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Varying a court order
Apply to vary a court order for ancillary matters
Parties may consider applying to vary (change) a court order if there is a material change in circumstances of either party or of their children (if applicable). The applicant must demonstrate that the circumstances existing at the time of the court order are so different from the current circumstances that the order of court needs to be modified.
To vary a court order, these are the court forms which are applicable depending on the type of orders you wish to vary:
| No | Order to be varied | Court form (refer to court form for more details) | Document title to select in elitigation |
| 1 | Orders for custody, care and control, access orders, children maintenance. | 55B (DOCX, 140 KB) | Originating application for children orders (variation, rescission) in a dissolution case OR Summons for children orders (variation, rescission). |
| 2 | Orders for children maintenance only. | 56B (DOCX, 108 KB) | Originating application for maintenance (variation, rescission) in a dissolution case OR Summons for spouse/children maintenance (variation, rescission). |
| 3 | Orders for children maintenance with spousal maintenance. | 56B (DOCX, 108 KB) | Originating application for maintenance (variation, rescission) in a dissolution cases OR Summons for spouse/children maintenance (variation, rescission). |
| 4 | Orders for spousal maintenance only. | 56B (DOCX, 108 KB) | Originating application for maintenance (variation, rescission) in a dissolution cases OR Summons for spouse/children maintenance (variation, rescission). |
| 5 | Orders for custody, care and control, access orders, children maintenance and spousal maintenance. | 55B (DOCX, 140 KB)and 56B (DOCX, 108 KB) (for spousal maintenance) Instead of filing 2 applications, you may file Form 55B and include the additional information which is in 56B but not found in 55B. | Originating application for maintenance (variation, rescission) in a dissolution cases OR Summons for spouse/children maintenance (variation, rescission). |
| 6 | All other orders. | If the application is by way of an originating application: 53A (DOCX, 56 KB) with 54 (DOCX, 61 KB). If the application is by way of a summons: 67A (DOCX, 59 KB) with 54 (DOCX, 61 KB). | Originating application for variation, rescission, setting aside of other orders in a dissolution case OR Summons for variation, rescission, setting aside of orders/judgments. |
As a general guide, where the orders to be varied include orders which straddle different specific forms (eg. 55B and 56B) or require the use of both a specific form and a general Form (eg. 55B with 53A), you can either:
(a) file 2 separate applications; or
(b) file 1 application using the specific Form (eg. Form 55B) and incorporate the relevant information for the other orders (as an example see No. 5 in the table above).
If your divorce case was commenced on or after 15 October 2024, the variation application should be filed as a summons (not originating application).
If your divorce case was commenced before 15 October 2024, the variation application should be filed as an originating application (not as a summons). Once an originating application for variation is commenced, all subsequent variations are filed by a summons. As an example, party A files an originating application for maintenance (variation, rescission) in a dissolution case (Case 1). If party B wishes to vary care and control orders subsequently, that party will file a summons in Case 1, not an originating application.
Tip
How do I know when my divorce case was commenced?
- For divorce cases commenced on or after 15 October 2024, the date on the top left corner of the originating application for divorce will indicate the commencement date. For example “Filed: 2-December-2024 10:45 AM”.
- For divorce cases commenced before 15 October 2024, the date on the top left corner of the Writ for Divorce will indicate the commencement date. For example “Filed: 2-January-2017 10:45 AM”.
The originating application or affidavit should include the following:
- Full particulars of your property and income (if applicable).
- The grounds (reasons) for your application.
Find out how to prepare an affidavit.
Find out how to vary an existing maintenance order.
Note
Parties and their children (if applicable) may wish to attend counselling and any of the support programmes available at the Strengthening Families Programme@Family Service Centres (FAM@FSCs) and Divorce Support Specialist Agency (DSSA) if they are affected by divorce.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
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