BAJ v BAK: Division of Matrimonial Assets in Singapore Divorce Case

In BAJ v BAK, the Singapore High Court addressed the division of matrimonial assets following a divorce. The Plaintiff, BAJ, and the Defendant, BAK, both filed writs of divorce which were subsequently consolidated. The primary asset in dispute was the matrimonial property. Hoo Sheau Peng JC ordered the sale of the property, with the net proceeds divided 52.5% to BAJ and 47.5% to BAK, considering both direct and indirect contributions to the acquisition and maintenance of the property and family well-being. The court also addressed custody and maintenance of the child, with no maintenance ordered for the Plaintiff.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Order for sale of matrimonial property with proceeds divided 52.5% to the Plaintiff and 47.5% to the Defendant.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court case concerning the division of matrimonial assets following a divorce, focusing on direct and indirect contributions to the property.

1.7 Decision Date

4 May 2016

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
BAJ	Plaintiff	Individual	Division of matrimonial property	Partial	Vinit Chhabra of Vinit Chhabra Partnership
BAK	Defendant	Individual	Division of matrimonial property	Partial	Wong Tze Roy of Goh JP & Wong LLC

3. Judges

Judge Name	Title	Delivered Judgment
Hoo Sheau Peng	Judicial Commissioner	Yes

4. Counsels

Counsel Name	Organization
Vinit Chhabra	Vinit Chhabra Partnership
Wong Tze Roy	Goh JP & Wong LLC

4. Facts

The Plaintiff and Defendant were married on 18 June 2006 and have one child born on 29 November 2006.
The Plaintiff filed for divorce on 24 June 2009, and the Defendant filed for divorce on 30 June 2009; the actions were consolidated.
An interim judgment of divorce was granted on 1 August 2011.
The main matrimonial asset was a property purchased for $1.3 million, financed by a $660,000 loan.
The Plaintiff moved to Hong Kong with the child around September 2009 and set up her own clinic.
The Defendant continued to reside at the matrimonial property.
The court adopted the figure of $4.3 million as the value of the matrimonial property.

5. Formal Citations

BAJ v BAK and another matter, , [2016] SGHC 86

6. Timeline

Date	Event
2006-06-18	Parties married
2006-11-29	Child born
2009-06-24	Plaintiff filed writ of divorce
2009-06-30	Defendant filed writ of divorce
2009-09-01	Plaintiff and child moved to Hong Kong
2011-08-01	Interim judgment of divorce granted
2015-03-23	First hearing on ancillary matters
2015-08-12	Orders made regarding custody, maintenance, and division of matrimonial property
2015-08-15	Child maintenance payment effective
2015-11-19	Plaintiff applied for extension of time to appeal
2016-02-25	Defendant applied for extension of time to appeal
2016-03-10	Court of Appeal granted applications for extension of time
2016-03-17	Parties filed notices of appeal
2016-05-05	Judgment issued

7. Legal Issues

Division of Matrimonial Assets
- Outcome: The court ordered the sale of the matrimonial property and divided the net proceeds 52.5% to the Plaintiff and 47.5% to the Defendant, considering both direct and indirect contributions.
- Category: Substantive
- Related Cases:
  - [2015] 4 SLR 1043
  - [2009] 4 SLR(R) 935

8. Remedies Sought

Division of matrimonial assets
Sale of matrimonial property

9. Cause of Actions

No cause of actions

10. Practice Areas

Divorce
Family Law
Asset Division

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
ANJ v ANK	Court of Appeal	Yes	[2015] 4 SLR 1043	Singapore	Cited for the structured approach to achieve a just and equitable division of matrimonial assets.
Pang Rosaline v Chan Kong Chin	N/A	Yes	[2009] 4 SLR(R) 935	Singapore	Cited to support the point that having domestic help does not negate indirect contributions to the marriage and family.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

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

15. Key Terms and Keywords

15.1 Key Terms

Matrimonial asset
Direct contribution
Indirect contribution
Division of assets
Women's Charter
Structured approach
Interim judgment
Ancillary matters

15.2 Keywords

divorce
matrimonial assets
property division
family law
singapore

17. Areas of Law

Area Name	Relevance Score
Division of Assets	95
Matrimonial Assets	95
Family Law	95
Child Custody	60
Child Support	60
Maintenance	50
Property Law	30
Contract Law	10

16. Subjects

Family Law
Divorce
Matrimonial Assets
Property Division