- This Act may be cited as the Women’s Charter.
- In this Act, unless the context otherwise requires —
- —(1) Except as otherwise provided, this Act shall apply to all persons in Singapore and shall also apply to all persons domiciled in Singapore. [26/80]
- —(1) Every person who on 15th September 1961 is lawfully married under any law, religion, custom or usage to one or more spouses shall be incapable during the continuance of that marriage or marriages of contracting a valid marriage under any law, religion, custom or usage with any person other than such spouse or spouses. [9/67]
- —(1) Every marriage contracted in Singapore or elsewhere in contravention of section 4 shall be void. [9/67;26/80]
- Any person lawfully married under any law, religion, custom or usage who during the continuance of that marriage purports to contract a marriage in Singapore or elsewhere under any law, religion, custom or usage in contravention of section 4 shall be deemed to commit the offence of marrying again during the lifetime of the husband or wife, as the case may be, within the meaning of section 494 of the Penal Code (Cap. 224).[26/80]
- Every marriage solemnized in Singapore after 15th September 1961, other than a marriage which is void under the provisions of this Act, shall continue until dissolved —
- —(1) A marriage may be solemnized by the Registrar or any other person to whom a licence to solemnize marriages under this section has been granted by the Minister.
- A marriage solemnized in Singapore or elsewhere between persons either of whom is below the age of 18 years shall be void unless the solemnization of the marriage was authorised by a special marriage licence granted by the Minister under section 21.
- —(1) A marriage solemnized in Singapore or elsewhere between a man and any of the persons mentioned in the first column of the First Schedule, or between a woman and any of the persons mentioned in the second column of that Schedule, shall be void.
- A marriage solemnized in Singapore or elsewhere between persons either of whom, at the date of the marriage, is married under any law, religion, custom or usage to any other person shall be void.
- —(1) A marriage solemnized in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female shall be void.
- —(1) Subject to this section, a marriage licence under section 17 or a special marriage licence under section 21 for the marriage of a minor shall not be issued or granted without the consent of a person mentioned in the Second Schedule who is authorised to give such consent.
- Whenever any persons desire to marry in Singapore, one of the parties to the intended marriage shall sign and give to the Registrar a notice in the prescribed form.
- If the person giving the notice under section 14 is unable to write or is insufficiently acquainted with the English language, or both, then it shall be sufficient if he places his mark or cross thereon in the presence of some literate person who shall attest the same, which attestation shall be in the prescribed form.
- —(1) Upon receipt of a notice under section 14, the Registrar shall cause the notice to be filed serially by electronic media or other means.
- —(1) The Registrar shall, at any time after the expiration of 21 days and before the expiration of 3 months from the date of the notice and upon payment of the prescribed fee, issue a marriage licence in the prescribed form.
- If the marriage does not take place within 3 months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and fresh notice shall be given before the parties can lawfully marry.
- —(1) Any person may, on payment of the prescribed fee, enter a caveat with the Registrar against the issue of a licence for the marriage of any person named in the caveat and notice of whose intended marriage has been given to the Registrar.[26/80]
- —(1) If a caveat is entered in accordance with section 19, the Registrar shall not issue a licence for the marriage against which the caveat has been entered unless —
- —(1) The Minister, upon proof being made to him by statutory declaration that there is no lawful impediment to the proposed marriage, and upon his being satisfied that the necessary consent, if any, to the marriage has been obtained, or that the consent has been dispensed with or given under section 13 may, if he thinks fit, dispense with the giving of notice and with the issue of a marriage licence, and may grant a special marriage licence in the prescribed form authorising the solemnization of a marriage between the parties named in that licence. [26/80]
- —(1) Every marriage solemnized in Singapore shall be void unless it is solemnized —
- A marriage solemnized by the Registrar or any person licensed to solemnize marriages may be solemnized according to such form and ceremony as the Registrar or the person solemnizing the marriage sees fit to adopt and in some part of the ceremony he shall request each of the parties to the marriage to declare that he or she is willing to take the other party as his or her wedded wife or husband, as the case may be. [26/80]
- —(1) If the parties to any marriage contracted and solemnized under this Act or under any previous written law relating to Christian or civil marriages shall desire to add to the marriage so contracted and solemnized the religious ceremony ordained or used by the church or temple of which the parties or one of them are members or is a member, it shall be competent for them to present themselves for that purpose to a clergyman, minister or priest of such church or temple, having given notice to that clergyman, minister or priest of their intention to do so; and that clergyman, minister or priest, upon the production of a certified copy of the certificate of the marriage, may, if he sees fit, read or celebrate the marriage service of the church or temple to which he belongs.
- Every marriage solemnized in Singapore after 15th September 1961 shall be registered in accordance with the provisions of this Part.
- —(1) The Minister may appoint any public officer either by name or office to be the Registrar of Marriages or an Assistant Registrar of Marriages for the purposes of this Act.
- —(1) The Registrar shall keep a State Marriage Register as prescribed by this Act.[30/96]
- —(1) Every marriage solemnized by the Registrar shall immediately after the solemnization thereof be registered by the Registrar in the certificate of marriage.[30/96]
- —(1) The parties to a marriage which is not solemnized by the Registrar shall —
- Where the parties to a marriage have not appeared before a Deputy Registrar within the time prescribed by section 29, the marriage may, with the consent in writing of the Registrar, be registered by a Deputy Registrar on payment of such penalty as may be prescribed.[9/67]
- On the completion of the registration of any marriage, the Registrar or the Deputy Registrar shall deliver to the bride a copy of the certificate of marriage duly signed and sealed with his seal of office.
- No person other than the Registrar or a Deputy Registrar shall —
- Nothing in this Act shall be construed to render valid or invalid merely by reason of its having been or not having been registered any marriage which otherwise is invalid or valid.
- —(1) Any person who, being required by section 29 to appear before a Deputy Registrar, fails to do so within the prescribed time shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.[26/80]
- Any person who contravenes section 32 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both.
- Any person who uses any force or threat —
- Any person who for the purpose of procuring any marriage under this Act intentionally makes any false declaration or signs any false notice or certificate required by this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.
- —(1) Any person who enters a caveat against the issue by the Registrar of a marriage licence and makes any false representation in or in support of the caveat knowing or believing such representation to be false or not having reason to believe it to be true shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.
- Any person who, not being authorised thereto under this Act, solemnizes or purports to solemnize any marriage shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years and shall also be liable to a fine not exceeding $15,000.[9/67]
- —(1) Any person who knowingly and contrary to this Act solemnizes or purports to solemnize or officiates at a marriage —
- Any person who by himself or another —
- No prosecution for any offence punishable under this Part shall be instituted except with the consent of the Public Prosecutor.[9/67]
- —(1) If the Registrar is satisfied by statutory declaration or otherwise that any entry relating to a marriage is erroneous in form or substance, he may, in the presence of the persons married, or, if they are absent, in the presence of 2 credible witnesses, correct the error by ruling through any entry in the certificate of marriage which is erroneous and making the correct entry therein.[30/96]
- —(1) Every marriage register and index kept by the Registrar under the provisions of this Act shall be open to inspection upon payment of the prescribed fee by any person applying to inspect the same.
- Every marriage register kept by the Registrar or a Deputy Registrar under the provisions of this Act and any copy of any entry therein certified under his hand and seal of office to be a true copy or extract shall be prima facie evidence in all courts and tribunals in Singapore of the dates and acts contained or set out in such marriage register, copy or extract.
- —(1) Upon the solemnization of marriage, the husband and the wife shall be mutually bound to co-operate with each other in safeguarding the interests of the union and in caring and providing for the children.
- —(1) Subject to subsection (2), the domicile of a married woman as at any time on or after 1st June 1981 shall, instead of being the same as her husband’s by virtue only of marriage, be ascertained by reference to the same factors as in the case of any other individual capable of having an independent domicile.
- —(1) The Minister may appoint such public officers as he thinks fit to be Conciliation Officers for the purposes of this Act and shall from time to time publish in the Gazette the names of the officers so appointed.
- —(1) A court before which —
- —(1) A court before which any proceedings under this Act (other than proceedings under section 104) are being heard may give consideration to the possibility of a harmonious resolution of the matter and for this purpose may, with the consent of the parties, refer the parties for mediation by such person as the parties may agree or, failing such agreement, as the court may appoint. [30/96]
- Subject to the provisions of this Act, a married woman shall —
- —(1) Subject to the provisions of this Act, all property which —
- Any money or other estate of the wife, lent or entrusted by her to her husband for the purpose of any trade or business carried on by him or otherwise, shall be treated as assets of her husband’s estate in the case of his bankruptcy under reservation of the wife’s claim to a dividend as a creditor for the amount or value of such money or other estate after, but not before all claims of the other creditors of the husband for valuable consideration in money or money’s worth have been satisfied.
- If any question arises as to the right of a husband or wife to money derived from any allowance made by the husband for the expenses of the matrimonial home or for similar purposes, or to any property acquired out of that money, the money or property shall, in the absence of any agreement between them to the contrary, be treated as belonging to the husband and the wife in equal shares.
- —(1) Nothing in this Part shall give validity, as against creditors of the husband, to any gift by a husband to his wife of any property which, after such gift, continues to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors.
- —(1) Every married woman shall have in her own name against all persons whomsoever, including her husband, the same civil remedies and also, subject as regards her husband to subsection (3), the same remedies and redress by way of criminal proceedings for the protection and security of her own property as if that property belonged to her as a feme sole.[9/67]
- —(1) A woman after her marriage shall continue to be liable for all debts contracted and all contracts entered into or wrongs committed by her before her marriage, including any sums for which she is liable as a contributory, either before or after she has been placed on the list of contributories under and by virtue of the Companies Act (Cap. 50).[9/67]
- —(1) Subject to this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.[9/67]
- —(1) In any question between husband and wife as to the title to or possession of property, either party may apply by summons or otherwise in a summary way to any Judge of the High Court, and the Judge may make such order with respect to the property in dispute and as to the costs of and consequent on the application as he thinks fit, or may direct the application to stand over, and any inquiry touching the matters in question to be made in such manner as he thinks fit.[16/93]
- A married woman who is an executrix or administratrix, alone or jointly with any other person or persons, of the estate of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sue or be sued, and may transfer or join in transferring any movable or immovable property belonging to the estate or trust without her husband as if she were a feme sole.
- —(1) Nothing in this Part shall interfere with or affect any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of any married woman, or shall interfere with or render inoperative any restriction against anticipation at present attached or to be hereafter attached to the enjoyment of any property or income by a woman under any settlement, agreement for a settlement, will or other instrument.
- For the purposes of this Part, the legal personal representative of any married woman shall, in respect of her estate, have the same rights and liabilities as she would have, and be subject to the same jurisdiction as she would be, if she were living.
- The provisions of this Part as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or an executrix or administratrix either before or after her marriage, and her husband shall not be subject to those liabilities unless he has acted or intermeddled in the trust or administration.
Source: Singapore Statutes Online
(Last update: 15/04/2011. Changes to legislation after 15/04/2011 will be updated on 15/5/2011.)
(brought to you by the Attorney-General’s Chambers and the Managing for Excellence Office, MOF)
PART I PRELIMINARY
1 Short title
2 Interpretation
3 Application
PART II MONOGAMOUS MARRIAGES
4 Disability to contract marriages
5 Void marriages
6 Offence
7 Continuance of marriage
PART III SOLEMNIZATION OF MARRIAGES
8 Persons by whom marriages may be solemnized
9 Avoidance of marriages where either party is under minimum age for marriage
10 Marriages within prohibited degrees
11 Avoidance of marriages by subsisting prior marriage
12 Avoidance of marriages between persons of same sex
13 Consents
14 Notice of marriage
15 Signature on notice by person unable to write or to understand English language
16 Notice to be filed and published
17 Registrar to issue marriage licence on proof of conditions by statutory declaration
18 Marriage to take place within 3 months
19 Caveat
20 Proceedings if caveat entered
21 Special marriage licence
22 Requirements for valid marriage
23 Solemnization of marriages
24 Religious ceremony
PART IV REGISTRATION
25 Registration of marriages
26 Appointment of Registrar, Assistant Registrars and Deputy Registrars
27 Books and registers
28 Registration of marriage solemnized by Registrar
29 Registration of marriage not solemnized by Registrar
30 Registration where parties have not appeared within prescribed time
31 Copy of entry to be given
32 Unlawful registers
33 Legal effect of registration
PART V PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO SOLEMNIZATION AND REGISTRATION OF MARRIAGES
34 Omission to appear before Deputy Registrar within prescribed time
35 Contravention of section 32
36 Interference with marriage
37 False oath, etc., for procuring marriage
38 False allegation in caveat
39 Unauthorised solemnization of marriage
40 Offences relating to solemnization of marriages
41 Destroying or falsifying register of marriages
42 Consent for prosecution
43 Correction of errors
44 Inspection and search
45 Proof
PART VI RIGHTS AND DUTIES OF HUSBAND AND WIFE
46 Rights and duties
47 Abolition of wife’s dependent domicile
48 Conciliation Officers
49 Duty of judge to consider possibility of reconciliation
50 Court may refer parties for mediation or to attend counselling
51 Capacity of married women
52 Property of woman to be held by her as feme sole
53 Loans by wife to husband
54 Money and property derived from housekeeping allowance
55 Gifts by husband to wife
56 Remedies of married woman for protection and security of property
57 Wife"s antenuptial debts and liabilities
58 Actions in tort between husband and wife
59 Questions between husband and wife as to property to be decided in summary way
60 Married woman as an executrix or trustee
61 Saving of existing settlements and power to make future settlements
62 Legal representative of married woman
63 Liability for breach of trust
PART VII PROTECTION OF FAMILY
64 Interpretation of this Part
65 Protection order
66 Expedited order
67 Supplementary provisions with respect to orders under sections 65 and 66
PART VIII MAINTENANCE OF WIFE AND CHILDREN
68 Duty of parents to maintain children
69 Court may order maintenance of wife and children
70 Duty to maintain child accepted as member of family
71 Enforcement of maintenance order
72 Rescission and variation of order
73 Power of court to vary agreement for maintenance of child
74 Application of section 121
75 Application of Act to orders made under repealed Minor Offences Ordinance, etc.
76 Power of District Court or Magistrate’s Court to refuse order where High Court proceedings more convenient
77 Appeal
78 Powers of High Court
79 Procedure
PART IX ENFORCEMENT OF MAINTENANCE ORDERS
80 Interpretation of this Part
81 Power of court to make attachment of earnings order
82 Nature of attachment of earnings order
83 Effect of attachment of earnings order
84 Duty of defendant and employer to comply with attachment of earnings order
85 Additional powers of court in attachment of earnings order proceedings
86 Obligation of defendant and employer to notify changes of employment and earnings
87 Power of court to determine what are earnings
88 Payment of money under attachment of earnings order
89 Earnings paid by Government or out of Consolidated Fund
90 Costs of proceedings
91 Penalties for non-compliance with attachment of earnings order and for giving false notice or statement
PART X CHAPTER 1 — DIVORCE
92 Interpretation of this Part
93 Jurisdiction of court in matrimonial proceedings
94 Restriction on filing of writ for divorce during first 3 years of marriage
95 Irretrievable breakdown of marriage to be sole ground for divorce
96 Rules to provide for agreements to be referred to court
97 Intervention of Attorney-General
98 Relief for defendant in divorce proceedings
99 Interim judgment and proceedings thereafter
100 Proceedings for interim judgment of presumption of death and divorce
PART X CHAPTER 2 — JUDICIAL SEPARATION
101 Judicial separation
102 Judicial separation no bar to writ for divorce
103 Judicially separated spouses not entitled to claim in intestacy of each other
PART X CHAPTER 3 — NULLITY OF MARRIAGE
104 Writ for nullity of marriage
105 Grounds on which marriage is void
106 Grounds on which marriage is voidable
107 Bars to relief where marriage is voidable
108 Marriage governed by foreign law
109 Application of sections 97 and 99 to nullity proceedings
110 Effect of judgment of nullity in case of voidable marriage
111 Legitimacy of children of annulled marriages
PART X CHAPTER 4 — FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS
112 Power of court to order division of matrimonial assets
113 Power of court to order maintenance
114 Assessment of maintenance
115 Power of court to order security for maintenance
116 Compounding of maintenance
117 Duration of orders for maintenance
118 Power of court to vary orders for maintenance
119 Power of court to vary agreements for maintenance
120 Maintenance payable under order of court to be inalienable
121 Recovery of arrears of maintenance
PART X CHAPTER 5 — WELFARE OF CHILDREN
122 Meaning of “child”
123 Arrangements for welfare of children
124 Custody of children
125 Paramount consideration to be welfare of child
126 Orders subject to conditions
127 Power of court to order maintenance for children
128 Power of court to vary order for custody
129 Power of court to vary agreement for custody
130 Court to have regard to advice of welfare officers, etc.
131 Power of court to restrain taking of child out of Singapore
132 Power of court to set aside and prevent dispositions intended to defeat claims to maintenance
PART X CHAPTER 6 — GENERAL PROVISIONS
133 Procedure
134 Evidence
135 Sittings in camera
136 Power to rescind interim judgment in certain cases
137 Appeals
138 Power to allow intervention on terms
139 Power to make rules
Source: Singapore Statutes Online
(Last update: 15/04/2011. Changes to legislation after 15/04/2011 will be updated on 15/5/2011.)
(brought to you by the Attorney-General’s Chambers and the Managing for Excellence Office, MOF)
PART
XI OFFENCES AGAINST WOMEN AND GIRLS
140 Offences relating to prostitution
141 Traffic in women and girls
142 Importation of woman or girl by false pretences
143 Permitting girl below the age of 16 to use premises for sexual penetration
144 Permitting mental defective to use premises for sexual penetration
145 Causing or encouraging prostitution of, sexual penetration with, or indecent assault on, girl below the age of 16
146 Persons living on or trading in prostitution
147 Suppression of places of assignation
148 Suppression of brothels
149 Notice to owner and occupier
150 Determination of tenancy of places on conviction for permitting use as brothel, etc.
151 Demolition of structural contrivances for facilitating the running of a place of assignation or of a brothel
152 Authority of courts to issue arrest and search warrants
153 Trials in camera in certain cases
154 Trial of offences
155 Detention pending judicial proceedings
156 Director may examine women and girls and person in charge of them
157 Inspection
158 Security on departure of woman or girl from Singapore
159 Woman or girl below the age of 21 trained or used for immoral purposes, etc.
160 Director may order detention of woman or girl in certain cases
161 Period of detention of woman or girl in place of safety
162 Marriage not to be contracted without consent of Director
163 Women and girls in urgent need of refuge
164 Transfer of women or girls from one place of safety to another place of safety within Singapore
165 Removal of women or girls to Malaysia, Brunei Darussalam or Hong Kong by order of Minister
166 Appeal
167 Women and girls may be received into and detained in Singapore
168 Women and girls so received to be subject to local law
169 Women and girls detained to be subject to rules
170 Director may cause persons to be photographed
171 Power to summon and examine persons in certain circumstances
172 Record of evidence
173 Power of search
174 Power of arrest and seizure
175 Presumption arising out of warrants
176 Appointment of officers
177 Minister may establish places of safety
178 Boards of Visitors
179 Discharge Committees
PART XII MISCELLANEOUS
180 Rules
181 Marriages solemnized before 15th September 1961 deemed to be registered under this Act
182 Voluntary registration of marriages solemnized under religion or custom
183 Recognition of marriages contracted in Embassies, etc., in Singapore
184 Validity of customary marriages contracted on or after 15th September
1961 and before 2nd June 1967
185 Saving for petitions presented before 1st June 1981
186 Savings for proceedings before 1st May 1997
FIRST SCHEDULE
KINDRED AND AFFINITY PROHIBITED DEGREES OF RELATIONSHIP
SECOND SCHEDULE
CONSENTS REQUIRED TO THE MARRIAGE OF A MINOR
LEGISLATION HISTORY
PART I
PRELIMINARY
Short title
Interpretation
“brothel” means any place occupied or used by any 2 or more women or girls whether at the same time or at different times for the purpose of prostitution;
“club” means any place which is used by an association of 2 or more persons for any purpose or object;
“Conciliation Officer” means a Conciliation Officer appointed under section 48;
“Deputy Registrar” means a Deputy Registrar of Marriages appointed under section 26;
“Director” means the Director of Social Welfare appointed under section 3(1) of the Children and Young Persons Act (Cap. 38) and includes any person who is authorised by him to perform any of the duties or exercise any of the powers of the Director under this Act;
“married woman” means a woman validly married under any law, religion, custom or usage;
“minor” means a person who is below the age of 21 years and who is not married or a widower or widow;
“occupier” of a place means the tenant, sub-tenant or lessee thereof or any person in charge of the place, whether or not he is in actual occupation and whether he has or does not have powers to let or sub-let;
“owner” of a place means a person who, for the time being, has power or authority to let, hire, sell or convey the place to another person, or who receives the rent of the place whether on his own account or as an agent or a trustee for any other person;
“place” means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;
“place of assignation” means any place where communication is established with any woman or girl, either directly or through an intermediary, for any immoral purpose;
“place of public resort” means any place to which the public for the time being has access;
“place of safety” means any place of safety established under section 177;
“prostitution” means the act of a female offering her body for sexual penetration for hire, whether in money or in kind;
“register of marriages” means the State Marriage Register kept under this Act;
“Registrar” means the Registrar of Marriages appointed under section 26 and includes an Assistant Registrar of Marriages;
“sexual penetration” means the penetration of the vagina, anus or mouth of a woman or girl by a man’s penis, or the sexual penetration of the vagina or anus of a woman or girl by a part of another person’s body (other than the penis) or by anything else;
“solemnization” , with its grammatical variations and cognate expressions, includes the contracting of a marriage or effecting a marriage in accordance with the law, religion, custom or usage of the parties or any of the parties thereto.
[9/67; 14/69;30/96;20/2001;51/2007]
Application
(2) Parts II to VI and Part X and sections 181 and 182 shall not apply to any person who is married under, or to any marriage solemnized or registered under, the provisions of the Muslim law or of any written law in Singapore or in Malaysia providing for the registration of Muslim marriages.[9/67]
(3) Notwithstanding subsection (2), sections 4, 5 and 6 shall apply to any person who contracts or purports to contract any such marriage during the subsistence of a marriage registered or deemed to be registered under the provisions of this Act or which was contracted under a law providing that or in contemplation of which the marriage is monogamous.[9/67]
(4) No marriage between persons who are Muslims shall be solemnized or registered under this Act.[9/67]
(5) For the purposes of this Act, a person who is a citizen of Singapore shall be deemed, until the contrary is proved, to be domiciled in Singapore.
PART II
MONOGAMOUS MARRIAGES
Disability to contract marriages
(2) Every person who on 15th September 1961 is lawfully married under any law, religion, custom or usage to one or more spouses and who subsequently ceases to be married to that spouse or all the spouses shall, if he thereafter marries again, be incapable during the continuance of that marriage of contracting a valid marriage with any other person under any law, religion, custom or usage. [9/67]
(3) Every person who on 15th September 1961 is unmarried and who after that date marries under any law, religion, custom or usage shall be incapable during the continuance of that marriage of contracting a valid marriage with any other person under any law, religion, custom or usage. [9/67]
(4) Nothing in this section shall affect the operation of Part III in relation to marriages solemnized in Singapore after 15th September 1961. [9/67]
Void marriages
(2) If any male person lawfully married under any law, religion, custom or usage shall, during the continuance of that marriage, contract a union with a woman, that woman shall have no right of succession or inheritance on the death intestate of such male person. [9/67]
(3) Nothing in this section shall affect the liability of any person to pay such maintenance as may be directed to be paid by him under any written law.
Offence
Continuance of marriage
(a) by the death of one of the parties;
(b) by order of a court of competent jurisdiction; or
(c) by a declaration made by a court of competent jurisdiction that the marriage is null and void. [9/67]
PART III
SOLEMNIZATION OF MARRIAGES
Persons by whom marriages may be solemnized
(2) The Minister may grant a licence to any suitable person to solemnize marriages in Singapore.
Avoidance of marriages where either party is under minimum age for marriage
[26/80]
Marriages within prohibited degrees
[9/67;26/80]
(2) Notwithstanding subsection (1) and the First Schedule, the Minister may, in his discretion, grant a licence under this section for a marriage to be solemnized, notwithstanding the kindred or affinity of the parties, if the Minister is satisfied that the marriage is valid under the law, religion, custom or usage which would have been applicable to the parties thereto if this Act had not been enacted.
[9/67;30/96]
(3) A marriage solemnized under such a licence shall be valid.
[9/67;30/96]
Avoidance of marriages by subsisting prior marriage
[26/80]
Avoidance of marriages between persons of same sex
[30/96]
(2) It is hereby declared that, subject to sections 5, 9, 10, 11 and 22, a marriage solemnized in Singapore or elsewhere between a person who has undergone a sex re-assignment procedure and any person of the opposite sex is and shall be deemed always to have been a valid marriage.
[30/96]
(3) For the purpose of this section —
(a) the sex of any party to a marriage as stated at the time of the marriage in his or her identity card issued under the National Registration Act (Cap. 201) shall be prima facie evidence of the sex of the party; and
(b) a person who has undergone a sex re-assignment procedure shall be identified as being of the sex to which the person has been re-assigned.
[30/96]
(4) Nothing in subsection (2) shall validate any such marriage which had been declared by the High Court before 1st May 1997 to be null and void on the ground that the parties were of the same sex.
[30/96]
Consents
[26/80]
(2) If the Registrar or, in the case of a proposed marriage by special marriage licence, the Minister is satisfied that the consent of any person whose consent is so required cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability —
(a) the necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required; and
(b) if the consent of no other person is required, the Registrar or the Minister may dispense with the necessity of obtaining any consent, or the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent cannot be so obtained.
[26/80]
(3) If any person whose consent is required refuses his consent, the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent is so refused.
(4) An application to the High Court under this section shall be made to a judge in chambers.
(5) When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent.
(6) Notwithstanding anything to the contrary in this Part, consent to the marriage of a minor shall not be necessary if the minor has been previously married.
(7) There shall be no appeal from an order of a judge under this section.
Notice of marriage
[9/67]
Signature on notice by person unable to write or to understand English language
Notice to be filed and published
[30/96]
(2) The Registrar shall also cause a computer print-out or summary of all notices filed during the day to be displayed in an electronic terminal in a conspicuous place in his office and shall keep the same so displayed until he issues a marriage licence under section 17, or until 3 months have elapsed.
[30/96]
Registrar to issue marriage licence on proof of conditions by statutory declaration
[26/80]
(2) The Registrar shall not issue a marriage licence until he has been satisfied by statutory declaration made by each of the parties to the proposed marriage —
(a) that one of the parties has been resident within Singapore for at least 15 days preceding the date of the notice;
(b) that —
(i) each of the parties is 21 years of age or above, or, if not, is divorced or is a widower or widow or has had his or her previous marriage declared null and void, as the case may be; or
(ii) if either party is a minor who has not been previously married — the consent of the appropriate person mentioned in the Second Schedule has been given in writing, or has been dispensed with, or the consent of the High Court has been given in accordance with section 13;
(c) that neither party is below the age of 18 years;
(d) that there is no lawful impediment to the marriage; and
(e) that neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted.
[9/67;26/80]
(3) If any party giving a notice of marriage or making a statutory declaration does not understand the English language, the Registrar shall, before issuing the marriage licence, ascertain whether that party is cognizant of the purport of the notice or declaration and, if not, shall interpret or cause to be interpreted the notice or declaration to that party into some language which he understands.
[26/80]
Marriage to take place within 3 months
PART III
SOLEMNIZATION OF MARRIAGES
Caveat
(2) A caveat entered under this section shall contain the name and place of residence of the person entering the caveat and the grounds of objection upon which the caveat is founded and shall be signed by the person entering the caveat.
Proceedings if caveat entered
(a) after examining into the matter of the said objection, the Registrar is satisfied that it ought not to obstruct the issue of the licence for the marriage; or
(b) the caveat is withdrawn by the person who entered it.[26/80]
(2) In cases of doubt, it shall be lawful for the Registrar to refer the matter of any caveat referred to in subsection (1) to the High Court which shall decide upon the same.
(3) Where the Registrar has refused to issue the marriage licence, the person applying for the same shall have a right of appeal to the High Court which shall thereupon either confirm the refusal or direct the issue of the marriage licence.[26/80]
(4) The High Court may examine the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.
(5) The proceedings under this section shall be before a judge in chambers.
(6) There shall be no appeal from a decision of a judge under this section.
(7) If the Registrar or the High Court declares the grounds of objection to be frivolous and such as ought not to obstruct the issue of the marriage licence, the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit by the party against whose marriage the caveat was entered. [26/80]
Special marriage licence
(2) The Minister may, in his discretion, grant a special marriage licence under this section authorising the solemnization of a marriage although any party to the marriage is below the age of 18 years. [26/80]
(3) If the marriage authorised by a special marriage licence under this section is not solemnized within one month from the date of the licence, the licence shall become void. [26/80]
(4) The Minister may delegate his powers under this section to any person, subject to such conditions as he may think fit to impose.
Requirements for valid marriage
(a) on the authority of a valid marriage licence issued by the Registrar or a valid special marriage licence granted by the Minister; and
(b) by the Registrar or a person who has been granted a licence to solemnize marriages. [26/80]
(2) Every marriage shall be solemnized in the presence of at least 2 credible witnesses.
(3) No marriage shall be solemnized unless the person solemnizing the marriage is satisfied that both the parties to the marriage freely consent to the marriage.
Solemnization of marriages
Religious ceremony
(2) Nothing in the reading or celebration of such service under subsection (1) shall be held to supersede or invalidate any marriage so previously contracted and solemnized, nor shall such reading or celebration be entered as a marriage in any register of marriages kept according to the provisions of this Act.
(3) Where a person is under expectation of death and desires to have a religious ceremony of marriage between himself and any person performed, it shall be lawful for the clergyman, minister or priest of the church or temple to which he belongs to read or celebrate the marriage service of that church or temple.
(4) The reading or celebration of such service under subsection (3) shall not be deemed to be a solemnization of marriage for the purposes of this Act and shall not be entered as a marriage in any register of marriages kept according to the provisions of this Act.
PART IV
REGISTRATION
Registration of marriages
Appointment of Registrar, Assistant Registrars and Deputy Registrars
(2) The Minister may appoint by name or office such number of Deputy Registrars as may be necessary for the purposes of this Act.
(3) The Minister may appoint by name or office such other officers as may be necessary for carrying this Part into effect.
(4) The Registrar and every Assistant Registrar and Deputy Registrar appointed under this section shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
Books and registers
(2) The Registrar shall cause all certificates of marriage issued under this Act to be bound together to form a State Marriage Register.
Registration of marriage solemnized by Registrar
(2) The entry of such marriage in the certificate of marriage shall —
(a) be signed by the Registrar solemnizing the marriage, and by the persons married; and
(b) be attested by 2 credible witnesses, other than the Registrar solemnizing the marriage, present at the solemnization.[30/96]
Registration of marriage not solemnized by Registrar
(a) appear before a Deputy Registrar within one month of the marriage;
(b) produce to the Deputy Registrar such evidence of the marriage either oral or documentary as the Deputy Registrar may require;
(c) furnish such particulars as may be required by the Deputy Registrar for the due registration of the marriage; and
(d) apply in the prescribed form for the registration of the marriage to be effected. [9/67]
(2) The Deputy Registrar shall register a marriage by entering the particulars thereof in a certificate of marriage. [30/96]
(3) The entry of the marriage in the certificate of marriage shall —
(a) be signed by the Deputy Registrar who made the entry and the parties to the marriage; and
(b) be attested by 2 credible witnesses present at the solemnization of the marriage. [30/96]
(4) The Deputy Registrar registering the marriage shall send the certificate of marriage within 3 days of the registration of the marriage to the Registrar. [14/69]
Registration where parties have not appeared within prescribed time
Copy of entry to be given
Unlawful registers
(a) keep any book being or purporting to be a register kept in accordance with the provisions of this Act; or
(b) issue to any person any document being or purporting to be a copy of a certificate of a marriage or a certificate of a marriage registered by the Registrar or a Deputy Registrar.
Legal effect of registration
PART V
PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO SOLEMNIZATION AND REGISTRATION OF MARRIAGES
Omission to appear before Deputy Registrar within prescribed time
(2) The Registrar may, in his discretion, compound any such offence by collecting from the person reasonably suspected of having committed the same a sum not exceeding $400.[26/80]
Contravention of section 32
Interference with marriage
(a) to compel a person to marry against his will; or
(b) to prevent a person who has attained the age of 21 years from contracting a valid marriage,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.
False oath, etc., for procuring marriage
False allegation in caveat
(2) Any person who enters a caveat against the issue of a marriage licence and pretends or falsely represents himself to be a person whose consent to the marriage is required by law knowing or believing such pretence or representation to be false or not believing it to be true shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.
Unauthorised solemnization of marriage
Offences relating to solemnization of marriages
(a) without first receiving a marriage licence or a special marriage licence;
(b) otherwise than in the presence of at least 2 credible witnesses other than the person solemnizing the marriage; or
(c) after the expiration of 3 months from the date of the notice of marriage given under section 14,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine not exceeding $5,000. [9/67;26/80]
(2) The Registrar or any Assistant Registrar who knowingly and contrary to this Act issues any marriage licence —
(a) without publishing the notice of marriage as required by section 16;
(b) when a caveat has been entered under section 19 without having first complied with section 20; or
(c) contrary to section 17,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine not exceeding $5,000.[26/80]
(3) Any person who marries or purports to marry or goes through a form of marriage with any person contrary to any of the provisions of Part III shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine not exceeding $5,000.[9/67]
Destroying or falsifying register of marriages
(a) wilfully destroys or causes damage to any register of marriages or any certificate in that register or any part thereof or any authenticated extract therefrom;
(b) falsely makes or counterfeits any part of such register or certificate; or
(c) wilfully inserts any false entry in any register or certificate or authenticated extract,
shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years and shall also be liable to a fine not exceeding $10,000.
Consent for prosecution
Correction of errors
(2) The Registrar or the Deputy Registrar shall sign and date the correction made in the certificate of marriage.[30/96]
(3) Every entry made under subsection (1) shall be attested by the witnesses in whose presence it was made.
Inspection and search
(2) The Registrar shall upon payment of the prescribed fee furnish to any person requiring the same a copy of any entry certified under his hand and seal of office.
Proof
PART VI
RIGHTS AND DUTIES OF HUSBAND AND WIFE
Rights and duties
(2) The husband and the wife shall have the right separately to engage in any trade or profession or in social activities.
(3) The wife shall have the right to use her own surname and name separately.
(4) The husband and the wife shall have equal rights in the running of the matrimonial household.
Abolition of wife’s dependent domicile
[26/80]
(2) Where immediately before 1st June 1981 a woman was married and then had her husband’s domicile by dependence, she is to be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin) unless it is changed by acquisition or revival of another domicile either on or after that date.
[26/80]
Conciliation Officers
(2) Where there are differences between the parties to a marriage, the parties or either of them may refer the differences to a Conciliation Officer for his advice and assistance.
(3) A Conciliation Officer may by notice in writing require any party to a marriage to attend before him at any reasonable time and at any convenient place for the purposes of settling differences between the parties to the marriage and such person shall be legally bound to attend as required and to answer any questions relating to those differences, truthfully and to the best of his ability. [26/80]
Duty of judge to consider possibility of reconciliation
(a) proceedings for divorce or judicial separation;
(b) proceedings, instituted by a party to a subsisting marriage, under section 59, 65, 66 or 69,
are being heard shall consider, from time to time, the possibility of a reconciliation of the parties. [30/96]
(2) If, during such proceedings, it appears to the judge from the nature of the case, the evidence in the proceedings or the attitude of the parties that there is a reasonable possibility of a reconciliation of the parties, the judge may do all or any of the following:
(a) adjourn the proceedings to give the parties the opportunity to consider a reconciliation or to enable anything to be done in accordance with paragraph (b) or (c);
(b) with the consent of the parties, interview them in chambers, with or without their solicitors, as the judge thinks proper, to assist in a possible reconciliation; and
(c) nominate a Conciliation Officer or some other suitable person or organisation to assist in considering a possible reconciliation. [30/96]
(3) If, not less than 14 days after an adjournment under subsection (2), either of the parties requests that the hearing be proceeded with, the judge shall resume the hearing, or arrangements shall be made for the proceedings to be dealt with by another judge, as the case requires, as soon as practicable. [30/96]
(4) Where a judge has acted as conciliator under subsection (2)(b) but the attempt to effect a reconciliation has failed, the judge shall not, except at the request of the parties to the proceedings, continue to hear the proceedings, or determine the proceedings, and, in the absence of such a request, arrangements shall be made for the proceedings to be dealt with by another judge. [30/96]
(5) Evidence of anything said, or of any admission made, in the course of an endeavour to effect a reconciliation under this section shall not be admissible in any court. [30/96]
Court may refer parties for mediation or to attend counselling
(2) A court before which any proceedings under this Act (other than proceedings under section 65 or 66) are being heard may, if it considers that it is in the interests of the parties or their children to do so, at any stage in the proceedings direct or advise either or both of the parties or their children to attend counselling provided by such person as the Minister may approve or as the court may direct. [30/96]
(3) Failure to comply with any direction or advice referred to in subsection (2) does not constitute a contempt of court. [30/96]
(4) Evidence of anything said, or of any admission made, in the course of any mediation or any counselling under this section shall not be admissible in any court. [30/96]
Capacity of married women
(a) be capable of acquiring, holding and disposing of, any property;
(b) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation;
(c) be capable of suing and being sued in her own name either in tort or in contract or otherwise and shall be entitled to all remedies and redress for all purposes; and
(d) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,
in all respects as if she were a feme sole.[9/67]
Property of woman to be held by her as feme sole
(a) immediately before 15th September 1961 was the property (including the separate property) of a married woman or held for her separate use in equity;
(b) belongs at the time of her marriage to a woman married after 15th September 1961; or
(c) after 15th September 1961 is acquired by or devolves upon a married woman,
shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly.
(2) Nothing in subsection (1) shall —
(a) be construed as affecting adversely the right of any married woman to any property which she had immediately before 15th September 1961; or
(b) interfere with or render inoperative any valid restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision contained in any written law in force immediately before 15th September 1961, or in any instrument executed before that date.
(3) Any instrument executed on or after 15th September 1961 shall, in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.
(4) For the purposes of this section relating to restrictions upon anticipation or alienation —
(a) an instrument attaching such a restriction as aforesaid, executed on or after 15th September 1961, in pursuance of an obligation imposed before that date to attach such a restriction, shall be deemed to have been executed before that date;
(b) a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and
(c) the will of any testator who dies after 15th September 1961, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after that date.
Loans by wife to husband
Money and property derived from housekeeping allowance
PART VI
RIGHTS AND DUTIES OF HUSBAND AND WIFE
Gifts by husband to wife
(2) Any money deposited or invested in the manner referred to in subsection (1) may be followed as if this Act had not been passed.
Remedies of married woman for protection and security of property
(2) In any charge or other proceeding under this section, it shall be sufficient to allege that property to be her property.
(3) No criminal proceedings shall be taken against a husband or wife while they are living together as to or concerning any property claimed by her or him respectively nor while they are living apart as to or concerning any act done by the husband or wife while they were living together concerning property claimed by the wife or husband respectively unless that property has been wrongly taken by the husband or wife when leaving or deserting or about to leave or desert the wife or husband respectively.[9/67]
(4) In any action or proceeding by a woman or by a next friend on her behalf, the court before which that action or proceeding is pending shall have jurisdiction by judgment or order to order payment of the costs of the opposite party out of property which is subject to a restraint on anticipation, and may enforce such payment by the appointment of a receiver and the sale of the property or otherwise as is just.
Wife"s antenuptial debts and liabilities
(2) A woman referred to in subsection (1) may be sued for any such debt and for any liability in damages or otherwise under any such contract or in respect of any such wrong.
Actions in tort between husband and wife
(2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears —
(a) that no substantial benefit would accrue to either party from the continuation of the proceedings; or
(b) that the question or questions in issue could more conveniently be disposed of on an application made under section 59.[9/67]
(3) Without prejudice to subsection (2)(b), the court may, in such an action, either exercise any power which could be exercised on an application under section 59, or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.[9/67]
Questions between husband and wife as to property to be decided in summary way
(2) Any order made under this section shall be subject to appeal in the same way as an order made by the same Judge in an action pending in the High Court.
(3) The Judge may, if either party so requires, hear any such application in his chambers.
(4) An application may be made under this section by either of the parties to a marriage notwithstanding that their marriage has been dissolved or annulled so long as the application is made within the period of 3 years beginning with the date on which the marriage was dissolved or annulled.
(5) References in this section to a husband or a wife shall be construed accordingly.[26/80]
Married woman as an executrix or trustee
Saving of existing settlements and power to make future settlements
(2) No restriction against anticipation contained in any settlement or agreement for a settlement of a woman"s own property, to be made or entered into by herself, shall have any validity against debts contracted by her before marriage, and no settlement or agreement for a settlement shall have any greater force or validity against creditors of that woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors.
Legal representative of married woman
[9/67]
Liability for breach of trust