BND v BNE: Division of Matrimonial Assets and Maintenance in Divorce

In the divorce case of BND v BNE, the Singapore High Court addressed the division of matrimonial assets and maintenance for the wife and their two children. The court granted an interim judgment for divorce on 17 June 2011. The key issues were the division of the matrimonial home's sale proceeds and the determination of maintenance for the wife and children. The court awarded the wife 36% of the net sale proceeds of the matrimonial home, a lump sum for the children's maintenance, and nominal spousal maintenance.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Wife; Wife awarded 36% of matrimonial home's net sale proceeds and lump sum maintenance for children.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment on division of matrimonial assets and maintenance for wife and children in divorce case BND v BNE.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BNDPlaintiffIndividualPartial JudgmentPartial
BNEDefendantIndividualPartial JudgmentPartial

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
Gill Carrie KaurHarry Elias Partnership LLP

4. Facts

  1. Parties married on 29 April 1994.
  2. Interim judgment for divorce was granted on 17 June 2011.
  3. The matrimonial home was purchased for $1m in December 1999 and sold for $1.6m in September 2010.
  4. The husband made substantial direct financial contributions to the purchase of the matrimonial home.
  5. The wife claimed to have been the primary caregiver of the two children.
  6. The wife alleged that the husband was an avid gambler.
  7. The wife did not receive any income or profits from the partnership [C].

5. Formal Citations

  1. BND v BNE, Divorce Transferred No 3375 of 2010, [2013] SGHC 282

6. Timeline

DateEvent
Parties married
Matrimonial home purchased
Wife and children chased out of matrimonial home
Husband contracted to sell matrimonial home without wife's knowledge
Matrimonial home sold
Interim judgment for divorce granted
Order of Court made regarding custody, care and control, and access
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court awarded the wife 36% of the net sale proceeds of the matrimonial home, comprising 21% for direct financial contributions and 15% for indirect contributions.
    • Category: Substantive
    • Related Cases:
      • [2007] 2 SLR(R) 729
      • [2013] SGCA 60
  2. Maintenance for Wife and Children
    • Outcome: The court awarded a lump sum maintenance of $168,000 for the two children and nominal spousal maintenance of $1 per month.
    • Category: Substantive

8. Remedies Sought

  1. Division of Matrimonial Assets
  2. Maintenance for Wife
  3. Maintenance for Children

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Ong Boon Huat Samuel v Chan Mei Lan KristineUnknownYes[2007] 2 SLR(R) 729SingaporeCited for the principle of excluding property from division of matrimonial assets for reasons of justice and fairness.
Oh Choon v Lee Siew LinCourt of AppealYes[2013] SGCA 60SingaporeCited for the principle of excluding property from division of matrimonial assets for reasons of justice and fairness.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 112(10) of the Women’s CharterSingapore
s 69(5) of the Women’s CharterSingapore
Central Provident Fund Act (Cap 36, 2013 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial Assets
  • Maintenance
  • Division of Assets
  • CPF
  • Stakeholder Account
  • Lump Sum Maintenance

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets90
Division of Assets90
Divorce90
Maintenance85
Maintenance (Child)80
Matrimonial Home80
Maintenance (Wife)75
Child Custody70
Child Support70
Evidence40

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Maintenance