This guide helps you apply to the Family Court to change (vary) a previous final court order relating to ancillary issues. This is called applying for a variation order.
Trying to change or vary a divorce court order if your ex-spouse disagrees can be a challenging task. It involves your family lawyer revisiting the old facts and showing the material change in circumstances. There may be several affidavits filed and several mediation sessions. It may take at least 6 months before an application for variation is heard.
By consent variation orders
If, however, you and your ex-spouse agree to a variation order, the application is relatively more straightforward. You will need to show the variation that both of you wish to make and why it is necessary. You would be able to obtain your consent variation in about 1 to 2 months.
PKWA Law’s fees for a variation order
- If contested – please get in touch with us for an assessment.
- If uncontested (both parties agree) – $1500.
If you are applying for a contested variation
You can only make a variation application to change the terms of a final order. You can’t make a variation application to change an interim order. An interim order is made ‘in the meantime,’ before all of the issues have been finalized. For example, you might have an interim order to deal with parenting issues and support while processing your divorce.
If you are divorced, your Interim Judgement or Final Order will set out the terms of the final orders. These final orders may relate to custody of children, care and control, children’s access, division of matrimonial assets, and maintenance for spouse and children.
After getting the divorce order, it is not uncommon for parties to find that the order is not workable, practical, or no longer feasible. For example, both parties may find that the other parent should have care and control. Or they may find that they no longer wish to sell the HDB property in the open market and want it to be transferred or sold to the other spouse. Here are some of the most common reasons for parties wishing to change the terms of an existing divorce court order:
Change of maintenance order
Financial needs of yourself or your children have changed.
One party may have remarried.
Retrenchment or loss of a job.
Change of children custody, care and control and access
There has been a material change in circumstance, and the change in order is made in the children’s best interests.
Change in the division of assets
It isn’t easy to vary a final order touching on the division of matrimonial assets unless the order was unworkable ab initio. Therefore, the correct procedure is to file an appeal within the time period.
Enforcement of Court Orders
We also represent clients in the enforcement of court orders on child support, spousal support and child custody, care and control. For example, if you are not receiving maintenance payments or are not given access to your children, we can take action on your behalf to enforce the court order.
To schedule a consultation, contact PKWA Law at tel 6854-5336. Our experienced family lawyers will guide you through the process and advise you of your options if you wish to vary or change a family court order.