Women’s Charter 1961 · 2020 Revised Edition · Part 10B · Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings
139M. Power of court to set aside or prevent dispositions
Last amended by an amending law of 2023.
Official textFrom Singapore Statutes Online, unchanged
The court has the power on application —
to set aside any disposition of property by a person (called in this section A) — if the court is satisfied that the disposition of property has been made within the preceding 3 years immediately before the date of the making of the application, with the object on the part of A to produce the relevant consequence; or
to grant an injunction preventing any disposition of property by A — if the court is satisfied that A is making the disposition with the object on the part of A to produce the relevant consequence.
In a case where a maintenance order has been made and has not been discharged or rescinded, unless the contrary is proved, A is presumed to have made, or to be making, a disposition of property with the object on the part of A to produce the relevant consequence if the court is satisfied that —
maintenance order
“maintenance order” means —(a)an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child made or deemed to be made by a court under Part 8;(b)an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;(c)an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
in the case of a disposition mentioned in subsection (1)(a) — the disposition has had the relevant consequence; or
in the case of a disposition mentioned in subsection (1)(b) — the disposition would have (apart from this section) the relevant consequence.
The court must not make an order under subsection (1)(a) setting aside any disposition if the disposition was made for valuable consideration (other than marriage) to a person who, at the time of the disposition, acted in relation to it in good faith and without notice of any object on the part of A to produce the relevant consequence.
Where the court makes an order under subsection (1)(a), the court may give any consequential direction that it thinks fit for giving effect to the order, including any direction for the making of any payment or the disposal of any property.
In this section —
“disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered;
“property” means property of any nature, movable or immovable, and includes money;
“relevant consequence” means —
the reduction of A’s means to pay maintenance; or
the deprivation of A’s wife, former wife, incapacitated husband, incapacitated former husband or child, of any rights in relation to property, whether or not the rights have accrued to A’s wife, former wife, incapacitated husband, incapacitated former husband or child (as the case may be) at the time that the application under subsection (1) is made.
incapacitated husband
“incapacitated husband” means a husband who —(a)during the marriage, is or becomes —(i)incapacitated, by any physical or mental disability or any illness, from earning a livelihood; and(ii)unable to maintain himself; and(b)continues to be unable to maintain himself;
Terms defined in this Act
child
Defined · s 122“child” means a child of the marriage as defined in section 92 but who is below 21 years of age.
incapacitated former husband
Defined · s 2“incapacitated former husband”, in relation to a dissolved or an annulled marriage, means a former husband to the marriage who —(a)during the subsistence of the marriage, was or became —(i)incapacitated, by any physical or mental disability or any illness, from earning a livelihood; and(ii)unable to maintain himself; and(b)continues to be unable to maintain himself;
incapacitated husband
Defined · s 2“incapacitated husband” means a husband who —(a)during the marriage, is or becomes —(i)incapacitated, by any physical or mental disability or any illness, from earning a livelihood; and(ii)unable to maintain himself; and(b)continues to be unable to maintain himself;
maintenance order
Defined · s 8“maintenance order” means —(a)an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child made or deemed to be made by a court under Part 8;(b)an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;(c)an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
Part 10C
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Part 11
Offences Against Women and Girls
Part 12