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When can you vary a Divorce Court Order?

Can you vary a Divorce Court Order?

An applicant may at any time vary or rescind any order made during the course of matrimonial proceedings or subsequent to the final judgment in relation to maintenance, custody, care and control, or access. The applicant must satisfy that the order was based on any misrepresentation or mistake of fact or there has been any material change in the circumstances (Sections 118 and 128 of Women’s Charter).

The principles to be applied for a variation of a child-relation order are set out in ATS v ATT [2013] SGHC 156 where the court held the burden is on the applicant to prove that there has been a material change in circumstances. The court’s paramount consideration in relation to child-related orders is the welfare of the children.

With regards to any order of maintenance pursuant to Section 69 of Women’s Charter, an application to vary or rescind may be made on proof of a change in the circumstances of that person or for other good cause being shown to the satisfaction of the court (Section 72 of Women’s Charter). The power of the court under Section 72 is not limited to situations where there has been misrepresentation, mistake of fact or a material change of circumstances. The rationale of the provisions is to enforce the parent’s duty towards the child financial needs remains unaffected regardless of the state of the parents’ marriage.

Keen to discuss more? Contact PKWA Law at 6397-6100.

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