BUX v BUY: Division of Matrimonial Assets, Wife & Child Maintenance, and Custody Dispute

In the divorce case of *BUX v BUY*, the High Court (Family Division) in Singapore, presided over by Debbie Ong J, addressed ancillary matters including the division of matrimonial assets, maintenance for the wife and children, and custody arrangements. The Interim Judgment of Divorce was granted on 20 October 2016. The court determined the division of matrimonial assets, attributing 70% to the Wife and 30% to the Husband, ordered the Husband to pay child maintenance of $1,300 per month, and granted joint custody of the children with sole care and control 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 children, and joint custody with sole care and control to the Wife.

1.3 Case Type

Family

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Divorce case involving division of matrimonial assets, maintenance for wife and children, and custody arrangements. The court determined the division of assets and ordered maintenance for the children.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BUXPlaintiffIndividualReceived 70% of Matrimonial AssetsPartial
BUYDefendantIndividualReceived 30% of Matrimonial AssetsPartial

3. Judges

Judge NameTitleDelivered Judgment
Debbie OngJudgeYes

4. Counsels

Counsel NameOrganization
Melissa KorOptimus Chambers LLC
Irving ChohOptimus Chambers LLC

4. Facts

  1. The Wife and the Husband were married on 9 September 2009.
  2. They have two daughters, aged nine and four at the time of the hearing.
  3. The Interim Judgment of Divorce was granted on 20 October 2016.
  4. The Wife was a managing director earning around $9,825.50 per month.
  5. The Husband earned an average monthly income of $4,000.
  6. The parties jointly submitted a summary of relevant information.
  7. The parties agreed on the value of the matrimonial home at $2.8 million.

5. Formal Citations

  1. BUX v BUY, Divorce (Transferred) No 354 of 2016, [2019] SGHCF 4

6. Timeline

DateEvent
Marriage of the Wife and the Husband
Husband became a director of the Company
Husband ceased being a director of the Company
Interim Judgment of Divorce granted
Husband’s affidavit of assets and means dated
Ancillary Matters heard
Parties filed further written submissions on specified issues
Parties filed further written submissions on specified issues
Decision delivered
Grounds of Decision given

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court determined the division of matrimonial assets, attributing 70% to the Wife and 30% to the Husband.
    • Category: Substantive
    • Sub-Issues:
      • Valuation of assets
      • Proportion of division
      • Direct financial contributions
      • Indirect contributions
    • Related Cases:
      • [2008] 2 SLR(R) 108
      • [1993] 3 SLR(R) 491
      • [2015] 4 SLR 1043
  2. Maintenance for Children
    • Outcome: The court ordered the Husband to pay child maintenance of $1,300 per month.
    • Category: Substantive
    • Sub-Issues:
      • Amount of maintenance
      • Financial capacity of parents
  3. Custody, Care and Control of Children
    • Outcome: The court granted joint custody of the children with sole care and control to the Wife and specified access arrangements for the Husband.
    • Category: Substantive
    • Sub-Issues:
      • Joint custody
      • Sole care and control
      • Access arrangements
    • Related Cases:
      • [2005] 3 SLR(R) 390
  4. Maintenance for Wife
    • Outcome: The court made no order for maintenance for the Wife, considering her self-sufficiency.
    • Category: Substantive
    • Sub-Issues:
      • Lump sum maintenance
      • Nominal maintenance
      • Self-sufficiency of spouse
    • Related Cases:
      • [2012] 2 SLR 506
      • [2016] SGCA 2

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for the Wife
  3. Maintenance for the children
  4. Custody of the children
  5. Care and control of the children
  6. Access to the children

9. Cause of Actions

  • Divorce

10. Practice Areas

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

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Lau Siew Kim v Yeo Guan Chye Terence and anotherCourt of AppealYes[2008] 2 SLR(R) 108SingaporeCited for the principle of community of property, where both spouses have a joint interest in certain property regardless of who acquired it.
Koh Kim Lan Angela v Choong Kian Haw and another appealCourt of AppealYes[1993] 3 SLR(R) 491SingaporeCited for the principle that a small contribution by one spouse is sufficient if there has been a substantial improvement by the joint efforts of both spouses.
ANJ v ANKN/AYes[2015] 4 SLR 1043SingaporeCited for the structured approach to determining the just and equitable division of matrimonial assets in dual-income marriages.
NK v NLCourt of AppealYes[2007] 3 SLR(R) 743SingaporeCited for the principle that the division of matrimonial assets is founded on the ideology of marriage as an equal co-operative partnership of efforts.
Yeo Chong Lin v Tay Ang Choo NancyN/AYes[2011] 2 SLR 1157SingaporeCited for the principle that a full-time homemaker can be awarded a significant portion of matrimonial assets.
Chan Yeong Keay v Yeo Mei LingN/AYes[1994] 2 SLR(R) 133SingaporeCited for the principle that indirect contributions of a spouse who performs household chores and cares for children should be recognized.
TNC v TNDHigh CourtYes[2016] 3 SLR 1172SingaporeCited for the approach of recognizing a spouse’s efforts in the other party's business as direct financial contributions.
TND v TNC and another appealCourt of AppealYes[2017] SGCA 34SingaporeCited for the affirmation of the High Court's recognition of a spouse’s efforts in the other party's business as direct financial contributions.
CX v CYN/AYes[2005] 3 SLR(R) 390SingaporeCited for the principle that joint custody orders ought to be the norm unless there are exceptional circumstances.
TAU v TATN/AYes[2018] SGHCF 11SingaporeCited for the principle that co-parenting is always necessary whichever party is granted care and control.
Foo Ah Yan v Chiam Heng ChowN/AYes[2012] 2 SLR 506SingaporeCited for the principle that maintenance is based on need and not on parties’ contributions to the marriage.
ATE v ATD and another appealCourt of AppealYes[2016] SGCA 2SingaporeCited for the principle that there is no duty on a spouse to act as a general insurer of sorts to the former spouse.

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 of Divorce
  • Ancillary matters
  • Joint custody
  • Sole care and control
  • Maintenance
  • Direct financial contributions
  • Indirect contributions
  • Dual-income marriage
  • Company shares

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Child Custody
  • Maintenance
  • Singapore
  • Family Law

17. Areas of Law

Area NameRelevance Score
Family Law95
Matrimonial Assets95
Maintenance90
Maintenance (Wife)85
Maintenance (Child)85
Custody of Children80
Care and Control80
Access to Children75

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Custody
  • Maintenance