Women’s Charter - Singapore Statutes Online

Court may order maintenance of wife, incapacitated husband and children

69.—(1) The court may, on the application of a wife, and on due proof that her husband has neglected or refused to provide reasonable maintenance for her, order the husband to pay a monthly allowance or a lump sum for the maintenance of that wife.

[Act 7 of 2016 wef 01/07/2016]

(1A) The court may, on the application of an incapacitated husband, and on due proof that his wife has neglected or refused to provide reasonable maintenance for him, order the wife to pay a monthly allowance or a lump sum for the maintenance of that husband.

[Act 7 of 2016 wef 01/07/2016]

(1B) The court may make an order under subsection (1) or (1A) regardless when the marriage was solemnized, whether before, on or after the date of commencement of section 16(a) of the Women’s Charter (Amendment) Act 2016.

[Act 7 of 2016 wef 01/07/2016]

(2) The court may, on due proof that a parent has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself, order that parent to pay a monthly allowance or a lump sum for the maintenance of that child.

[30/96]

[Act 27 of 2014 wef 01/10/2014]

(3) An application for the maintenance of a child under subsection (2) may be made by —

(a)	any person who is a guardian or has the actual custody of the child;
(b)	where the child has attained the age of 21 years, by the child himself;
(c)	where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years; or
(d)	any person appointed by the Minister. [30/96]

(4) The court, when ordering maintenance for a wife, an incapacitated husband or a child under this section, shall have regard to all the circumstances of the case including the following matters:

(a)

the financial needs of the wife, incapacitated husband or child;

[Act 7 of 2016 wef 01/07/2016]

(b)

the income, earning capacity (if any), property and other financial resources of the wife, incapacitated husband or child;

[Act 7 of 2016 wef 01/07/2016]

(c)

any physical or mental disability of the wife, incapacitated husband or child;

[Act 7 of 2016 wef 01/07/2016]

(d)

the age of each party to the marriage and the duration of the marriage;

(e)

the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(f)

the standard of living enjoyed —

(i)	by the wife before her husband neglected or refused to provide reasonable maintenance for her;
(ii)	by the incapacitated husband before his wife neglected or refused to provide reasonable maintenance for him; or
(iii)	by the child before a parent neglected or refused to provide reasonable maintenance for the child; [Act 7 of 2016 wef 01/07/2016]

(g)

in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained; and

(h)

the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.

[30/96]

[Act 7 of 2016 wef 01/07/2016]

(5) The court shall not make an order under subsection (2) for the benefit of a child who has attained the age of 21 years or for a period that extends beyond the day on which the child will attain that age unless the court is satisfied that the provision of the maintenance is necessary because —

(a)	of a mental or physical disability of the child;
(b)	the child is or will be serving full-time national service;
(c)	the child is or will be or (if an order were made under subsection (2)) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or
(d)	special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order. [30/96]

(6) An order under subsection (2) ceases to be in force on the day on which the child attains the age of 21 years unless the order is expressed to continue in force for a period ending after that day.

[30/96]

(7) An order under subsection (2) may direct payment to the person having custody or care and control of the child or the trustees of the child.

[30/96]

(8) When ordering the payment of maintenance under this section or at any time after the making of the order, the court may, if it considers just, order the person liable to pay the maintenance to secure the whole or any part of it by vesting any property belonging to the person in trustees upon trust to pay the maintenance or any part of it out of the income from the property, and subject thereto, in trust for the settlor.

[30/96]

(9) The court shall have the powers conferred by section 85 in respect of proceedings relating to maintenance under this section.

[30/96]

[Act 7 of 2016 wef 01/07/2016]

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