BJZ v BKA: Bitterly Contested Divorce Over Matrimonial Assets, Child Custody, and Maintenance
In the divorce case of BJZ v BKA, the High Court of Singapore, presided over by Judith Prakash J, addressed disputes over care and control of the children, division of matrimonial assets, and maintenance. The court granted the wife, BJZ, care and control of the younger son, C, and ordered the division of the matrimonial home and other assets, with the husband, BKA, required to make a lump sum maintenance payment to the wife. The judgment was delivered on 2013-08-02.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Orders made for care and control of the younger son, division of the matrimonial home, division of other matrimonial assets, and lump sum maintenance payment to the wife.
1.3 Case Type
Family
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Divorce case involving dispute over child custody, division of matrimonial assets, and maintenance. The court granted the wife care and control of the younger son.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| BJZ | Plaintiff | Individual | Granted care and control of the younger son, C; awarded 50% share of the Home; awarded $3,370,016 for other assets; awarded lump sum maintenance of $1,382,400 | Partial | |
| BKA | Defendant | Individual | Ordered to provide access to C; ordered to divide the Home equally; ordered to pay $1,575,585 to the wife; ordered to pay lump sum maintenance of $1,382,400 to the wife | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Foo Siew Fong | Harry Elias Partnership LLC |
| Luna Yap | Luna Yap & Co |
4. Facts
- The parties were married on 21 September 1990 and have two sons.
- The wife filed for divorce on 7 September 2010, and interim judgment was granted on 1 February 2011.
- The parties disputed care and custody of the children, division of matrimonial assets, and maintenance.
- The husband is 53 years old, and the wife is 50 years old.
- Both parties are in the medical profession.
- The parties bought their first matrimonial home in 1991 for $1m and sold it in October 2005 for $2.48m.
- The net profits from the sale of the first property were reinvested in the replacement matrimonial home, purchased in 2005.
5. Formal Citations
- BJZ v BKA, Divorce Suit No DT 4541 of 2010, [2013] SGHC 149
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties bought their first matrimonial home | |
| Elder son born | |
| Younger son born | |
| Husband went into private practice | |
| First property sold | |
| Replacement matrimonial home purchased | |
| Husband left the wife | |
| Wife filed for divorce | |
| Interim judgment granted to wife | |
| Ancillary matters came on for hearing before a High Court Judge | |
| Judge made a maintenance order in favor of the wife | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court applied the classification method to divide the assets, awarding the wife 50% of the matrimonial home and 37% of the other assets.
- Category: Substantive
- Sub-Issues:
- Valuation of assets
- Direct financial contributions
- Indirect financial contributions
- Date of division
- Related Cases:
- [2011] 2 SLR 1157
- [2007] 3 SLR(R) 743
- Child Custody
- Outcome: The court granted the wife sole care and control of the younger son, C, with reasonable access to the husband.
- Category: Substantive
- Sub-Issues:
- Care and control
- Access rights
- Best interests of the child
- Wife's Maintenance
- Outcome: The court ordered the husband to pay the wife a lump sum maintenance of $1,382,400.
- Category: Substantive
- Sub-Issues:
- Lump sum maintenance
- Multiplier calculation
- Reasonable monthly expenditure
- Related Cases:
- [2003] SGHC 109
- [1993] 2 SLR(R) 545
- [2012] 4 SLR 405
8. Remedies Sought
- Divorce
- Division of Matrimonial Assets
- Child Custody
- Maintenance
9. Cause of Actions
- Divorce
10. Practice Areas
- Family Litigation
- Divorce
- Child Custody
- Matrimonial Asset Division
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Yeo Chong Lin v Tay Ang Choo Nancy and another appeal | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited for the possible dates which a court could conceivably adopt as the operative date for division of the assets. |
| NK v NL | Court of Appeal | Yes | [2007] 3 SLR(R) 743 | Singapore | Cited for guidance as to how contributions to the acquisition of a matrimonial home should be assessed and the classification method of division of matrimonial assets. |
| Ng Ngah Len @ Datin Sandra Kauh v Kuah Tian Nam @ Dato Peter Kuah | High Court | Yes | [2003] SGHC 109 | Singapore | Cited for fixing a multiplier of 16 in respect of a husband who was a 52 year old businessman and a wife who was a 46 year old housewife. |
| Ong Chen Leng v Tan Sau Poo | Unknown | Yes | [1993] 2 SLR(R) 545 | Singapore | Cited for the proposition that for the calculation of lump sum maintenance a straight line calculation should be used. |
| Wan Lai Cheng v Quek Seow Kee and another appeal and another matter | Court of Appeal | Yes | [2012] 4 SLR 405 | Singapore | Cited for endorsing and updating the principle established in Ong Chen Leng regarding the calculation of lump sum maintenance. |
| AFS v AFU | Unknown | Yes | [2011] 3 SLR 275 | Singapore | Cited as guidance for division of assets. |
| Ng Ah Yiew v Goh Chai Seng | High Court | Yes | [2011] SGHC 217 | Singapore | Cited as guidance for division of assets. |
| ATT v ATS | Unknown | Yes | [2012] 2 SLR 859 | Singapore | Cited as guidance for division of assets. |
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
- Care and control
- Lump sum maintenance
- Interim judgment
- Ancillary matters
- Forensic accountant
- Date of division
- Classification method
- Indirect contributions
- Reasonable access
15.2 Keywords
- Divorce
- Matrimonial Assets
- Child Custody
- Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Divorce | 95 |
| Division of Assets | 95 |
| Matrimonial Assets | 90 |
| Family Law | 90 |
| Child Custody | 85 |
| Maintenance | 80 |
| Evidence Law | 40 |
16. Subjects
- Family Law
- Divorce
- Asset Division
- Child Custody
- Maintenance