BCB v BCC: Division of Matrimonial Assets and Child Custody Dispute in Divorce
In the divorce case of *BCB v BCC*, the High Court of Singapore, presided over by Lee Seiu Kin J, issued a judgment on 17 July 2012, addressing the division of matrimonial assets, child custody, care, and control, and maintenance. The Husband filed for divorce based on four years' separation, which the Wife did not contest. The court awarded joint custody of the three children to both parents, with care and control to the Wife, and outlined access arrangements for the Husband. The court ordered the division of matrimonial assets, including the Braemar home and Serangoon HDB flat, with a 30/70 split in favor of the Wife. The Husband was ordered to pay child maintenance and nominal spousal maintenance.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made pertaining to custody, care and control of the three children, maintenance for the three children and the Wife, and division of matrimonial assets.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case involving division of matrimonial assets, child custody, care, and control. The court awarded care and control to the Wife and divided assets.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BCB | Plaintiff | Individual | Orders made pertaining to custody, care and control of the three children, maintenance for the three children and the Wife, and division of matrimonial assets. | Partial | |
| BCC | Defendant | Individual | Orders made pertaining to custody, care and control of the three children, maintenance for the three children and the Wife, and division of matrimonial assets. | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Mimi Oh | Mimi Oh & Associates |
4. Facts
- The Husband and Wife were married in January 1991 and have three children.
- The Husband filed for divorce on 20 August 2010, based on four years' separation.
- The Wife did not contest the divorce, and interim judgment was granted on 27 October 2010.
- The Husband is self-employed and earns about $7,000 per month.
- The Wife is a manager earning a net income of $4,350 per month.
- The parties owned a Braemar home and a Serangoon HDB flat, which were considered matrimonial assets.
- The Wife had a higher direct financial contribution to the purchase of the matrimonial properties.
5. Formal Citations
- BCB v BCC, Divorce Transfer No 4208 of 2010, [2012] SGHC 144
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties moved into an HDB maisonette flat | |
| B born | |
| C born | |
| Parties sold the HDB maisonette flat | |
| Parties purchased and moved into an HDB flat at Serangoon Ave 3 | |
| D born | |
| Parties purchased a house at Braemar Drive | |
| Parties separated | |
| Divorce suit filed | |
| Interim judgment granted | |
| Weekly access to plaintiff to commence | |
| Orders made pertaining to custody, care and control of the three children, maintenance for the three children and the Wife, and division of matrimonial assets | |
| Judgment issued | |
| Appeal to this decision in Civil Appeal No 15 of 2012 was allowed in part by the Court of Appeal |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered the division of matrimonial assets, including the Braemar home and Serangoon HDB flat, with a 30/70 split in favor of the Wife.
- Category: Substantive
- Child Custody, Care and Control
- Outcome: The court awarded joint custody to both parents, with care and control to the Wife, and outlined access arrangements for the Husband.
- Category: Substantive
- Child Maintenance
- Outcome: The Husband was ordered to pay child maintenance.
- Category: Substantive
- Spousal Maintenance
- Outcome: The Husband was ordered to pay nominal spousal maintenance of $1 per month.
- Category: Substantive
8. Remedies Sought
- Divorce
- Division of Matrimonial Assets
- Child Custody
- Child Maintenance
- Spousal Maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Child Custody
- Care and Control
- Maintenance
- Divorce
- HDB Flat
- Braemar Home
15.2 Keywords
- Divorce
- Matrimonial Assets
- Child Custody
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Division of Assets | 90 |
| Matrimonial Assets | 90 |
| Divorce | 90 |
| Child Custody | 85 |
| Child Support | 85 |
| Spousal Support | 80 |
| Property Law | 75 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Custody
- Maintenance