BHP v BHQ: Division of Matrimonial Assets in Divorce Involving Investment Properties and Child Maintenance
In the Singapore High Court case of *BHP v BHQ*, Tay Yong Kwang J addressed ancillary matters following a divorce, including custody, maintenance, and division of matrimonial assets. The court awarded joint custody to both parties, with care and control to the wife. The husband was ordered to pay monthly maintenance for the wife and children, including additional expenses for their son with special needs. The primary dispute concerned the division of the matrimonial home and several investment properties. The court awarded the matrimonial home to the wife, while the husband retained the investment properties. The court also set caps on the child's treatment expenses. The husband has appealed the decision.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for division of matrimonial assets, including the matrimonial home and investment properties, and for child maintenance, with specific caps on treatment expenses.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court judgment on division of matrimonial assets and child maintenance in a divorce case, considering investment properties and special needs of a child.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BHP | Plaintiff | Individual | Matrimonial home awarded to plaintiff | Partial | Alain Johns |
| BHQ | Defendant | Individual | Investment properties retained by defendant | Partial | |
| Another | Defendant | Individual | Neutral | Neutral |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Alain Johns | Alain Johns Partnership |
4. Facts
- The plaintiff and defendant were married in 2000 and have three children.
- The marriage broke down in 2008, and divorce proceedings commenced in 2009.
- The matrimonial home is a condominium unit in joint names, valued at $3.6m.
- The husband is an accountant earning $23,000 per month.
- The wife works part-time, earning $5,000 per month.
- The husband has investment properties in Singapore and Thailand.
- One child has Global Development Delay and requires special treatment.
5. Formal Citations
- BHP v BHQ, DT Suit No 4756 of 2009, [2013] SGHC 103
6. Timeline
| Date | Event |
|---|---|
| Marriage in Singapore | |
| Matrimonial home bought | |
| Marriage broke down | |
| Husband left the matrimonial home | |
| Divorce proceedings commenced | |
| Interim judgment granted | |
| Investment Property 1 sold | |
| Judgment issued |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court ordered the matrimonial home to be given to the wife and the investment properties to remain with the husband.
- Category: Substantive
- Child Maintenance
- Outcome: The court ordered the husband to pay monthly maintenance for the children and capped the expenses for child 2's treatment.
- Category: Substantive
8. Remedies Sought
- Division of matrimonial assets
- Child maintenance
- Custody of children
9. Cause of Actions
- Divorce
10. Practice Areas
- Divorce
- Family Law
- Matrimonial Asset Division
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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial assets
- Investment properties
- Child maintenance
- Global Development Delay
- Penthouse
- Joint custody
- Ancillary matters
15.2 Keywords
- divorce
- matrimonial assets
- child maintenance
- investment properties
- family law
- singapore
16. Subjects
- Family Law
- Divorce
- Property Law
17. Areas of Law
- Family Law
- Divorce Law
- Matrimonial Assets
- Child Maintenance