Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024

No. S 994

Family Justice Reform Act 2023

Family Justice Reform Act 2023
(Cessation of Application of Section 45(13))
Regulations 2024

In exercise of the powers conferred by section 45(15) of the Family Justice Reform Act 2023, the Minister for Law makes the following Regulations:

Citation and commencement

1.  These Regulations are the Family Justice Reform Act 2023 (Cessation of Application of Section 45(13)) Regulations 2024 and come into operation on 16 January 2025.

Definitions

2.—(1)  In these Regulations —

“Court” has the meaning given by Part 1, Rule 3(2) of the Family Justice (General) Rules 2024 (G.N. No. S 720/2024);

“maintenance arrears” has the meaning given by section 76(1) of the Women’s Charter 1961;

[S 603/2025 wef 01/10/2025]

“maintenance enforcement application” means —

(a) any application for enforcement of the maintenance order under section 71 of the Women’s Charter 1961 as in force immediately before 16 January 2025; or

(b) any application under section 80 of the Women’s Charter 1961 as in force on or after 16 January 2025;

“relevant maintenance order” means any of the following orders:

(a) an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child, made or deemed to be made by the General Division of the High Court or a Family Court under Part 8 of the Women’s Charter 1961;

(b) an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10 of the Women’s Charter 1961;

(c) an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966;

(d) an order for the payment of money in respect of the maintenance of an infant made under the Guardianship of Infants Act 1934;

(e) an order for maintenance made under the Maintenance of Parents Act 1995.

(2)  For the purposes of these Regulations —

(a) a maintenance enforcement application is concluded if —

(i) the proceedings arising from the application, including any appeal against any decision of the Court on the application, have been disposed of; and

(ii) the period for the making of an appeal against a decision of the Court on the application has ended; and

(b) a maintenance enforcement application is pending if it is not concluded.

Cessation of application of section 45(13) of Act

3.—(1)  For the purposes of section 45(14) of the Act, section 45(13) of the Act ceases to apply on or after 16 January 2025 to a relevant maintenance order, once both the following conditions are fulfilled:

(a) there is at least one concluded maintenance enforcement application in respect of the order;

(b) there is no pending maintenance enforcement application in respect of the order.

(2)  For the purposes of section 45(14) of the Act, section 45(13) of the Act ceases to apply to a relevant maintenance order in respect of which the first maintenance enforcement application is filed on or after 1 October 2025, if both the following conditions are fulfilled at that time:

(a) any appeal against the order has been disposed of and the period for the making of an appeal against the order has ended;

(b) maintenance arrears under the order are $10,000 or more.

[S 603/2025 wef 01/10/2025]

Made on 18 December 2024.

LUKE GOH

Permanent Secretary,
Ministry of Law,
Singapore.

[LAW 63-009-Family Justice Bill 2022-Vol 0; AG/LEGIS/SL/104A/2020/5]