BBP v BBQ

• Jurisdiction: Singapore
• Judge: Wong Keen Onn
• Judgment Date: 28 June 2012
• Neutral Citation: [2012] SGDC 236
• Court: District Court (Singapore)
• Docket Number: Divorce Suit No 2765 of 2011
• Year: 2012
• Published date: 16 July 2012
• Hearing Date: 24 April 2012,05 April 2012
• Plaintiff Counsel: Mr N Kanagavijayan (M/s Kana & Co)
• Defendant Counsel: Mr David Nayar (M/s David Nayar & Vardan)
• Citation: [2012] SGDC 236

District Judge Wong Keen Onn: Introduction

This is an appeal by the Defendant husband (hereinafter referred to as the “husband” or “Defendant”) against the award of 33 % share of the net sale proceeds of the matrimonial home to the wife and 67 % to the husband and monthly maintenance of $400 for the Defendant and $550 for the second child of the marriage, C. The husband would be solely responsible for maintaining the elder child D. The Defendant is now seeking an increase to 70 % share in the matrimonial flat as well as an increase in monthly maintenance to $500 for herself and $700 for the younger child.

Background Facts

The Plaintiff (“husband”) and the Defendant (“Wife”) were married on 30 September 1987. Both the Wife and the Husband are now 47 years old. They have two children to the marriage, a son aged 20 years and daughter aged 15 years. The marriage broke down irretrievably on April 2004 when the parties started to live separate and apart from each other. On 23 August 2011, Interim Judgment dissolving the marriage was granted on the fact of the four years’ separation and the ancillary matters were adjourned to Chambers. The ancillary matters pertain to the following: (a) custody and care and control of the two minor children of the marriage; (b) the division of the matrimonial assets; and (c) the maintenance of the wife and children.

In respect of the ancillary matters, the Plaintiff husband filed 3 Affidavit of Assets and Means (AOM) and a written submission PS-1. The husband’s affidavits and a further document were marked as PA1, PA2, PA3 and PA4 (filed on 6 October and 2 November 2011, and 19 January and 5 April 2012 respectively). The wife filed a written submission marked as DS-1 and her 3 affidavits which were subsequently marked as DA1, DA2 and DA3 (filed on 30 September and 3 November 2011, and 17 January 2012 respectively)

The Ancillary Orders

The ancillary matters came for hearing before me, and I made the following orders:

By Consent, it is ordered that:

Custody Care and Control

(1) The Plaintiff BBP shall have sole custody, care and control of the son, namely D, with reasonable access to the Defendant. (2) The Defendant BBQ shall have sole custody, care and control of the daughter, namely C, with reasonable access to the Plaintiff (3) The Plaintiff BBP shall be responsible for solely maintaining the son D.

It is further ordered that:

Maintenance

(4) The Plaintiff shall pay maintenance to the Defendant in the sum of S$ 400.00 per month with effect from the date of this Order and thereafter on the 24th day of every subsequent month into the Defendant’s designated bank account POSB Savings account xxx. (5) The Plaintiff shall pay maintenance to the Defendant for the child of the marriage, namely C, in the sum of S$ 550.00 per month with effect from 24 April 2012 and thereafter on the 24th of every subsequent month into the Defendant’s bank account POSB Savings account xxx.

Division of Matrimonial Assets

(6) The Plaintiff is given the right of first option to purchase the Defendant’s rights, title and interest in the matrimonial property at xxx by way of a transfer (other than by way of sale) upon the Plaintiff paying the Defendant consideration equivalent to 33 % share of the net value of the matrimonial property (the net value is to be calculated based on the valuation of the market price of the said flat less the outstanding mortgage loan) and such option to be exercised within 3 months of the date of Final Judgment. The valuation price is to be determined by a valuation report for the sale of the matrimonial home in the open market by an approved HDB valuer jointly appointed by Plaintiff and Defendant. From his share, the Defendant shall refund to his CPF account the monies utilized for the purchase of the flat. Cost of the valuation to be borne equally between the two parties. The Plaintiff is to bear the costs and expenses of the transfer. (7) If the Plaintiff does not exercise the option to effect the transfer the Defendant’s share to the Plaintiff (within 3 months), the Plaintiff and the Defendant shall sell the said matrimonial flat at xxx in the open market within 6 months of the date of the Final Judgment and the net sale proceeds, after repayment of the outstanding mortgage and interest, costs and expenses relating to the sale including agent’s commission, shall be divided in proportion of 67 % to the Plaintiff and 33 % to the Defendant. From their respective share of the sale proceeds, the Plaintiff and the Defendant shall refund to their respective CPF accounts all the monies utilized for the purchase of the flat together with accrued interest. There shall be joint conduct of sale of the matrimonial flat. In the event there is insufficient funds to refund to the CPF accounts, parties need not refund the full amount of funds utilised to purchase the said flat together with accrued interest. (8) The Registrar/Deputy Registrar of the Subordinate Courts, Singapore shall be empowered to execute, sign or indorse all necessary documents relating to the matters in this Order on behalf of either party, should either party fail to do so within 7 days of the written request being made to the party (9) Parties are to retain the other assets in their sole names and shall have no further claim against each other (10) There shall be liberty to apply. (11) No order as to costs

The Defendant wife has appealed against my decision on the division of the matrimonial flat and the quantum of maintenance. In her notice of appeal, she sought an increase to a 70 % share in the matrimonial flat as well as an increase in monthly maintenance to $500 for herself and $700 for the younger child for whom she was granted sole custody and care and control of. I now set out the reasons for my decision in these two issues under appeal.

The division of the matrimonial flats and other assets The Plaintiff husband’s position Direct financial contributions to the matrimonial flat

The main matrimonial asset owned by both parties is the matrimonial home. The husband initially estimated the current matrimonial flat to be valued at $480,000.00 but later changed it to $415,000.00ⁱ based on a transaction in October 2011 for a similar flat nearby. The outstanding mortgage loan as at 30 September 2011 was $172,239.66 and as at 30 March 2012, the loan amount had dropped to $168,749.03ⁱⁱ. Relying on his monthly mortgage payment of $1,189, the husband claimed that he had contributed a total of $314,191.15 from his CPF monies towards the purchase of the matrimonial flat. He said this would comprise an initial capital of $92,600.00, stamp fees of $7,456.00, cash of $115.15 and monthly repayments of $214,020.00 (being 15 years of monthly instalments of $1,189.00). However, this figure differed from his CPF statement which showed a total withdrawal of only $272,589.77 (excluding $78,229.74 as accrued interest)ⁱⁱⁱ. The husband also claimed he paid $60,000 for renovating the matrimonial flat when it was first purchased. He said he had also paid cash of $5,000 in 2008 to renovate the 2 children’s rooms. However, no documents, invoices or receipts were produced to the Court to support his claim^iv.

Plaintiff’s husband indirect contributions

The husband said that he had been paying for all the outgoings for the flat such as service and conservancy charges and PUB/SP bills as well as household items like fridges, television and furniture. He claimed that he was the one who paid for everything in their first matrimonial flat at xxx and the defendant wife did not come up with a single cent for the purchase and renovation of their first flat. The first flat was sold and they purchased their second flat at xxx (hereinafter referred to as the “2nd flat”). Again, the husband claimed that he contributed almost all payments towards the purchase of the flat and had paid for the renovation and household items. On the other hand, he said the wife contributed very little CPF money^v. He also claimed that when the 2nd flat was sold, he received $143,000 as net cash proceeds. He used this sum of money to pay for the purchase, renovation, agent fees and purchase of the household items for the present matrimonial flat^vi.

He said he had painted the present flat twice and did minor repairs to the flat and changed the toilet doors. He also cleaned and washed the study room and started washing his clothes since 2010. He had been doing weekly marketing for the family using his own money for the past 10 years. In addition, he had helped in doing cooking on weekends and during Deepavali (till 2005). He had also assisted in attending to all the problems the children had in school and had guided his daughter last year. He asserted he had paid all the outgoings of the flat like services and conservancy charges, PUB bill, marketing expenses and household provisions^vii.

For his contributions, the husband wanted the wife to transfer her share in the matrimonial flat to him and in return he would pay back to the wife the CPF monies inclusive of accrued interest that she had utilised for the purchase of the matrimonial flat plus a nominal cash sum^viii.

Plaintiff Husband’s Other Assets

The husband’s other assets consist of $2,846.10 in his POSB savings account, a sum of $48,382.23 in his Medisave account and $40,144.73 in his Special account. There was a zero balance in his CPF Ordinary account.

Defendant Wife’s position Wife’s direct and indirect contributions to the Matrimonial Flat

The wife contributed $42,807.19 of her CPF monies towards the purchase of the current matrimonial flat. In her first affidavit, she categorically said that she did not make any other direct financial contribution to the acquisition of the matrimonial flat^ix.

As for her indirect...