BND v BNE: Division of Matrimonial Assets and Financial Contributions in Divorce Proceedings

In the divorce case of BND v BNE, the High Court of Singapore, presided over by Justice Andrew Ang, issued a supplementary judgment on February 18, 2014, following further arguments from the husband, BNE, regarding the division of matrimonial assets. The court adjusted the husband's financial contribution to the matrimonial home based on new evidence, resulting in a revised distribution of the net sale proceeds, with the wife, BND, receiving a reduced share. The court ordered the husband to bear the costs of the ancillary hearings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Husband's financial contribution to the matrimonial home adjusted upwards; wife's share of net sale proceeds adjusted downwards pro tanto. Costs of ancillary hearings borne by the husband.

1.3 Case Type

Family

1.4 Judgment Type

Supplementary Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Supplementary judgment in a divorce case concerning the division of matrimonial assets, specifically addressing the husband's financial contribution to the matrimonial home.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BNDPlaintiffIndividualShare of matrimonial home net sale proceeds reducedPartial
BNEDefendantIndividualFinancial contribution to matrimonial home adjusted upwardsPartial

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
Gill Carrie KaurHarry Elias Partnership LLP

4. Facts

  1. The husband requested further arguments after the initial judgment regarding the division of matrimonial assets.
  2. The husband produced a letter from the Central Provident Fund Board (CPF Letter) showing a higher principal amount withdrawn for the matrimonial home than previously calculated.
  3. The wife objected to the adjustment, arguing the husband had been asked to produce the CPF Letter earlier but chose not to.
  4. The court allowed the upward adjustment of the husband’s financial contribution based on the CPF Letter.
  5. The husband's percentage contribution towards the purchase of the matrimonial home increased from 79% to 79.5%.
  6. The wife’s contribution was reduced pro tanto to 20.5% instead of 21%.

5. Formal Citations

    6. Timeline

    DateEvent
    Central Provident Fund Board issued letter regarding withdrawal for matrimonial home.
    Goodwins Law Corporation issued earlier letter regarding withdrawal for matrimonial home.
    Goodwins Law Corporation issued later letter regarding withdrawal for matrimonial home.
    Written judgment released.
    Further arguments heard by the court.
    Further arguments heard by the court.
    Supplementary judgment issued.

    7. Legal Issues

    1. Division of Matrimonial Assets
      • Outcome: The court adjusted the husband's financial contribution to the matrimonial home based on new evidence, resulting in a revised distribution of the net sale proceeds.
      • Category: Substantive
      • Sub-Issues:
        • Financial contribution to matrimonial home
    2. Admissibility of Evidence
      • Outcome: The court allowed the admission of the CPF Letter despite the husband's delay in producing it, as it contained the accurate principal amount withdrawn from his CPF account.
      • Category: Procedural

    8. Remedies Sought

    1. Adjustment of financial contribution to matrimonial home
    2. Division of matrimonial assets

    9. Cause of Actions

    • No cause of actions

    10. Practice Areas

    • Divorce
    • Family Litigation

    11. Industries

    • No industries specified

    12. Cited Cases

    Case NameCourtAffirmedCitationJurisdictionSignificance
    No cited cases

    13. Applicable Rules

    Rule Name
    No applicable rules

    14. Applicable Statutes

    Statute NameJurisdiction
    s 112 of the Women’s CharterSingapore
    s 15(2) or s 27 of the Central Provident Fund Act (Cap 36, 2013 Rev Ed)Singapore

    15. Key Terms and Keywords

    15.1 Key Terms

    • Matrimonial home
    • Central Provident Fund
    • Financial contribution
    • Ancillary proceedings
    • Net sale proceeds

    15.2 Keywords

    • Divorce
    • Matrimonial Assets
    • Financial Contribution
    • CPF
    • Singapore

    17. Areas of Law

    Area NameRelevance Score
    Family Law95
    Matrimonial Assets90
    Divorce90
    Division of Matrimonial Property85
    Financial contribution70
    Indirect Contribution60
    Evidence Law50
    Civil Procedure30
    Costs20

    16. Subjects

    • Family Law
    • Divorce
    • Asset Division