BJV v BJW: Division of Matrimonial Assets and Child Custody Dispute in Divorce
In the divorce case of *BJV v BJW*, the High Court of Singapore, presided over by Justice Choo Han Teck on 24 July 2013, addressed the division of matrimonial assets and child custody arrangements. The plaintiff (wife) sought an equal division of all matrimonial assets, challenging a prior deed of separation. The defendant (husband) argued for the deed's enforcement. The court granted joint custody to both parents, with care and control to the defendant, and ordered the defendant to pay the plaintiff a lump sum maintenance of $380,000, while largely upholding the terms of the deed of separation.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for joint custody with care and control to the defendant and reasonable access to the plaintiff. Deed of separation largely undisturbed with adjustments for lump sum maintenance.
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 and child custody. The court upheld the deed of separation with adjustments for lump sum maintenance.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BJV | Plaintiff | Individual | Orders made for joint custody with care and control to the defendant and reasonable access to the plaintiff. Deed of separation largely undisturbed with adjustments for lump sum maintenance. | Partial | |
| BJW | Defendant | Individual | Orders made for joint custody with care and control to the defendant and reasonable access to the plaintiff. Deed of separation largely undisturbed with adjustments for lump sum maintenance. | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
4. Facts
- The parties are Americans of Korean descent who married on 9 February 1998 and separated on 28 May 2009.
- The plaintiff returned to the United States of America in October 2010.
- The parties have two sons, B born on 18 November 2000 and C born on 3 December 2002.
- The matrimonial home at Horizon Towers is owned by the defendant in his sole name.
- The plaintiff has two properties in the USA known as the Ashland Property and the Bryn Mawr Property.
- The defendant was paying $5,500 as maintenance for the defendant and the sons jointly, but this amount was reduced to $3,500 as maintenance for the plaintiff after he took over care and control of the two sons.
- The children expressed a clear preference to stay with their father in Singapore.
5. Formal Citations
- BJV v BJW, Divorce (T) Suit No 5953 of 2010, [2013] SGHC 140
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Son B born | |
| Son C born | |
| Bryn Mawr Property acquired | |
| Horizon Towers property purchased | |
| Ashland Property acquired | |
| Parties separated | |
| Deed of separation dated | |
| Parties briefly attempted reconciliation | |
| Plaintiff returned to the United States of America | |
| Interim judgment in divorce suit granted | |
| Bryn Mawr Property valued | |
| Defendant wants interim maintenance to cease | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court largely upheld the deed of separation with adjustments for lump sum maintenance.
- Category: Substantive
- Child Custody
- Outcome: The court granted joint custody to both parents, with care and control to the defendant and reasonable access to the plaintiff.
- Category: Substantive
8. Remedies Sought
- Division of Matrimonial Assets
- Child Custody
- Maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Family Law
- Divorce 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 |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Deed of Separation
- Matrimonial Assets
- Care and Control
- Reasonable Access
- Lump Sum Maintenance
15.2 Keywords
- divorce
- matrimonial assets
- child custody
- maintenance
- deed of separation
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Divorce | 95 |
| Family Law | 90 |
| Matrimonial Assets | 85 |
| Child Custody | 80 |
| Child Support | 75 |
| Maintenance | 70 |
| Succession Law | 30 |
16. Subjects
- Family Law
- Divorce
- Child Custody
- Matrimonial Assets