Maintenance Orders (Reciprocal Enforcement) Act 1975 · 2020 Revised Edition · Part 3 · Orders Made by Courts Inreciprocating Countries
9. Variation and revocation of maintenance order registered in Singapore court
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Subject to this section, the registering court —
registering court
“registering court”, in relation to a registered order, means the court in which that order is for the time being registered under this Act;
has the like power, on an application made by the payer or payee under a registered order, to vary or revoke the order as if that court had had jurisdiction to make it; and
has power to vary or revoke a registered order by a provisional order.
The registering court is not to vary a registered order otherwise than by a provisional order unless —
registered order
“registered order” means a maintenance order which is for the time being registered in a court in Singapore under this Act;
both the payer and the payee under the registered order are for the time being residing in Singapore;
the application is made by the payee under the registered order; or
the variation consists of a reduction in the rate of the payments under the registered order and is made solely on the ground that there has been a change in the financial circumstances of the payer since the registered order was made or, in the case of an order registered under section 7, since the registered order was confirmed, and the courts in the reciprocating country in which the maintenance order in question was made do not have power, according to the law in force in that country, to confirm provisional orders varying maintenance orders.
The registering court is not to revoke a registered order otherwise than by a provisional order unless both the payer and the payee under the registered order are for the time being residing in Singapore.
provisional order
“provisional order” means (according to the context) —(a)an order made by a court in Singapore which is provisional only and has no effect unless confirmed, with or without alteration, by a competent court in a reciprocating country; or(b)an order made by a court in a reciprocating country which is provisional only and has no effect unless confirmed with or without alteration, by a court in Singapore having power under this Act to confirm it;
On an application for the revocation of a registered order, the registering court, unless both the payer and the payee under the registered order are for the time being residing in Singapore, is to apply the law applied by the reciprocating country in which the registered order was made; but where by virtue of this subsection the registering court is required to apply that law, that court may make a provisional order if it has reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, even though it has not been established that it is such a ground.
court
“court” includes any tribunal or person having power to make, confirm, enforce, vary or revoke a maintenance order that is enforceable by a civil court of competent jurisdiction;
Where the registering court makes a provisional order varying or revoking a registered order, the prescribed officer of the court must send in the prescribed manner to the court in the reciprocating country which made the registered order a certified copy of the provisional order together with a document, authenticated in the prescribed manner, setting out or summarising the evidence given in the proceedings.
reciprocating country
“reciprocating country” has the meaning given by section 17;
Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying a registered order, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the provisional order was made, is received by the registering court, that court may confirm the order either without alteration or with such alterations as it thinks reasonable or refuse to confirm the order.
certified copy
“certified copy”, in relation to an order of court, means a copy of the order certified by the proper officer of the court to be a true copy;
For the purpose of determining whether a provisional order should be confirmed under subsection (6), the court is to proceed as if an application for the variation of the registered order had been made to it.
Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by a court in Singapore or by a competent court in a reciprocating country, the registered order has, as from the date on which under the provisions of the order the variation is to take effect, effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order.
Where a registered order has been revoked by an order made by a court in Singapore or by a competent court in a reciprocating country, including a provisional order made by the firstmentioned court which has been confirmed by a competent court in a reciprocating country, the registered order is deemed, as from the date on which under the provisions of the order the revocation is to take effect, to have ceased to have effect except as respects any arrears due under the registered order at that date.
The prescribed officer of the registering court must register in the prescribed manner any order varying a registered order other than a provisional order which is not confirmed.