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In Singapore, divorce and related matters such as spousal and child maintenance, custody, and the division of matrimonial assets, are governed by the Women’s Charter 1961 (“WC”). Once a divorce is finalised, the court issues binding orders outlining each party’s rights and responsibilities. Over time, circumstances may change and the binding orders may no longer be applicable and/or be carried out. As such, one may require to vary the binding orders.
The Singapore Courts do not just vary upon applications. The ground that one needs to satisfy for a successful variation application ….is a material change in circumstances. The law recognises that family relationships and needs are dynamic, and has the possibility to change. The applicant must show that the circumstance at the time the court order was made is so different to the current circumstance that the court has to change the order to cater the new circumstances.
The Court of Appeal in BZD v BZE clarified that the question was not simply whether there was a material change, but rather whether the change was sufficiently material such that it is no longer fair to expect the status quo to remain. For example, a party may lose their job, remarry, relocate, or experience a substantial shift in financial or caregiving responsibilities. Children may also have evolving needs, especially as they grow older. Other examples in relation to the orders on matrimonial assets would be the order is no longer working (timeframe to sell the matrimonial property has lapsed).
To vary an order, the applicant must file the appropriate court documents with supporting evidence demonstrating the material change in circumstances. The other party will have the opportunity to respond. The court will then assess whether a variation is justified and in line with the current needs of the parties and most importantly the needs of any children involved.
Family court orders made during or after divorce are not set in stone. When life circumstances change, a party may apply to vary the order to reflect new realities. Acting early and responsibly can help safeguard both your interests and your family’s well-being.
