BZD v BZE: Appeal on Variation of Maintenance Order for Wife and Children

In the Court of Appeal of Singapore, BZD appealed against the decision to vary a maintenance order issued on 30 November 2010, while BZE cross-appealed for an increase in maintenance. The appeals concerned the monthly payments for BZE's personal expenses and the time she spends with their children. The court allowed BZD's appeal in part, reinstating the monthly payments of $3,500 for personal expenses and $600 for time spent with the children, finding that the increase in the children's educational expenses was not a material change in circumstances given the husband's increased income. The court dismissed BZE's appeal to increase the maintenance.

1. Case Overview

1.1 Court

Court of Appeal of the Republic of Singapore

1.2 Outcome

Appeal allowed in part.

1.3 Case Type

Family

1.4 Judgment Type

Ex Tempore Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding the variation of a maintenance order. The court allowed the wife's appeal, reinstating monthly payments for her personal expenses and time spent with children.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BZDAppellantIndividualAppeal allowed in partPartial
BZERespondentIndividualAppeal dismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Steven ChongJudge of AppealYes
Woo Bih LiJudgeNo
Quentin LohJudgeNo

4. Counsels

Counsel NameOrganization
Yap Teong LiangT L Yap Law Chambers LLC
Tan Hui QingT L Yap Law Chambers LLC
Gill Carrie KaurEversheds Harry Elias LLP
Yap Ying Jie ClementEversheds Harry Elias LLP

4. Facts

  1. The parties were married in 1996 and divorced in 2011.
  2. A maintenance order was issued on 30 November 2010.
  3. The husband sought to vary the maintenance order due to increased educational expenses and the wife's increased wealth.
  4. The wife sought to increase the maintenance due to her planned relocation to the UK.
  5. The husband's income has increased substantially since the maintenance order was issued.
  6. The children moved to the UK for their studies, increasing educational expenses.
  7. The wife owns two properties, which are heavily mortgaged.

5. Formal Citations

  1. BZD v BZE, , [2020] SGCA 01
  2. BZD v BZE, Civil Appeal No 134 of 2019, Civil Appeal No 134 of 2019
  3. BZD v BZE, Civil Appeal No 135 of 2019, Civil Appeal No 135 of 2019

6. Timeline

DateEvent
Parties married
Husband filed writ for divorce
Interim judgment granted
Order for division of matrimonial assets
Maintenance Order issued
Final divorce judgment granted
Maintenance payments commence
Plaintiff’s first affidavit
Defendant’s first affidavit
Defendant’s written submissions
Plaintiff’s written submissions
Husband sought to vary the Maintenance Order
Wife sought variations to the Maintenance Order
Judgment delivered
Wife's long-term visit pass expires

7. Legal Issues

  1. Variation of Maintenance Order
    • Outcome: The court held that the increase in educational expenses was not a material change in circumstances given the husband's increased income, and reinstated the wife's maintenance payments.
    • Category: Substantive
    • Sub-Issues:
      • Material change in circumstances
      • Increase in educational expenses
      • Increase in husband's income
      • Wife's earning capacity

8. Remedies Sought

  1. Variation of maintenance order
  2. Increase in maintenance payments

9. Cause of Actions

  • Application to vary maintenance order

10. Practice Areas

  • Family Law
  • Divorce
  • Appeals

11. Industries

  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
ATS v ATTHigh CourtYes[2016] SGHC 196SingaporeCited for the principle that a material change must relate to circumstances prevailing at the time the Maintenance Order was made.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Women’s Charter (Cap 353, 2009 Rev Ed)Singapore
s 118 of the Women’s CharterSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Maintenance order
  • Material change in circumstances
  • Educational expenses
  • Earning capacity
  • Relocation
  • Variation

15.2 Keywords

  • maintenance
  • variation
  • divorce
  • family law
  • Singapore
  • appeal

17. Areas of Law

Area NameRelevance Score
Family Law95
Maintenance95
Variation of Order70
Divorce50
Division of Property30
Civil Procedure20

16. Subjects

  • Family Law
  • Maintenance
  • Divorce