Registration in Singapore court of maintenance order made in reciprocating country
6.—(1) This section applies to a maintenance order made, whether before or after 3 May 1976, by a court in a reciprocating country, including such an order made by such a court which has been confirmed by a court in another reciprocating country but excluding a provisional order which has not been confirmed.
(2) Where a certified copy of an order to which this section applies is received by the Minister from the responsible authority in a reciprocating country, and it appears to the Minister that the payer under the order is residing in Singapore, the Minister must send the copy of the order to the prescribed officer of the appropriate court.
(3) Where the prescribed officer of the appropriate court receives from the Minister a certified copy of an order to which this section applies, the prescribed officer must, subject to subsection (4), register the order in the prescribed manner in that court.
(4) Before registering an order under this section, an officer of a court must take such steps as the officer thinks fit to ascertain whether the payer under the order is residing within the jurisdiction of the court, and if after taking those steps the officer is satisfied that the payer is not so residing, the officer must return the certified copy of the order to the Minister with a statement giving such information as the officer possesses as to the whereabouts of the payer.
Confirmation by Singapore court of provisional maintenance order made in reciprocating country
7.—(1) This section applies to a maintenance order made, whether before or after 3 May 1976, by a court in a reciprocating country being a provisional order.
(2) Where a certified copy of an order to which this section applies, together with —(a)
a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the order was made; and
(b)
a statement of the grounds on which the making of the order might have been opposed by the payer under the order,
is received by the Minister from the responsible authority in a reciprocating country, and it appears to the Minister that the payer under the order is residing in Singapore, the Minister must send the copy of the order and documents which accompanied it to the prescribed officer of the appropriate court, and that court is to —
(c)
if the payer under the order establishes any grounds on which the payer might have opposed the making of the order in the proceedings in which the order was made — refuse to confirm the order; and
(d)
in any other case — confirm the order either without alteration or with such alterations as it thinks reasonable.[2/2012]
(3) In any proceedings for the confirmation under this section of a provisional order, the statement received from the court which made the order of the grounds on which the making of the order might have been opposed by the payer under the order is conclusive evidence that the payer might have opposed the making of the order on any of those grounds in the proceedings in which the order was made.[2/2012]
(4) For the purpose of determining whether a provisional order should be confirmed under this section, the court is to proceed as if an application for a maintenance order against the payer under the provisional order had been made to it.
(5) The prescribed officer of a court having power under this section to confirm a provisional order must, if the court confirms the order, register the order in the prescribed manner in that court, and must, if the court refuses to confirm the order, return the certified copy of the order and the documents which accompanied it to the Minister.
(6) If a summons to appear in the proceedings for the confirmation of the provisional order cannot be duly served on the payer under that order, the officer by whom the certified copy of the order was received must return that copy and the documents which accompanied it to the Minister with a statement giving such information as the officer possesses as to the whereabouts of the payer.
Enforcement of maintenance order registered in Singapore court
8.—(1) A registered order may be enforced in Singapore as if it had been made by the registering court and as if that court had had jurisdiction to make it; and proceedings for or with respect to the enforcement of any such order may be taken accordingly.
(2) [Deleted by Act 18 of 2023 wef 16/01/2025]
(3) [Deleted by Act 18 of 2023 wef 16/01/2025]
(4) Any person for the time being under an obligation to make payments pursuant to a registered order must give notice of any change of address to the clerk of the registering court, and any person failing without reasonable excuse to give such a notice shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.
(5) The Family Court by which an order is enforceable by virtue of this section, and the officers of that Family Court, are to take all such steps for enforcing the order as may be prescribed.[27/2014]
(6) In any proceedings for or with respect to the enforcement of an order which is for the time being registered in any court under this Act, a certificate of arrears sent to the prescribed officer of the court is evidence of the facts stated in the certificate.
(7) Subject to subsection (8), sums of money payable under a registered order are payable in accordance with the order as from the date on which the order was made.
(8) The court having power under section 7 to confirm a provisional order may, if it decides to confirm the order, direct that the sums of money payable under the order are deemed to have been payable in accordance with the order as from such date (being a date later than the date on which the order was made) as it may specify; and subject to any such direction, a maintenance order registered under that section is to be treated as if it had been made in the form in which it was confirmed and as if it had never been a provisional order.
Variation and revocation of maintenance order registered in Singapore court
9.—(1) Subject to this section, the registering court —(a)
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
(b)
has power to vary or revoke a registered order by a provisional order.
(2) The registering court is not to vary a registered order otherwise than by a provisional order unless —(a)
both the payer and the payee under the registered order are for the time being residing in Singapore;
(b)
the application is made by the payee under the registered order; or
(c)
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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.[2/2012]
(9) 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.[2/2012]
(10) 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.
Cancellation of registration of order
10.—(1) Where a registered order is revoked by —(a)
an order made by the registering court;
(b)
a provisional order made by that court which has been confirmed by a court in a reciprocating country and notice of the confirmation is received by the registering court; or
(c)
an order made by a court in such a country and notice of the revocation is received by the registering court,
the prescribed officer of the registering court must cancel the registration; but any arrears due under the registered order at the date when its registration is cancelled by virtue of this subsection continue to be recoverable as if the registration had not been cancelled.
(2) Where the prescribed officer of the registering court is of the opinion that the payer under a registered order has ceased to reside within the jurisdiction of that court, the prescribed officer must cancel the registration of the order and send the certified copy of the order to the Minister.
Steps to be taken by the Minister where payer under certain orders is not residing in Singapore
11. If at any time it appears to the Minister that the payer under a maintenance order, a certified copy of which has been received by the Minister from a reciprocating country, is not residing in Singapore or, in the case of an order which subsequently became a registered order, has ceased to reside in Singapore, the Minister must send to the responsible authority in that country —(a)
the certified copy of the order in question and a certified copy of any order varying that order;
(b)
if the order has at any time been a registered order, a certificate of arrears signed by the prescribed officer;
(c)
a statement giving such information as the Minister possesses as to the whereabouts of the payer; and
(d)
any other relevant documents in the Minister’s possession relating to the case.[2/2012]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
