BGT v BGU: Division of Matrimonial Assets and Maintenance Dispute

In the Singapore High Court case of BGT v BGU, Judith Prakash J addressed claims for division of matrimonial assets and maintenance following the divorce of BGT (wife/plaintiff) and BGU (husband/defendant). The court considered the parties' financial contributions, the treatment of the former matrimonial home, and the husband's share portfolio. The court ordered an equal division of matrimonial assets and directed the sale of the jointly-owned property, Kew Terrace, with proceeds divided equally after CPF refunds. The husband was ordered to pay the wife $386,721.15 to equalize the assets. The court also ordered the husband to pay $750 per month per child as maintenance.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Matrimonial assets to be divided equally between the parties.

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 maintenance claims in a divorce case, focusing on financial contributions and children's welfare.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BGTPlaintiffIndividualEqual division of matrimonial assetsPartial
BGUDefendantIndividualEqual division of matrimonial assetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Judith PrakashJudgeYes

4. Counsels

Counsel NameOrganization
Kelvin Lee Ming HuiShankar Ow & Partners LLP
Gulab SobhrajCrossbows LLP
Michael LowCrossbows LLP

4. Facts

  1. The parties were married in 1995 and have two children.
  2. The wife filed for divorce in November 2009.
  3. The husband was retrenched in 2009 after earning a high salary.
  4. The wife purchased the Tropica property after the interim judgment.
  5. The husband invested in shares throughout the marriage.
  6. The Tanamera property was purchased before the marriage but paid for during the marriage.

5. Formal Citations

  1. BGT v BGU, , [2013] SGHC 50
  2. BGT v BGU, DT 5731 of 2009, Divorce Suit No DT 5731 of 2009

6. Timeline

DateEvent
Parties married in Singapore
Son born
Daughter born
Parties purchased house in Kew Terrace
Husband retrenched
Tanamera property sold
Wife filed for divorce
Interim judgment of divorce granted
Wife purchased Tropica property
Interim order for husband to pay $600 monthly maintenance for children
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court ordered an equal division of the matrimonial assets.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Direct and indirect contributions
      • Inclusion of pre-marital assets
      • Treatment of assets acquired after separation
  2. Child Maintenance
    • Outcome: The court ordered the husband to pay $750 per month per child as maintenance.
    • Category: Substantive
    • Sub-Issues:
      • Reasonableness of expenses
      • Proportionate contribution based on income
      • Standard of living

8. Remedies Sought

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

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets
  • Maintenance

10. Practice Areas

  • Divorce
  • Family Law
  • Matrimonial Asset Division
  • Child Maintenance

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Yeo Chong Lin v Tay Ang Choo NancyCourt of AppealYes[2011] 2 SLR 1157SingaporeCited regarding the valuation date of matrimonial assets and the treatment of assets acquired after the interim judgment.
Anthony Patrick Nathan v Chan Siew ChinHigh CourtYes[2011] 4 SLR 1121SingaporeCited regarding the principle that a spouse should not bear the risk of a fall in value or benefit from appreciation of an asset due to the unilateral actions of the other spouse.
Ong Boon Huat Samuel v Chan Mei Lan KristineCourt of AppealYes[2007] 2 SLR(R) 729SingaporeCited regarding the court's discretion to exclude an asset from the pool of matrimonial assets when one party refused to participate in its acquisition.
Lock Yeng Fun v Chua Hock ChyeCourt of AppealYes[2007] 3 SLR(R) 520SingaporeCited regarding the difficulty in evaluating non-financial contributions of a homemaker and the need to ensure equitable share in matrimonial assets.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

  • Matrimonial assets
  • Interim judgment
  • CPF account
  • Share portfolio
  • Maintenance
  • Direct contribution
  • Indirect contribution
  • Tropica property
  • Kew Terrace
  • Tanamera property

15.2 Keywords

  • divorce
  • matrimonial assets
  • maintenance
  • Singapore
  • family law
  • child support
  • asset division

17. Areas of Law

Area NameRelevance Score
Matrimonial Assets98
Family Law95
Maintenance92
Divorce90
Child Support88
Child Custody85
Property Law40
Contract Law30
Civil Procedure25

16. Subjects

  • Family Law
  • Divorce
  • Asset Division
  • Child Support