BJS v BJT: Division of Matrimonial Assets and Maintenance in Divorce

In the divorce case of BJS (the wife) v BJT (the husband), the High Court of Singapore, presided over by Belinda Ang Saw Ean J, addressed the division of matrimonial assets and maintenance. The court considered various assets, including properties in Singapore and China, business interests, and CPF contributions. The court ordered the husband to transfer the HDB flat to the wife, pay her a sum of S$6,507, and provide monthly maintenance of S$1,800 for their son and S$1,200 for the wife.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Orders made for division of matrimonial assets and monthly maintenance payments.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case concerning the division of matrimonial assets and maintenance, focusing on properties, business interests, and CPF contributions. The court determined the division of assets and ordered monthly maintenance payments.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BJSPlaintiffIndividualDivision of Matrimonial Assets and Monthly Maintenance GrantedPartial
BJTDefendantIndividualDivision of Matrimonial Assets and Monthly Maintenance OrderedPartial

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudgeYes

4. Counsels

Counsel NameOrganization
Luna YapLuna Yap LLC
Johnson LooDrew & Napier LLC

4. Facts

  1. The parties were married in 2002 and separated in 2004.
  2. The husband owns a successful business operated through Company 1.
  3. The wife was a director and shareholder of Company 2, incorporated during the marriage.
  4. The husband paid for the Xiamen property, registered in the wife's name, which was later sold.
  5. The parties lived in Property Y, an apartment owned by the husband's father.
  6. The wife was the primary caregiver for their son.
  7. The husband was investigated for tax evasion during the marriage.

5. Formal Citations

  1. BJS v BJT, Divorce Suit No 3657 of 2008, [2013] SGHC 130

6. Timeline

DateEvent
Parties married
Parties separated
Divorce proceedings commenced
Interim judgment granted
Judgment reserved
Interim maintenance order obtained
Interim maintenance increased
Wife resigned as director and transferred shares
Company 2 struck off the company register

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined which assets were to be included in the pool of matrimonial assets and how they should be divided between the parties.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Inclusion of assets acquired before marriage
      • Contributions to the acquisition of assets
      • Beneficial interest in property
    • Related Cases:
      • [2000] 3 SLR(R) 647
      • [2008] SGHC 221
      • [2013] 2 SLR 324
      • [2007] 2 SLR(R) 729
  2. Maintenance for Wife and Child
    • Outcome: The court ordered the husband to pay monthly maintenance for both the wife and the child, setting specific amounts for each.
    • Category: Substantive
    • Sub-Issues:
      • Reasonableness of expenses
      • Earning capacity of parties
      • Financial position of parties
      • Needs of the child
    • Related Cases:
      • [2005] SGHC 209

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Custody, Care and Control of Child
  3. Maintenance for Wife and Child

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ryan Neil John v Berger RosalineHigh CourtYes[2000] 3 SLR(R) 647SingaporeCited to define 'ordinarily used' in the context of matrimonial assets acquired before marriage.
Tang Ngai Sheung Peggy v Wong Yeu YuHigh CourtYes[2008] SGHC 221SingaporeCited to support the position that property can be treated as a matrimonial asset even if the parties were separated when the husband became beneficially entitled to it.
BCB v BCCCourt of AppealYes[2013] 2 SLR 324SingaporeCited for the principle that there is no bias in favor of the income earner when evaluating contributions to the marriage and family welfare.
Ong Boon Huat Samuel v Chan Mei Lan KristineCourt of AppealYes[2007] 2 SLR(R) 729SingaporeCited to distinguish the present case from short, childless marriages where division of assets is usually based on direct financial contributions.
Lee Bee Kim Jennifer v Lim Yew Khang CecilHigh CourtYes[2005] SGHC 209SingaporeCited for the principle that the final maintenance order should not be pegged to the interim maintenance order.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • HDB Flat
  • Property Y
  • Company 1
  • Company 2
  • Xiamen Property
  • Maintenance
  • Interim Maintenance
  • Direct Contributions
  • Indirect Contributions

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • family law
  • Singapore
  • HDB flat
  • child custody

17. Areas of Law

Area NameRelevance Score
Divorce100
Division of Assets95
Matrimonial Assets95
Division of Matrimonial Assets95
Custody of Children90
Access to Children90
Child Support90
Care and Control90
Child Custody90
Maintenance80
Spousal Support80
Children's Welfare70

16. Subjects

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