BHN v BHO: Division of Matrimonial Assets After Divorce

In BHN v BHO, the High Court of Singapore addressed the division of matrimonial assets following the divorce of BHN (the wife) and BHO (the husband) after 20 years of marriage. The primary issue was the division of the jointly-owned matrimonial home. The court awarded BHO a 60% share and BHN a 40% share, considering their direct and indirect financial contributions, including the wife's interest in another property (Lagoon View) and the husband's significant contributions to household expenses. BHN appealed the decision, but the court upheld the original order.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed; original order of 60/40 split of matrimonial property upheld.

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, specifically the matrimonial home, after a 20-year marriage. The court awarded the husband 60% and the wife 40% share.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BHNPlaintiffIndividualShare of matrimonial property reducedLost
BHODefendantIndividualRetained larger share of matrimonial propertyWon

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJYes

4. Counsels

Counsel NameOrganization
Wong Soo ChihHo, Wong & Partners
Tan Siew KimRHTLaw Taylor Wessing LLP
Christine TanRHTLaw Taylor Wessing LLP

4. Facts

  1. The plaintiff and defendant were married for over 20 years and have two children.
  2. The parties agreed on custody, care, control, access, and maintenance issues.
  3. The main unresolved issue was the division of the matrimonial property.
  4. The matrimonial property was jointly owned and valued at $1.8 million.
  5. The plaintiff sought an 80/20 division in her favor, while the defendant sought a 60/40 division in his favor.
  6. The plaintiff had an interest in another property, Lagoon View, valued at $1.9 million.
  7. The defendant argued he was the main contributor to household expenses, enabling the plaintiff to acquire Lagoon View.

5. Formal Citations

  1. BHN v BHO, Divorce Suit No 2038 of 2011, [2013] SGHC 91

6. Timeline

DateEvent
Parties married
Parties jointly purchased Loyang property
Parties purchased matrimonial property
Parties resided at the matrimonial property
Matrimonial property rented out
Parties decided to live separately
Consent order reached for interim maintenance
Deed of separation entered into
Divorce proceedings commenced
Interim judgment granted
Loyang property sold
Hearing of ancillary matters
Decision date

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined that a 60/40 split of the matrimonial property in favor of the husband was just and equitable, considering both direct and indirect contributions, as well as the wife's other assets.
    • Category: Substantive
    • Sub-Issues:
      • Direct financial contributions
      • Indirect financial contributions
      • Valuation of assets
      • Treatment of assets acquired before marriage but contributed to during marriage

8. Remedies Sought

  1. Division of Matrimonial Property
  2. Maintenance

9. Cause of Actions

  • Divorce
  • Division of Matrimonial Assets

10. Practice Areas

  • Divorce
  • Family Litigation

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BCB v BCCSingapore Court of AppealYes[2013] 2 SLR 324SingaporeCited as a reminder that indirect contributions should be taken fully into account and direct contributions should not be given undue emphasis.
Soh Chan Soon v Tan Choon YockHigh CourtYes[1998] SGHC 204SingaporeCited for the principle that in a marriage with limited means, each party contributes in monetary or non-monetary terms, and it would not be right to treat the party with direct monetary contribution as having made a greater contribution.
NK v NLN/ANo[2007] 3 SLR(R) 743SingaporeCited in relation to the observations in Soh Chan Soon v Tan Choon Yock.
Pang Rosaline v Chan Kong ChinN/ANo[2009] 4 SLR(R) 935SingaporeCited to show that the arrangement where part of the defendant's income would be applied towards household outgoings, whereas it was merely a matter of practicality that the plaintiff paid the mortgage instalments because she was entitled to a preferential staff loan as a bank employee.
Lim Choon Lai v Chew Kim HengN/ANo[2001] 2 SLR(R) 260SingaporeCited to show that the court must take a broader view of the circumstances, giving adequate weight to parties’ direct as well as indirect financial contributions.
Chee Kok Choon v Sern Kuang EngN/AYes[2005] 4 MLJ 461MalaysiaCited for the interpretation of the phrase 'acquired during the marriage' in the context of matrimonial assets.
BGT v BGUHigh CourtNo[2013] SGHC 50SingaporeCited to support the principle that contributions to an investment property made during the marriage, even if the property was purchased before the marriage, can be considered 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 Property
  • Matrimonial Assets
  • Division of Assets
  • Direct Financial Contributions
  • Indirect Financial Contributions
  • Lagoon View
  • Main Contributor Argument

15.2 Keywords

  • divorce
  • matrimonial assets
  • division of assets
  • family law
  • singapore

17. Areas of Law

Area NameRelevance Score
Division of Assets95
Divorce95
Matrimonial Assets95
Family Law95
Child Custody70
Child Support70
Maintenance70
Trust Law30
Trusts and Estates30

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets