BZD v BZE [2020] SGCA 1

Outcome: Appeal allowed 

Facts

1 Pursuant to s 118 of the Women’s Charter (Cap 353, 2009 Rev Ed), the Husband applied for a downward variation of maintenance for a number of reasons, including that both children had moved to the UK to study and this resulted in a substantial increase in the educational expenses borne by the Husband. The Family Division of the High Court terminated maintenance payments to the Wife for her personal expenses as well as the expenses during the time spent with the children. The Wife appealed.

Court’s Decision:

2 In determining whether there has been any material change in circumstances, the focus is not on the presence of any material change, by itself, since the maintenance order, but rather if the change is sufficiently material such that it is no longer fair to expect the state of affairs to remain consistent: at [14].

3 In this case, there was no dispute that the husband’s increase in income significantly outstripped the increase in the children’s educational expenses. No suggestion had been made that the Husband was unable to afford the increase in the educational expenses and indeed the evidence militated against it. The Court of Appeal therefore allowed the Wife’s appeal: at [14].

The full text of the decision can be found here.

This summary is provided to assist the public to have a better understanding of the Court’s judgment. It is not intended to be a substitute for the reasons of the Court. All numbers in bold font and square brackets refer to the corresponding paragraph numbers in the Court’s judgment.