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BG v BF [2007] SGCA 32
Outcome: Appeal allowed in part
3 An appellate court should only reverse or vary a decision involving the welfare of children made by the judge below if it was exercised on wrong principles, or if the decision was plainly wrong: at [12].
4 A property must be acquired by one or both parties to be a matrimonial asset under s 112(1) of the Women's Charter. If the true owner of a property was a Trust, the property will not be a matrimonial asset available for division. Substantial improvements to such a property by one party would not be relevant: at [36].
5 The principles in exercising the court’s powers to order maintenance for the former wife pursuant to s 113 and s 114 of the Women’s Charter are: (a) ensuring adequate provision for the support and accommodation of the children; (b) making provision to meet the needs of each spouse; and (c) ultimately, it is the court’s sense of justice which demands and obtains a just solution: at [73] and [74].
6 The power to order maintenance for the former wife is supplementary to the power to divide matrimonial assets – the court must take into account each party’s share of the matrimonial assets. The rationale for ordering maintenance is to even out any financial inequalities between the spouses, considering any economic prejudice suffered by the wife during the marriage: at [75].
The full text of the decision can be found here.
This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.
Facts
1 The parties filed appeals against portions of a High Court Judge’s decision varying certain ancillary orders made in the court below. The issues before the Court of Appeal concerned maintenance for the children and former wife, division of matrimonial assets, and access.Court’s Decision:
2 The Court of Appeal affirmed the High Court Judge’s decision on access (with a proviso on arrangements in the event the Husband was unable to take leave during the Children’s school Christmas holidays), and maintenance for the children and former wife. The Court of Appeal allowed the part of the Husband’s appeal relating to deduction of his accrued income tax liability from the value of the matrimonial assets.3 An appellate court should only reverse or vary a decision involving the welfare of children made by the judge below if it was exercised on wrong principles, or if the decision was plainly wrong: at [12].
4 A property must be acquired by one or both parties to be a matrimonial asset under s 112(1) of the Women's Charter. If the true owner of a property was a Trust, the property will not be a matrimonial asset available for division. Substantial improvements to such a property by one party would not be relevant: at [36].
5 The principles in exercising the court’s powers to order maintenance for the former wife pursuant to s 113 and s 114 of the Women’s Charter are: (a) ensuring adequate provision for the support and accommodation of the children; (b) making provision to meet the needs of each spouse; and (c) ultimately, it is the court’s sense of justice which demands and obtains a just solution: at [73] and [74].
6 The power to order maintenance for the former wife is supplementary to the power to divide matrimonial assets – the court must take into account each party’s share of the matrimonial assets. The rationale for ordering maintenance is to even out any financial inequalities between the spouses, considering any economic prejudice suffered by the wife during the marriage: at [75].
The full text of the decision can be found here.
This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.
2022/01/10
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