BNH v BNI: Division of Matrimonial Assets, Wife and Children Maintenance, Private Investigator Costs

In the divorce case of BNH v BNI, the Singapore High Court addressed ancillary matters including the division of matrimonial assets, maintenance for the wife and children, and the costs of a private investigation report. The court awarded the wife 25% of the net value of the [VS] property, nominal maintenance of $1 per month, and $4,750 per month for the children's maintenance, to be paid by the husband. The husband was also ordered to pay $10,000 towards the wife's private investigation costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff in part.

1.3 Case Type

Family

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Singapore High Court judgment regarding division of matrimonial assets, maintenance for wife and children, and costs of private investigation report in a divorce case.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BNHPlaintiffIndividualPartial JudgmentPartial
BNIDefendantIndividualPartial JudgmentPartial

3. Judges

Judge NameTitleDelivered Judgment
George WeiJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Foo Siew FongHarry Elias Partnership LLP
Loy Wee SunLoy & Co

4. Facts

  1. The parties were married on 16 December 2003 and have two children.
  2. The wife is a 35-year-old dentist, and the husband is a 42-year-old Regional Chief Investment Officer.
  3. The parties purchased a three-storey penthouse at [address redacted] Singapore XXX895 (“the [VS] Property”) registered in their joint names.
  4. The wife commenced divorce proceedings on 26 September 2012.
  5. The wife sought a division of matrimonial assets, maintenance for herself and the children, and costs for a private investigation report.
  6. The wife claimed expenses of the children totalling a sum of $14,024.23 a month.
  7. The wife incurred $55,000 in private investigator’s fees.

5. Formal Citations

  1. BNH v BNI, Divorce Transferred No 4659 of 2012, [2013] SGHC 283

6. Timeline

DateEvent
Parties married
Wife left for the United States for post-graduate studies
Wife returned from overseas studies
Parties resided in the [EH] Property
Sale of the [EH] Property
Parties took possession of the [VS] Property
Wife and children left the [VS] Property
Wife commenced divorce proceedings
Interim judgment of divorce granted
Judgment reserved

7. Legal Issues

  1. Division of Matrimonial Assets
    • Outcome: The court awarded the wife 25% of the net value of the [VS] property.
    • Category: Substantive
    • Sub-Issues:
      • Direct contributions to matrimonial assets
      • Indirect contributions to matrimonial assets
      • Valuation of matrimonial assets
  2. Maintenance for Wife and Children
    • Outcome: The court awarded the wife nominal maintenance of $1 per month and $4,750 per month for the children's maintenance, to be paid by the husband.
    • Category: Substantive
    • Sub-Issues:
      • Determination of children's expenses
      • Proportion of maintenance to be borne by each party
      • Nominal maintenance for wife
  3. Costs of Private Investigation Report
    • Outcome: The court awarded the wife $10,000 towards the private investigation costs.
    • Category: Procedural
    • Sub-Issues:
      • Reasonableness of costs incurred
      • Length of surveillance
      • Fees charged for surveillance

8. Remedies Sought

  1. Division of matrimonial assets
  2. Maintenance for wife
  3. Maintenance for children
  4. Costs

9. Cause of Actions

  • Divorce

10. Practice Areas

  • Divorce Litigation
  • Family Law
  • Ancillary Matters

11. Industries

  • No industries specified

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BCB v BCCCourt of AppealYes[2013] 2 SLR 324SingaporeCited for the broad-brush approach in dividing matrimonial assets and avoiding a mechanistic accounting procedure.
AKF v AKGHigh CourtYes[2010] SGHC 225SingaporeCited as a case example for division of matrimonial assets in a marriage where both parties were employed.
Chow Hoo Siong v Lee Dawn AudreyHigh CourtYes[2003] 4 SLR(R) 481SingaporeCited as a case example for division of matrimonial assets in a marriage where both parties were working and there were no children.
Chan Yuen Boey v Sia Hee SoonHigh CourtYes[2012] 3 SLR 402SingaporeCited for the proportion awarded to homemaker wives who have made modest financial contributions for marriages lasting 17 to 35 years with children.
Goh Yong Hng v Cheong Yen Teng (Zheng Yanping) (mw) and anotherHigh CourtYes[2003] 2 SLR(R) 530SingaporeCited for the inquiry into whether the length of surveillance and the costs charged for surveillance were reasonable.
AMW v AMZHigh CourtYes[2011] 3 SLR 955SingaporeCited for the power of the courts to back-date the date of maintenance.

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
  • Maintenance
  • Private investigation fees
  • Division of assets
  • Children's expenses
  • Direct contributions
  • Indirect contributions
  • Nominal maintenance
  • Surveillance
  • Reasonableness of costs

15.2 Keywords

  • Divorce
  • Matrimonial Assets
  • Maintenance
  • Children
  • Singapore
  • High Court
  • Private Investigator
  • Costs

17. Areas of Law

Area NameRelevance Score
Divorce95
Family Law95
Division of Assets90
Matrimonial Assets90
Maintenance85
Maintenance (Child)80
Maintenance (Wife)75
Child Custody70
Care and Control65
Access to Children65
Children's Welfare60
Family Justice Rules50
Private Investigation40
Evidence Law40
Evidence40
Judgments and Orders30
Civil Procedure30
Costs25

16. Subjects

  • Family Law
  • Divorce
  • Matrimonial Assets
  • Child Support