BCB v BCC: Division of Matrimonial Assets and Child Custody Dispute under Women's Charter

In BCB v BCC, the Court of Appeal of Singapore heard an appeal on 28 January 2013 regarding the High Court's decision on the division of matrimonial assets and care and control of children following a divorce. The court dismissed the husband's appeal concerning child custody, upholding the High Court's decision. However, the court allowed the appeal regarding the division of matrimonial assets, adjusting the split of the net sale proceeds from the properties to 40% for the husband and 60% for the wife, citing the need for a broad-brush approach considering all direct and indirect contributions.

1. Case Overview

1.1 Court

Court of Appeal

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal concerning care and control of children and division of matrimonial assets. The court dismissed the appeal on child custody but allowed the appeal regarding asset division.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BCBAppellantIndividualAppeal allowed in partPartial
Raymond Yeo of Raymond Yeo
BCCRespondentIndividualAppeal denied in partPartial

3. Judges

Judge NameTitleDelivered Judgment
Sundaresh MenonChief JusticeNo
Andrew Phang Boon LeongJustice of the Court of AppealYes
Tan Lee MengJudgeNo

4. Counsels

Counsel NameOrganization
Raymond YeoRaymond Yeo
Mimi OhRHT Law Taylor Wessing LLP
Simren KaurRHT Law Taylor Wessing LLP
Cindy LimRHT Law Taylor Wessing LLP

4. Facts

  1. The husband appealed the High Court's decision on care and control of children and division of matrimonial assets.
  2. The marriage lasted 15 years.
  3. The couple had three children.
  4. The wife made greater direct financial contributions to the matrimonial assets.
  5. The husband contributed to family expenses, especially in the early years of the marriage.
  6. The matrimonial assets included the Braemar Home, the HDB Flat, assets in the Husband’s name and assets in the Wife’s name.

5. Formal Citations

  1. BCB v BCC, Civil Appeal No 15 of 2012, [2013] SGCA 14
  2. BCB v BCC, , [2012] SGHC 144

6. Timeline

DateEvent
High Court decision issued in BCB v BCC [2012] SGHC 144
Civil Appeal No 15 of 2012 filed
Judgment reserved
Court of Appeal decision delivered

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court allowed the appeal, adjusting the division of matrimonial assets to 40% for the husband and 60% for the wife.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of indirect contributions
      • Application of broad-brush approach
    • Related Cases:
      • [2007] 3 SLR(R) 743
  2. Care and Control of Children
    • Outcome: The court dismissed the appeal, upholding the High Court's decision on care and control of the children.
    • Category: Substantive

8. Remedies Sought

  1. Appeal of High Court decision
  2. Adjustment of division of matrimonial assets
  3. Change in care and control of children

9. Cause of Actions

  • Division of Matrimonial Assets
  • Child Custody Dispute

10. Practice Areas

  • Divorce Litigation
  • Family Law

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the principle that the court should utilise a broad-brush approach towards the division of matrimonial assets and not place undue emphasis on direct contributions.
Tan Bee Giok v Loh Kum YongHigh CourtYes[1996] 3 SLR(R) 605SingaporeCited as an example of the traditional approach to division of matrimonial assets, which the court in BCB v BCC disagrees with.
Soh Chan Soon v Tan Choon YockHigh CourtYes[1998] SGHC 204SingaporeCited with approval for the view that direct financial contributions are only one factor amidst the multifarious factors for consideration.
Louis Pius Gilbert v Louis Anne LiseHigh CourtYes[1999] 3 SLR(R) 402SingaporeCited for approving the observations in Soh Chan Soon v Tan Choon Yock.
Yow Mee Lan v Chen Kai BuanHigh CourtYes[2000] 2 SLR(R) 659SingaporeCited for emphasizing that a party’s financial contributions to the acquisition of any particular matrimonial asset could not be primarily determinative of how it was divided.
Lim Choon Lai v Chew Kim HengCourt of AppealYes[2001] 2 SLR(R) 260SingaporeCited for endorsing the approach in Yow Mee Lan v Chen Kai Buan and reiterating the broad-brush approach.
AYQ v AYRCourt of AppealYes[2012] SGCA 66SingaporeCited for reiterating the importance of ensuring that indirect contributions are not undervalued.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited for holding that there is no starting point, presumption or norm of an equal division of matrimonial assets.
AKF v AKGHigh CourtYes[2010] SGHC 225SingaporeDiscussed as an instructive case where the wife was awarded 40% of the matrimonial assets despite the husband's greater direct financial contribution.
Pang Rosaline v Chan Kong ChinCourt of AppealYes[2009] 4 SLR(R) 935SingaporeCited to demonstrate a trend in cases with similar facts.
Chow Hoo Siong v Lee Dawn AudreyHigh CourtYes[2003] 4 SLR(R) 481SingaporeCited to demonstrate a trend in cases with similar facts.
Pan Yee Ching v Wee Aik JooHigh CourtYes[2001] SGHC 351SingaporeCited to demonstrate a trend in cases with similar facts.
Liew Chui Fong (mw) v Yew Kok ChinHigh CourtYes[2007] SGHC 225SingaporeCited to demonstrate a trend in cases with similar facts.
YG v YHHigh CourtYes[2008] SGHC 166SingaporeCited to demonstrate a trend in cases with similar facts.
Wong Suit Kam v Tan Beng Wah BennyHigh CourtYes[2006] 2 SLR(R) 601SingaporeCited to demonstrate a trend in cases with similar facts.
AHJ v AHKHigh CourtYes[2010] SGHC 148SingaporeCited to demonstrate a trend in cases with similar facts.
AEL v AEMDistrict CourtYes[2009] SGDC 413SingaporeCited to demonstrate a trend in cases with similar facts.
Lim Ngeok Yuen v Lim Soon Heng VictorHigh CourtYes[2006] SGHC 83SingaporeCited as an uncommon case where the wife had more assets than the husband.
Yow Mee Lan v Chen Kai BuanHigh CourtYes[2000] 4 SLR 466SingaporeCited for the principle that the court should consider the marriage as a whole and the role played by each of the parties.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Care and Control
  • Broad-brush approach
  • Direct Contributions
  • Indirect Contributions
  • Division of Assets
  • Women's Charter

15.2 Keywords

  • matrimonial assets
  • child custody
  • divorce
  • family law
  • singapore
  • court of appeal
  • women's charter

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets95
Division of Assets95
Family Law90
Care and Control80
Children's Welfare70

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Custody