Skip to content
bruneilawsby aturio
In force2021 Revised Edition
Contents

Part · Orders Made by Courts in Reciprocating Countries

9. Variation and revocation of maintenance order

(1)

Subject to this section, the registering court shall have -

(a)

the same power, on an application made by the payer or payee under a registered order, to vary or revoke the order as if that court had jurisdiction to make it; and

(b)

the power to vary or revoke a registered order by a provisional order.

(2)

The registering court shall not vary a registered order otherwise than by a provisional order unless -

(a)

both the payer and the payee under the registered order are for the time being residing in Brunei Darussalam;

(b)

the application is made by the payee under the registered order; or

Maintenance Orders

Reciprocul Enforcement

CAP. 175 1 5

(c)

the variation consists of a reduction in the rate of the payments under the registered order and is made solely on the ground that there has been a change in the financial circumstances of the payer -

(i)

since the registered order was made; or

(ii)

in the case of an order registered under section 7, since the registered order was confirmed.

and the courts in the reciprocating country in which the maintenance order in question was made do not have power. according to the law in force in that country, to confirm provisional orders varying maintenance orders.

(3)

The registering court shall not revoke a registered order otherwise than by a provisional order unless both the payer and the payee under the registered order are for the time being residing in Brunei Darussalam.

(4)

On an application for the revocation of a registered order, the registering court shall, unless both the payer and the payee under the registered order are for the time being residing in Brunei Darussalam, apply the law applied by the reciprocating country in which the registered order was made.

(5)

If. by virtue of subsection (4), the registering court is required to apply that law, that court may make a provisional order if it has reason to believe that the ground on which the application is made is a ground on which the order could be revoked according to the law applied by the reciprocating country, notwithstanding that it has not been established that it is such a ground.

(6)

Where the registering court makes a provisional order varying or revoking a registered order, the court shall send to the court in the reciprocating country which made the registered order a certified copy of the provisional order, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings.

(7)

Where a certified copy of a provisional order made by a court in a reciprocating country, being an order varying a registered order, together with a document, duly authenticated, setting out or summarising the evidence given in the proceedings in which the provisional order was made.

is received by the registering court, that court may confirm the order either

LAWS OF BRUNEl

Maintenance Orders 16 CAP.

Reciprocal Enforcement without alteration or with such alterations as it thinks reasonable or refuse to confirm the order.

(8)

For the purpose of determining whether a provisional order should be confirmed under subsection (7), the court shall proceed as if an application for the variation of the registered order had been made to it.

(9)

Where a registered order has been varied by an order (including a provisional order which has been confirmed) made by a court in Brunei

Darussalam or by a competent court in a reciprocating country, the registered order shall, as from the date on which the order was made, have effect as varied by that order and, where that order was a provisional order, as if that order had been made in the form in which it was confirmed and as if it had never been a provisional order.

(1 0) Where a registered order has been revoked by an order made by a court in Brunei Darussalam or by a competent court in a reciprocating country, including a provisional order made by the first-mentioned court which has been confirmed by a competent court in a reciprocating country, the registered order, as from the date on which the order was made, is deemed to have ceased to have effect except as respects any arrears due under the registered order at that date.

(1 1) The registering court shall register any order varying a registered order other than a provisional order which is not confirmed.

Report

Read on from s 10

Part

General

Read on from Part