All you need to know about "Marriage/Divorce" under the SG Law

[Big Sexy]

Is it possible to change ("vary") or revoke ("rescind") a maintenance order once it is made? What kind of changes can be made?

It is possible to apply to vary a maintenance order once it is made. However, the court will only vary or rescind a maintenance order if there has been a material change in the circumstances of the applicant or other parties to the maintenance order. A "material change in the circumstances" means a significant change in the lives of the parties, necessitating more maintenance (for example, if a child graduates from primary to secondary school, and the school expenses are considerably higher), or which affect one party's ability to pay maintenance (for example, if one party is involved in an accident, is paralysed and cannot work).
The maintenance order can be varied by increasing or decreasing the amount payable, or by changing the date on which payment is made. It is also possible to vary the mode of payment, for example, if payment has been ordered to be made to a party through a particular bank account, it can be changed to making payment directly (i.e. by cash or cheque) to that party; or an attachment of earnings order can be applied for; or lump sum maintenance can be applied for in lieu of monthly maintenance. However, you will have to give the court good reasons why you are applying for such a variation.

The court may also vary a maintenance order if it is satisfied that the order was made based on any misrepresentation (i.e. presenting a false view of the facts) or mistake of fact.

You should note that a variation application is not appropriate if you are in fact dissatisfied with the maintenance order made by the court. In such cases, you should file an appeal.

[Big Sexy]

The court has made a maintenance order against me. What happens if I become ill and am not able to work, lose my job or become bankrupt?

If you are ill and not able to work, or lose your job, you can apply to rescind (i.e. revoke or cancel), vary (i.e. change), or suspend (i.e. temporarily stop) the maintenance order. . Alternatively, you may get the other party to agree to change or stop the maintenance order. You should preferably obtain a written agreement or consent. If you fail to obtain the consent or apply for a change of the order, you will still be legally obliged to pay maintenance.

My wife and I have agreed on the amount that I should pay for maintenance, and the court has recorded our agreement in a consent order. Can either of us subsequently ask the court to change ("vary") our agreement?

It is possible for either of you to apply to vary the maintenance order which has been made by agreement between you. However, the court will only vary a maintenance order if there has been a material change in the circumstances of the applicant or other parties to the maintenance order.

[Big Sexy]

How do I go about applying to vary/suspend/rescind a maintenance order?

The way to go about applying to vary a maintenance order depends on whether the maintenance order has been made in the course of divorce proceedings. If the maintenance order was made pursuant to a Magistrate's Complaint, you may make another Magistrate's Complaint to vary, suspend or rescind the maintenance order (See "How to Apply for Maintenance"). If the maintenance order was made as an ancillary matter in divorce proceedings, you may file a Summons-in-Chambers to vary, suspend or rescind the order. You should note that such Summons-in-Chambers should be filed at the High Court if your divorce was granted by the High Court and not the Family Court.

[Big Sexy]

What maintenance order can the Family Court enforce (i.e. take action to force the party who is ordered to pay maintenance to obey the order)?

The Family Court can enforce a maintenance order made by the Family Court itself, the High Court, the Tribunal of Maintenance of Parents, and the Syariah Court (if the order has been registered by the Family Court) In addition, where there are reciprocal arrangements between foreign states and Singapore, the Family Court may also enforce a maintenance order made by the appropriate authority in the foreign state

I have a maintenance order but the other party is not paying. What can I do?

You can take enforcement action against the other party, in other words, legal action to force your spouse to obey the maintenance order. You need only make a Magistrate's Complaint to enforce the order (See "How to Apply for Maintenance").

[Big Sexy]

The Respondent (the person who is ordered to pay maintenance) keeps losing his job or refuses to work and says that he cannot afford to pay the maintenance. Does this mean he does not have to pay the amount ordered in the maintenance order?

The Respondent must obey the maintenance order so long as the order is in effect. If he says that he cannot afford to pay the maintenance and you do not agree to stop payment, it is for him to apply to the court to vary or rescind the order and prove that he cannot work or pay maintenance. The court will then consider whether the Respondent's failure to keep his job is reasonable in the circumstances, when deciding whether to allow his application.


The Respondent (person ordered to pay maintenance) is always a few days late in paying maintenance. He will wait till I go to court before making payment. My employer is unhappy with my frequent trips to court to enforce the maintenance order. I am worried that I may lose my job. How can I make him pay punctually?

If the Respondent is late in paying maintenance, you can take out enforcement proceedings against him once the payment becomes due. But before doing so, you may wish to find out whether he has already made payment (eg. the cheque is in the post) or whether he has acceptable reasons for paying late. If you wish to enforce the order, you may ask the court to grant you "costs" or compensation for having to sue him to recover the maintenance arrears. In appropriate cases, you may also apply for an attachment of earnings order, security for maintenance or lump sum maintenance, so that you need not seek periodic maintenance from the Respondent.

[Big Sexy]

What action can the Family Court take to enforce a maintenance order (i.e. to force the person ordered to pay maintenance ("the Respondent") to obey the order)?

The Family Court may make the following orders to enforce the maintenance order:

(a) imprison the Respondent for up to one month for each month of maintenance remaining unpaid;


(b) issue a warrant to levy (that is, an order to seize the Respondent's property to auction so that the proceeds can be used to discharge the maintenance arrears);

(c) make a garnishee order (that is, an order to the Respondent's creditor to pay the debt that is owed to the Respondent to you instead to discharge the maintenance arrears); and

(d) an attachment of earnings order (that is, an order to the Respondent's employer to deduct the maintenance arrears from his salary and pay the same to you).

If the Respondent (the person who is ordered to pay maintenance) is put into jail for not paying maintenance, does that mean that he does not have to pay me any maintenance for the period that he is in jail? Does it mean that once he goes to jail, he will not have to pay me the maintenance that he owes me before he went to jail?

The Respondent will still have to pay the maintenance arrears,even though he has gone to jail, and he will still have to continue to pay you maintenance during the period he is in jail. However, the court may reduce the maintenance arrears payable. The court may also "suspend" or temporarily stop the maintenance order for the period that the Respondent is in jail. The court will look at all the circumstances of the case when deciding the appropriate orders to make, for example, whether the Respondent is receiving any income while he is in jail, or whether he appears to have substantial savings, from which the maintenance or maintenance arrears can be paid.

[Big Sexy]

What can be done if the Respondent (the person who is ordered to pay maintenance) cannot be found?

If you do not know where the Respondent lives, you can still apply to enforce the maintenance order by making a Magistrate's Complaint (See "How to apply for Maintenance"). If the Respondent cannot be found, you should inform the court. The court will then search its records for the Respondent's current or last known address and serve the legal process there. The case will then proceed in the usual way.

Can I enforce a maintenance order against a Respondent (the person who is ordered to pay maintenance) who is living overseas?

This depends on which country the Respondent is living in. Singapore has an arrangement with certain countries for the enforcement of maintenance orders made in Singapore (see the countries under the Maintenance Order (Facilities for Enforcement) and Maintenance Order (Reciprocal Enforcement) Act). If the Respondent lives in one of these countries, you may apply to enforce the maintenance order by attending at the Family Court. You will need to bring a photograph of the Respondent, a copy of your maintenance order, and his address in the foreign country. The court will then send copies of all the relevant documents, including the order of court, to the authorities in the foreign country, for them to serve on the Respondent. Upon service of these documents, the foreign authorities will take steps to enforce the maintenance order against the Respondent. It should be noted, however, that as the court has to liaise with foreign authorities and foreign courts, and has to depend on the foreign authorities and foreign courts to take action in the matter, the whole process may take some time

[Big Sexy]

If I am a Muslim or am married under Muslim law, can I apply for maintenance at the Family Court?

Yes, you can apply for maintenance at the Family Court for yourself against your husband, or for children against either parent. The Family Court can deal with maintenance cases involving Muslim parties or parties married under Muslim law, even if divorce proceedings are commenced at the Syariah Court before or after the maintenance application is filed at the Family Court, except that wives cannot claim maintenance for themselves once a divorce is granted by the Syariah Court.

[Big Sexy]

Uncle DNAT......i will start a thread on prostitution law soon. you will be my lead model...

[plain]

Originally Posted by Big Sexy

What will happen to our HDB flat once my spouse and I are divorced?

An HDB flat may be a matrimonial asset that can be divided by the court if it falls within the definition of a matrimonial asset. In dividing the flat, the court can make any orders set out in Question above. However, you should note that there are certain HDB policies that restrict a couple from selling or owning an HDB flat after divorce. The penalty of continuing to do so may be the forfeiture of the flat. For example, if you have not occupied the HDB flat for the requisite period, you may be barred from selling the flat. If you wish to retain the flat (the other spouse will then transfer his/her share in the flat to you), you must first be eligible to own the HDB flat under HDB's policies. It is therefore important you seek information from HDB as to what you can or cannot do with your flat before the ancillary matters hearing.

I was posed this question recently and I could not answer the lawyer.

Ex-husband wants to take over the flat, is it considered SELLING the flat to him or TRANSFERring ????

[plain]

Originally Posted by Big Sexy

Who can claim for spousal maintenance and who has a duty to pay spousal maintenance?

Under the Women's Charter, only a wife (and not husband) can claim for maintenance against her husband during the marriage. Both Muslim and non-Muslim wives can claim for maintenance at the Family Court as long as the marriage is continuing.
If there are civil divorce proceedings, a wife can also apply for maintenance from her husband to support herself during and after the divorce. This does not apply to wives who are Muslims or who are married under Muslim law.

Another question I am very curious about.

What happens when either party re-marry? Does he Stop sending maintenence to child / ex-wife ?

[Big Sexy]

bro. it is the responsibility of a lawyer to explain anything that you are unclear to you. ask him to do it and make sure he does that. but you will need to provide more detail though, example.. the ownership(s) of the flat. etc

Originally Posted by plain

I was posed this question recently and I could not answer the lawyer. Ex-husband wants to take over the flat, is it considered SELLING the flat to him or TRANSFERring ????

[Big Sexy]

hmm bro... under the singapore law.. woman are very well protected.. even if you are a bankrupt.. you might still have to continue to pay maintenance....

As to your question on whether you have to stop paying if either party remarry can be found on this page ( post no 92) see post 93 for maintence on kid.

hope it helps

Originally Posted by big sexy

What if either she or I re-marry? Do I still have to pay maintenance to her? You will have to pay your wife maintenance until the death of either party or upon the remarriage of the wife. Therefore, if your wife re-marries, you can stop paying her maintenance, but if you re-marry, you must continue to pay her maintenance.

Originally Posted by plain

Another question I am very curious about.
What happens when either party re-marry? Does he Stop sending maintenence to child / ex-wife ?

[plain]

Originally Posted by Big Sexy

bro. it is the responsibility of a lawyer to explain anything that you are unclear to you. ask him to do it and make sure he does that. but you will need to provide more detail though, example.. the ownership(s) of the flat. etc

as with all ownership of HDB flats, it is 50-50. The lawyer is also confused and posed me that question

[Big Sexy]

saw your message....sorry i didnt know u r a sis.....

though i dont specialise in HDB transaction matters... i know someone in the forum who is/was from HDB.. he will be in a better position to answer that question. His nick here is highlife. i will pm him to contact you.. but you reckon you could also get a search at http://www.hbd.gov.sg first..

Originally Posted by plain

as with all ownership of HDB flats, it is 50-50. The lawyer is also confused and posed me that question