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.
If your divorce case was commenced on or after 15 October 2024, you will need to file a Summons (Variation / Rescission) (Form 55B (DOCX, 140 KB), Form 56B (DOCX, 108 KB), Forms 53 (DOCX, 56 KB) and 53A (DOCX, 56 KB), Forms 67 (DOCX, 54 KB) and 67A (DOCX, 59 KB), Family Justice Courts Practice Directions 2024) with a supporting affidavit, to vary your court order.
If your divorce case was commenced before 15 October 2024, you will need to file an Originating Application (Variation/Rescission (Form 55B (DOCX, 140 KB), Form 56B (DOCX, 108 KB), Forms 53 (DOCX, 56 KB) and 53A (DOCX, 56 KB), Forms 67 (DOCX, 54 KB) and 67A (DOCX, 59 KB), Family Justice Courts Practice Directions 2024) with a supporting affidavit, to vary your court order.
How do I know when my divorce case was commenced?
The originating application or affidavit should include the following:
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 agencies (DSSAs) if they are affected by divorce.
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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