
BG v BF, , [2006] SGDC 22

6. Timeline

Date	Event
1995-03-17	BG and BF married in Hong Kong.
2002-12-17	Wife filed a divorce petition.
2002-12-19	Husband served with divorce petition and application for interim care and control.
2003-01-20	Parties attended court mediation and then private mediation.
2003-02-06	Husband filed a cross-petition based on three years’ separation.
2003-03-11	Decree nisi made on the Husband’s cross-petition.
2003-03-15	Parties signed an interim agreement.
2003-04-20	Agreement incorporated into a consent order.
2005-08-01	Final orders on ancillaries made by District Judge Khoo Oon Soo.
2005-09-01	Final orders on ancillaries made by District Judge Khoo Oon Soo.
2006-11-07	Judge below delivered his judgment.
2007-03-22	Husband filed a notice of intention to act in person.
2007-05-25	Judgment reserved.

7. Legal Issues

Child Access
- Outcome: The court dismissed the Wife's appeal against the Husband's extended access on alternate weekends and access during the school Christmas holidays, subject to a proviso regarding the Husband's leave.
- Category: Substantive
- Related Cases:
  - [2005] 3 SLR 690
  - [1985] 1 WLR 647
  - [2004] 1 SLR 229
Division of Matrimonial Assets
- Outcome: The court dismissed the Husband's appeal regarding the inclusion of US$136,354 as part of the matrimonial assets but allowed his appeal regarding the deduction of income tax. The court also addressed the inclusion of the Carlotta property, Bionutrics and Valencia shares, CPF account, Upaid shares, and a US$10,000 loan.
- Category: Substantive
- Sub-Issues:
  - Non-disclosure of assets
  - Valuation of shares
  - Inclusion of trust property
  - Deduction of income tax liability
- Related Cases:
  - [1994] 1 SLR 22
  - [2001] 3 SLR 225
  - [2000] 4 SLR 466
  - [1999] 4 SLR 408
  - [1989] SLR 342
Wife Maintenance
- Outcome: The court dismissed both parties' appeals regarding the order to pay maintenance, upholding the judge's decision on the amount and duration of maintenance payments.
- Category: Substantive
- Sub-Issues:
  - Earning capacity of wife
  - Husband's ability to pay
  - Needs of wife and children
- Related Cases:
  - [1992] 2 SLR 360
  - [2007] 1 SLR 75
  - [1992] 2 SLR 1025
  - [2004] 3 SLR 376

8. Remedies Sought

Custody of children
Access to children
Division of matrimonial assets
Maintenance for wife

9. Cause of Actions

Divorce
Unreasonable behaviour
Separation

10. Practice Areas

Divorce
Family Litigation

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
CX v CY	Court of Appeal	Yes	[2005] 3 SLR 690	Singapore	Cited for the principle that the welfare of the child is the first and paramount consideration in issues relating to the upbringing of the child and that joint parenthood must be the starting point.
G v G	House of Lords	Yes	[1985] 1 WLR 647	England and Wales	Endorsed the 'limited role' which an appellate court should play in matters involving the welfare of children.
Re G	High Court	Yes	[2004] 1 SLR 229	Singapore	Cited for the principle that joint parenthood must be the starting point so that both parents can continue to have a direct involvement in the child’s life.
Koh Kim Lan Angela v Choong Kian Haw	Court of Appeal	Yes	[1994] 1 SLR 22	Singapore	Cited for the principle that full and frank disclosure is important in court proceedings, especially in the context of the division of matrimonial assets, and in its absence the court is entitled to draw inferences adverse to the party who failed to do so.
Lim Choon Lai v Chew Kim Heng	Court of Appeal	Yes	[2001] 3 SLR 225	Singapore	Cited for the current judicial approach on what “just and equitable” means in dividing matrimonial assets, rejecting the notion of equal contribution as a starting point and requiring consideration of all factors.
Yow Mee Lan v Chen Kai Buan	High Court	Yes	[2000] 4 SLR 466	Singapore	Endorsed the approach of reading the direction in s 112(1) literally to require consideration of all factors to reach a just and equitable division.
Lau Loon Seng v Sia Peck Eng	High Court	Yes	[1999] 4 SLR 408	Singapore	Cited in support of the approach of reading the direction in s 112(1) literally to require consideration of all factors to reach a just and equitable division.
Koo Shirley v Mok Kong Chua Kenneth	Court of Appeal	Yes	[1989] SLR 342	Singapore	Reaffirmed the broad brush approach in considering financial and non-financial contributions to the acquisition of property.
Wong Amy v Chua Seng Chuan	High Court	Yes	[1992] 2 SLR 360	Singapore	Made crucial observations in relation to the powers of the court to order maintenance for the former wife, including adequate provision for children, meeting the needs of each spouse, and the court’s sense of justice.
Quek Lee Tiam v Ho Kim Swee	High Court	Yes	[1995] SGHC 23	Singapore	Cited in support of the principles in Wong Amy v Chua Seng Chuan.
NI v NJ	High Court	Yes	[2007] 1 SLR 75	Singapore	Endorsed the principles in Wong Amy v Chua Seng Chuan.
Wang Shi Huah Karen v Wong King Cheung Kevin	High Court	Yes	[1992] 2 SLR 1025	Singapore	Observed that the court has to take account of each party’s share of the matrimonial assets and that the order for maintenance of the former wife thus plays a complementary role to the order for division of matrimonial assets.
Tan Sue-Ann Melissa v Lim Siang Bok Dennis	Court of Appeal	Yes	[2004] 3 SLR 376	Singapore	Held that the rationale behind the law imposing a duty on a former husband to maintain his former wife is to even out any financial inequalities between the spouses, taking into account any economic prejudice suffered by the wife during marriage.
Ong Chin Ngoh v Lam Chin Kian	Court of Appeal	Yes	[1992] 2 SLR 414	Singapore	Cited in support of the principle that non-financial roles can be just as important as financial roles in certain circumstances.
BG v BF	District Court	Yes	[2006] SGDC 22	Singapore	Cited for the District Judge's doubt as to the size and value of the Husband's pool of assets.
BF v BG	High Court	No	[2006] SGHC 197	Singapore	The judgment being appealed from. The Court of Appeal reviewed and partially overturned the High Court's decision on various aspects of the ancillary matters.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Guardianship of Infants Act (Cap 122, 1985 Rev Ed)	Singapore
Women’s Charter (Cap 353, 1997 Rev Ed)	Singapore
Women’s Charter (Cap 353, 1997 Rev Ed)	Singapore
Women’s Charter (Cap 353, 1997 Rev Ed)	Singapore
Women’s Charter (Cap 353, 1997 Rev Ed)	Singapore
Women’s Charter (Cap 353, 1997 Rev Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Matrimonial assets
Access
Maintenance
Consent order
Decree nisi
Joint custody
Care and control
Non-disclosure
School Christmas holidays
Earning capacity

15.2 Keywords

Divorce
Family Law
Child Custody
Matrimonial Assets
Maintenance
Singapore
Court of Appeal

17. Areas of Law

Area Name	Relevance Score
Matrimonial Assets	95
Family Law	95
Access to Children	90
Division of Assets	90
Maintenance	85
Maintenance (Wife)	80
Child Custody	80

16. Subjects

Family Law
Divorce
Child Custody
Matrimonial Assets
Maintenance