BBV v BBW

• Jurisdiction: Singapore
• Judge: Tan Shin Yi
• Judgment Date: 04 July 2012
• Neutral Citation: [2012] SGDC 244
• Court: District Court (Singapore)
• Hearing Date: 27 April 2012
• Docket Number: Divorce Petition No. 4279 of 2011
• Plaintiff Counsel: Mr. Koh Tien Hua ( Harry Elias Partnership)
• Defendant Counsel: Mr. Raymond Yeo (M/s Raymond Yeo)
• Published date: 17 July 2012

District Judge Tan Shin Yi: Introduction

The parties were married on 26 December 2000. They have 2 children, a boy and a girl, now aged about 8 years and 10 years respectively. Parties agreed on the ancillary matters, and the terms were incorporated in the Interim Judgment which was granted on 3 October 2011.

The orders made by consent in the ancillary matters (“the Consent Order”) were, inter alia, as follows: That the Plaintiff and Defendant shall have joint custody of the children of the marriage with care and control of the said children to the Plaintiff. The Defendant shall pay the sum of S$2000 a month for children’s maintenance (being S$1000 a month per child) being the children’s reasonable educational expenses and reasonable weekly pocket money until the children attain their first university undergraduate degree (“the order for maintenance for the children”). The Defendant shall transfer all his rights interest and estate in the matrimonial home known as and situated at 1 Swiss View xxxx, Singapore 288007 to the Plaintiff free of all encumbrances, if any, within 3 months from the date of this Order. The Plaintiff shall pay for the costs and expenses of this aforesaid transfer.

At the time the Consent Order was entered into, both parties were legally represented.

The present application

On 11 January 2012, just 3 months after the Consent Order was entered into, the Plaintiff wife (“the wife”) filed this Summons application (Summons No. 550/2012) to vary the order for maintenance for the children. The Summons prayed: That the Order 3(3) of the Order of Court for the ancillary matters incorporated into the Interim Judgment dated 3 October 2011 may be varied and/or amended to include the following relief:- That in addition, the Defendant (“the husband”) shall pay for the children’s school fees at United World College South East Asia (“UWCSEA”) until the children graduate therefrom and thereafter, that the Defendant shall pay for the children’s school fees until they attain their first undergraduate university degree; Costs; and Such further or other relief as this Honourable Court deems fit and just.

On 27 January 2012, the husband agreed that pending the determination of the wife’s application, he would pay for half of the children’s school fees at UWCSEA. The interim order made by consent (“the Interim Consent Order”) was: In the interim, pending the hearing of Summons No. 550/2012, the husband is to pay half of the children’s school fees at UWCSEA; and This shall be without prejudice to the parties’ position and/or rights under Summons No. 550/2012.

Even though this was a straightforward application for variation of child maintenance, both parties filed 2 affidavits each. The second affidavits from the wife and the husband were voluminous, being 368 pages and 87 pages respectively. I was of the view that most of the content in these affidavits was unnecessary and irrelevant as it contained the history of events dating back at least 10 years, as well as detailed accounts of incidents involving the parties’ family members.

After perusing the evidence and hearing the submissions from counsel for both parties, I ordered that the Defendant is to pay for half of the children’s school fees at UWCSEA until the children graduate therefrom. I made no order on the payment of the children’s undergraduate university fees as this was purely speculative, and the children were many years away from this event.

The applicable legal principles to variation of an ancillary matters order

The court has the power to vary an ancillary...