Variation

A divorce is generally final. However, parties may, in the appropriate circumstances, be allowed to vary the terms of the divorce. For example, a parent may seek to lower the amount of child maintenance payable. Alternatively, a parent may seek to have the care and control of a child transferred to him/her.

In certain cases, a parent may even seek to relocate from Singapore with the child.

Decisions and orders as to financial matters will generally depend on parties’ financial circumstances as well as the prevailing law.

Decisions and orders as to matters involving children are determined only in the child’s best interests.

We routinely handle variation applications of all kinds. We will be able to advise you on:

    1. Whether what you want to change is possible; and
    2. Your chances of success in making any such application.

FAQs

1. Is it true that a parent will always be allowed to relocate to another country with the children?

Relocation applications are allowed only if the court finds the relocation to be in the children’s best interests. The court considers many factors, including but not limited to the strength of the children’s existing relationship with the parent who is to be left behind.

2. Why do parties sometimes ask for $1.00 maintenance?

This preserves the right of parties to have the maintenance figure increased in the future, should they so require. In APE v APF [2015] SGCA 47, the Court of Appeal found that an order that there be no maintenance could never be varied upward.

Reach Us

We offer a free, non-obligatory consultation of up to 30 minutes for first-time clients. Please feel free to reach out to us anytime.

2 Havelock Road
#06-06 Havelock II

Singapore 059763

Tel: 6227 4155
Mobile: 
9677 9990 / 9107 5112
Fax: 6224 1393

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