BNS v BNT: Division of Matrimonial Assets, Wife & Child Maintenance, and Child Custody Dispute

In the Family Justice Courts of Singapore, the case of BNS v BNT involved a divorce between BNS (the Wife) and BNT (the Husband), both Canadian citizens and Singapore permanent residents. The court addressed ancillary matters including the division of matrimonial assets, maintenance for the Wife and their two children, and orders for custody, care, and control, and access. The court ordered a division of assets favoring the Husband 60/40, maintenance for the Wife of S$2,000 per month for two years, child maintenance of S$3,000 per child per month, and joint custody with care and control granted to the Wife.

1. Case Overview

1.1 Court

Family Justice Courts of the republic of singapore

1.2 Outcome

Orders made for division of matrimonial assets, maintenance for wife and children, and joint custody with care and control to the Wife.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore court case concerning the division of matrimonial assets, maintenance for wife and children, and custody arrangements following a divorce.

1.7 Decision Date

26 February 2017

2. Parties and Outcomes

Party Name	Role	Type	Outcome	Outcome Type	Counsels
BNS	Plaintiff	Individual	Partial	Partial	Lee Ming Hui Kelvin, Samantha Ong Xin Mun, Sunitha Parhar
BNT	Defendant	Individual	Partial	Partial	Khoo Boo Teck Randolph, Moraly Joseph Veronica, Ho Wei Jing, Tricia

3. Judges

Judge Name	Title	Delivered Judgment
Valerie Thean	Judicial Commissioner	Yes

4. Counsels

Counsel Name	Organization
Lee Ming Hui Kelvin	Wnlex LLC
Samantha Ong Xin Mun	Wnlex LLC
Sunitha Parhar	S S Parhar Law Corp
Khoo Boo Teck Randolph	Drew & Napier LLC
Moraly Joseph Veronica	Drew & Napier LLC
Ho Wei Jing, Tricia	Drew & Napier LLC
Amolat Singh	Amolat & Partners

4. Facts

The Husband and Wife are Canadian citizens and Singapore permanent residents.
The parties married in 2002 and have two children.
The Wife commenced divorce proceedings in 2011.
The Husband earns S$34,863 per month, while the Wife earns around S$2,500 per month.
The Wife was the primary caregiver for the children.
The parties jointly own a bank account containing the balance of the sale proceeds of a condominium in Thailand.
The parties jointly own a cottage in Canada.

5. Formal Citations

BNS v BNT, Divorce Transfer No 704 of 2011, [2017] SGHCF 5

6. Timeline

Date	Event
2002-05-11	Parties married in Toronto, Canada.
2003-01-01	Parties became permanent residents of Singapore.
2004-10-01	Parties moved to Bangkok, Thailand.
2005-07-01	Parties purchased a condominium in Thailand.
2011-02-17	Wife commenced divorce proceedings.
2011-05-01	Deposit from Thai Condo sale transferred to Wife's account.
2012-03-26	Interim judgment granted.
2012-07-05	Wife obtained order for interim maintenance.
2016-11-09	Parties appeared before the court.
2016-11-30	Hearing date.
2016-12-12	Hearing date.
2016-12-12	Notes of Evidence date.
2016-12-01	Access commenced on the same footing.
2017-01-13	Hearing date.
2017-02-27	Judgment reserved.
2017-03-01	Maintenance payments to commence.

7. Legal Issues

Division of Matrimonial Assets
- Outcome: The court determined the pool of matrimonial assets and divided them in a 60/40 split in favor of the Husband.
- Category: Substantive
- Sub-Issues:
  - Inclusion of Thai Condo sale proceeds
  - Valuation of Canadian Cottage
  - Treatment of inherited assets
  - Allegations of dissipation
Maintenance for Wife
- Outcome: The court awarded the Wife maintenance of S$2,000 per month for a period of two years.
- Category: Substantive
- Sub-Issues:
  - Duration of maintenance
  - Amount of maintenance
  - Wife's earning potential
Maintenance for Children
- Outcome: The court ordered the Husband to contribute S$3,000 per month for each child, and to continue paying for their school fees and annual return economy tickets to Canada.
- Category: Substantive
- Sub-Issues:
  - Amount of maintenance
  - Responsibility for expenses
  - Children's needs
Child Custody, Care and Control, and Access
- Outcome: The court ordered joint custody of the children, with care and control to the Wife, and set out a detailed access schedule for the Husband.
- Category: Substantive
- Sub-Issues:
  - Joint custody
  - Care and control
  - Access arrangements
  - Welfare of the children

8. Remedies Sought

Division of matrimonial assets
Maintenance for wife
Maintenance for children
Custody of children
Care and control of children
Access to children

9. Cause of Actions

Divorce

10. Practice Areas

Divorce
Family Litigation

11. Industries

No industries specified

12. Cited Cases

Case Name	Court	Affirmed	Citation	Jurisdiction	Significance
BNS v BNT	Court of Appeal	Yes	[2015] 3 SLR 973	Singapore	Dealt with the Wife’s application for relocation.
ANJ v ANK	Court of Appeal	Yes	[2015] 4 SLR 1043	Singapore	Set out a structured approach to determine a just and equitable division of matrimonial assets.
Twiss, Christopher James Hans v Twiss, Yvonne Prendergast	Court of Appeal	Yes	[2015] SGCA 52	Singapore	To determine a just and equitable division of matrimonial assets.
NK v NL	High Court	Yes	[2007] 3 SLR(R) 743	Singapore	Discussed the methodologies which may be applied in clustering matrimonial assets in preparation for division.
Chen Siew Hwee v Low Kee Guan	High Court	Yes	[2006] 4 SLR(R) 605	Singapore	Inherited assets would form part of the matrimonial pool if they were utilised “for and on behalf of the family” or if it could be “demonstrate[d] that there was a real and unambiguous intention on the part of the [heir] that the [inherited] assets… were to constitute part of the pool of matrimonial assets”
Koh Bee Choo v Choo Chai Huah	Court of Appeal	Yes	[2007] SGCA 21	Singapore	Discussed the law on adverse inferences.
Chan Tin Sun v Fong Quay Sim	High Court	Yes	[2015] 2 SLR 195	Singapore	Discussed the law on adverse inferences.
Tan Hwee Lee v Tan Cheng Guan	Court of Appeal	Yes	[2012] 4 SLR 785	Singapore	Courts retained a discretion to exclude items of de minimis value, including inter-spousal gifts, from the matrimonial pool.
Lock Yeng Fun v Chua Hock Chye	High Court	Yes	[2007] 3 SLR(R) at [40]	Singapore	Legislative mandate to treat all matrimonial assets as community property to be divided in accordance with s 112 of the Women’s Charter.
BJZ v BKA	High Court	Yes	[2013] SGHC 149	Singapore	Where an adverse inference is drawn against a party in relation to one class of asset and the court wishes to confine the consequences of that adverse inference to the relevant class of assets.
AYQ v AYR	High Court	Yes	[2013] 1 SLR 476	Singapore	Indirect contributions are to be assessed in hindsight with full appreciation of the context of the marriage.
TNC v TND	High Court	Yes	[2016] 3 SLR 1172	Singapore	Pre-marriage properties were differentiated.
Foo Ah Yan v Chiam Heng Chow	Court of Appeal	Yes	[2012] 2 SLR 506	Singapore	The former wife ought to try to regain self-sufficiency and that an order of maintenance is not intended to create life-long dependency by the former wife on the former husband.
ATE v ATD	Court of Appeal	Yes	[2016] SGCA 2	Singapore	The former wife ought to try to regain self-sufficiency and that an order of maintenance is not intended to create life-long dependency by the former wife on the former husband.
AUA v ATZ	Court of Appeal	Yes	[2016] 4 SLR 674	Singapore	Both parents are equally responsible for providing for their children, but their precise obligations may differ depending on their means and capacities.
AZZ v BAA	High Court	Yes	[2016] SGHC 44	Singapore	Summarised key principles in considering orders for the children.
CX v CY (minor: custody and access)	High Court	Yes	[2005] 3 SLR(R) 690	Singapore	Joint custody is in the interests of the children and it gives effect to the principle of joint and enduring parental responsibility.
BG v BF	Court of Appeal	Yes	[2007] 3 SLR(R) 233	Singapore	A child who understands that both his parents have custody of him and continue to be involved in his life is likely to feel more secure.
Re A (A Child: Joint Residence/Parental Responsibility)	English Court of Appeal	Yes	[2008] EWCA Civ 867	England and Wales	The shared residence order was to be used as a strong signal to warring spouses, to bring across the message of collaboration, and to mark the fact that “both parents are equal in the eyes of the law” and had “equal duties and responsibilities”.
A v A	English High Court	Yes	[2004] All ER (D) 54	England and Wales	It is a basic principle that, post separation, each parent with parental responsibility retains an equal and independent right and responsibility to be informed and make appropriate decisions about their children.
BNT v BNS	High Court	Yes	[2014] SGHC 187	Singapore	Views were expressed that the mother has been their primary caregiver.
D v D (Shared Residence Order)	Unknown	Yes	[2001] 1 FLR 495	England and Wales	To prevent the Wife from interfering with his exercise of parental responsibility.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute Name	Jurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)	Singapore
Guardianship of Infants Act (Cap 122, 1985 Rev Ed)	Singapore

15. Key Terms and Keywords

15.1 Key Terms

Matrimonial assets
Interim judgment
Care and control
Joint custody
Access
Maintenance
Dissipation
Direct contribution
Indirect contribution
Parenting coordinator

15.2 Keywords

Divorce
Matrimonial Assets
Child Custody
Maintenance
Singapore
Family Law

16. Subjects

Family Law
Divorce
Asset Division
Child Custody
Maintenance

17. Areas of Law

Family Law
Matrimonial Assets
Division of Assets
Maintenance
Child Custody
Child Access