BPC v BPB: Division of Matrimonial Assets & Child Maintenance Dispute
In BPC v BPB, the Court of Appeal of Singapore heard cross-appeals regarding the division of matrimonial assets and child maintenance following a divorce. The wife, BPC, appealed against the assigned weightage between direct and indirect contributions. The husband, BPB, appealed against the operative date for determining and valuing matrimonial assets, the assessment of the wife's direct contributions to the matrimonial home, the weightage between direct and indirect contributions, and the child maintenance order. The court dismissed the wife's appeal and allowed the husband's appeal in part, adjusting the valuation of the matrimonial asset pool and modifying the payment schedule.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Wife's appeal dismissed; Husband's appeal allowed in part.
1.3 Case Type
Family
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Cross-appeals regarding the division of matrimonial assets and child maintenance after a 17-year marriage. The court adjusted the asset pool valuation.
1.7 Decision Date
2. Parties and Outcomes
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andrew Phang Boon Leong | Judge of Appeal | No |
| Judith Prakash | Judge of Appeal | Yes |
| Belinda Ang Saw Ean | Judge | No |
4. Counsels
4. Facts
- The parties were married in December 1993 and have two children born in 2002 and 2006.
- The wife commenced divorce proceedings on 2 September 2010.
- The husband was ordered to pay $10,000 monthly maintenance on 16 March 2011.
- The Judge valued the matrimonial assets at $38,010,639 and divided them in a 66.76:33.24 ratio in the Husband’s favour.
- The Judge ordered the Husband to pay $11,000 per month in child maintenance and 75% of the Children’s school fees and other expenses.
- The Husband acquired additional assets valued at $6,174,864 after November 2011.
- The Husband failed to provide meaningful information about his income and assets.
5. Formal Citations
- BPC v BPB and another appeal, , [2019] SGCA 03
- BPC v BPB, 226, Civil Appeal No 226 of 2017
- BPB v BPC, 227, Civil Appeal No 227 of 2017
- BPC v BPB, 4447, Divorce Suit No 4447 of 2010/Z
6. Timeline
| Date | Event |
|---|---|
| Parties married | |
| Parties purchased property on Peck Hay Road | |
| Husband granted share options in the Fund | |
| Parties purchased the Sinai Property | |
| Husband's trips to Shanghai increased in frequency | |
| Sinai Property sold | |
| Parties purchased the Home on Bukit Timah Road | |
| Wife confronted Husband about his adultery | |
| Husband appointed Vice Chairman (China) of the Fund | |
| Parties moved into the Home | |
| Husband purchased apartment in Shanghai, adding the Partner as joint owner | |
| Husband unilaterally reduced monthly maintenance | |
| Wife found out about Husband's purchase of Shanghai apartment | |
| Husband further reduced monthly maintenance | |
| Wife commenced the Divorce Proceedings | |
| Wife changed the locks to the Home | |
| Wife applied for interim maintenance | |
| Husband ordered to pay monthly maintenance | |
| Interim judgment granted | |
| Husband granted additional share options | |
| Ancillary proceedings commenced | |
| Judge issued the Grounds of Decision | |
| Hearing date | |
| Judgment reserved |
7. Legal Issues
- Division of Matrimonial Assets
- Outcome: The court adjusted the valuation of the matrimonial asset pool and affirmed the weightage between direct and indirect contributions.
- Category: Substantive
- Sub-Issues:
- Date for determination of pool of matrimonial assets
- Date for valuation of matrimonial assets
- Weightage between direct and indirect contributions
- Assessment of direct contributions to matrimonial home
- Related Cases:
- [2017] 1 SLR 609
- [2015] 4 SLR 1043
- [2016] 2 SLR 686
- [2010] 4 SLR 617
- [2011] 2 SLR 1157
- [2011] 4 SLR 1121
- [2016] 4 SLR 674
- [1996] 1 SLR(R) 633
- [2015] 2 SLR 195
- [2007] 3 SLR 743
- [1999] 2 SLR(R) 385
- [2016] 4 SLR 145
- [2012] SGHC 107
- [2013] SGHC 50
- [2016] SGHC 44
- [2007] 2 SLR(R) 729
- [2007] 3 SLR(R) 520
- [2015] SGCA 52
- Child Maintenance
- Outcome: The court upheld the maintenance orders made by the Judge.
- Category: Substantive
- Adverse Inference
- Outcome: The court drew an adverse inference against the Husband for his failure to provide meaningful information about his income and assets.
- Category: Procedural
- Related Cases:
- [2015] 2 SLR 195
- [2007] 3 SLR 743
8. Remedies Sought
- Division of Matrimonial Assets
- Maintenance for Children
- Appeal of High Court Decision
9. Cause of Actions
- Divorce
- Division of Matrimonial Assets
- Maintenance
10. Practice Areas
- Divorce
- Family Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| TNL v TNK and another appeal and another matter | Court of Appeal | Yes | [2017] 1 SLR 609 | Singapore | Cited regarding the appellate court's reluctance to make minor adjustments to orders made by the first instance court. |
| ANJ v ANK | Court of Appeal | Yes | [2015] 4 SLR 1043 | Singapore | Cited regarding the appellate court's reluctance to interfere in orders made below unless an error of law or principle is demonstrated. |
| ARY v ARX and another appeal | Court of Appeal | Yes | [2016] 2 SLR 686 | Singapore | Cited regarding the operative date for determining the pool of matrimonial assets and the court's discretion to depart from the date of interim judgment. |
| AJR v AJS | Singapore High Court | Yes | [2010] 4 SLR 617 | Singapore | Cited regarding situations where a party incurs a large amount of expenditure from having ‘indulged in certain vices’. |
| Yeo Chong Lin v Tay Ang Choo Nancy | Court of Appeal | Yes | [2011] 2 SLR 1157 | Singapore | Cited regarding accruing benefits and restoring expenditure notionally to the pool of matrimonial assets. |
| Anthony Patrick Nathan v Chan Siew Chin | High Court | Yes | [2011] 4 SLR 1121 | Singapore | Cited regarding the court's discretion to determine the date at which assets should be valued. |
| AUA v ATZ | Court of Appeal | Yes | [2016] 4 SLR 674 | Singapore | Cited regarding the operative date for determining the parties’ respective contributions to the marriage. |
| Yeo Gim Tong Michael v Tianzon Lolita | Court of Appeal | Yes | [1996] 1 SLR(R) 633 | Singapore | Cited regarding taking into account assets acquired during the marriage including those acquired after the marriage has broken down. |
| Chan Tin Sun v Fong Quay Sim | Court of Appeal | Yes | [2015] 2 SLR 195 | Singapore | Cited regarding how the court may give effect to adverse inferences drawn against a spouse on account of the failure to make full and frank disclosure of his or her assets. |
| NK v NL | Court of Appeal | Yes | [2007] 3 SLR 743 | Singapore | Cited regarding the approaches to give effect to the adverse inference drawn against a spouse. |
| Tay Sin Tor v Tan Chay Eng | Singapore High Court | Yes | [1999] 2 SLR(R) 385 | Singapore | Cited regarding making a finding of the value of the undisclosed assets on the available evidence. |
| TDT v TDS and another appeal and another matter | Court of Appeal | Yes | [2016] 4 SLR 145 | Singapore | Cited regarding the operative date for valuing the pool of matrimonial assets. |
| Yong Shao Keat v Foo Jock Khim | High Court | Yes | [2012] SGHC 107 | Singapore | Cited regarding the principle that not all matrimonial assets should be valued on the same date. |
| BGT v BGU | High Court | Yes | [2013] SGHC 50 | Singapore | Cited regarding the principle that not all matrimonial assets should be valued on the same date. |
| AZZ v BAA | High Court | Yes | [2016] SGHC 44 | Singapore | Cited regarding the principle that not all matrimonial assets should be valued on the same date. |
| Ong Boon Huat Samuel v Chan Mei Lan Kristine | Court of Appeal | Yes | [2007] 2 SLR(R) 729 | Singapore | Cited regarding the principle that a party cannot claim what she once rejected. |
| Lock Yeng Fun v Chua Hock Chye | Court of Appeal | Yes | [2007] 3 SLR(R) 520 | Singapore | Cited regarding the concept of matrimonial assets as community property. |
| Twiss, Christopher James Hans v Twiss, Yvonne Prendergast | Court of Appeal | Yes | [2015] SGCA 52 | Singapore | Cited regarding the structured approach towards the division of matrimonial assets. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Women’s Charter (Cap 353, 2009 Rev Ed) s 112(10) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 114(2) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 114(1) | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 68 | Singapore |
| Women’s Charter (Cap 353, 2009 Rev Ed) s 112(1) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Matrimonial Assets
- Child Maintenance
- Direct Contributions
- Indirect Contributions
- Interim Judgment
- Ancillary Matters Hearing
- Adverse Inference
- Share Options
- Venture Capital Fund
- Operative Date
15.2 Keywords
- Divorce
- Matrimonial Assets
- Child Maintenance
- Singapore
- Family Law
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Family Law | 95 |
| Matrimonial Assets | 95 |
| Child Support | 90 |
| Maintenance | 90 |
| Division of Assets | 90 |
16. Subjects
- Family Law
- Divorce
- Matrimonial Assets
- Child Maintenance