| TWO KINDS OF ORDERS | |
|---|---|
| JUDGE MADE ORDERS | BY CONSENT ORDERS |
| Parties have the opportunity to adduce evidence | Parties may not wish to / have the opportunity to adduce evidence |
| The Court reviews the evidence and hears legal arguments before coming to an order | The Court does not generally intervene (unless the orders contravene the law) and the orders are based on the agreement between Parties |
Variation of Court Order: Spousal maintenance
Section 72 of the Women’s Charter: On the application of any person received or ordered to pay a monthly allowance…and on proof of a change in the circumstances of that person, or that person’s wife, incapacitated husband or child, or for other good cause being shown to the satisfaction of the court, the court by which the order was made may rescind the order or may vary it as it thinks fit.
Variation of Court Order: Child maintenance
Section 73 of the Women’s Charter: The Court may at any time and from time to time, vary the terms of any agreement relating to the maintenance of the child…where it is satisfied that it is reasonable and for the welfare of the child to do so.
Variation of Court Order: Maintenance orders
Section 72 of the Women’s Charter: On the application of any person received or ordered to pay a monthly allowance…and on proof of a change in the circumstances of that person, or that person’s wife, incapacitated husband or child, or for other good cause being shown to the satisfaction of the court, the court by which the order was made may rescind the order or may vary it as it thinks fit.
Variation of Court Order: Child maintenance
Section 118 of the Women’s Charter: The Court may at any time vary or rescind any subsisting order for maintenance, whether secured or unsecured, on the application of the person in whose favour or the person against whom the order was made…where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in circumstances.
Variation of Court Order: Agreements for maintenance
Section 119 of the Women’s Charter: The Court may at any time and from time to time vary the terms of any agreement as to maintenance made between the husband and wife…where it is satisfied that there has been any material change in the circumstances and notwithstanding any provision to the contrary in any such agreement.
Duplicitous?
Sections 72 and 73 of the Women’s Charter: Covers “Maintenance of wife, incapacitated husband and children”
Section 118 and 119 of the Women’s Charter: Covers “Maintenance of wife, incapacitated husband and children”
Variation of Court Order: Custody order
Section 128 of the Women’s Charter: The Court may at any time vary or rescind any order for the custody, or the care and control, of a child on the application of any interested person, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been a material change in circumstances.
Variation of Court Order: Custody agreement
Section 129 of the Women’s Charter: The Court may, at any time and from time to time, vary the terms of any agreement relating to the custody, or the care and control. Of a child, regardless of when the agreement was made, notwithstanding any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so.
Overarching Principles
- Material change of circumstances
- Misrepresentation or mistake of fact
- Reasonable and for the welfare of the child
Lee Min Jai v Chua Cheow Koon (2005) 1 SLR(R) 548
“This section (section 112(4) should not be construed as an invitation to revise the terms of a settlement merely so that they appear more equitable or will be, in fact, more equitable in the objective opinion of the court. Privately settled terms in respect of ancillary matters in a divorce may not always appear to be fair. But divorce is a very personal matter, and each party would have his own private reasons for demanding, or acquiescing, to any given term or condition in the ultimate settlement…where an agreement between the parties had been reached at arm’s length and the parties had been separately advised, the agreement itself would be prima facie evidence of the reasonableness of its terms…”
Personal Anecdotes
- Variation will not be granted of circumstances are self-induced
- Courts are willing to give a temporary reprieve for maintenance-related applications
- Advise the client and remind him about the commitment he is making!
