- In this Part, unless the context otherwise requires —
- —(1) The court may, upon satisfaction on a balance of probabilities that family violence has been committed or is likely to be committed against a family member and that it is necessary for the protection of the family member, make a protection order restraining the person against whom the order is made from using family violence against the family member.[30/96]
- —(1) Where, upon an application for a protection order under section 65, the court is satisfied that there is imminent danger of family violence being committed against the applicant, the court may make the protection order notwithstanding —
- —(1) The court shall, on an application made by the applicant or the person against whom a protection order or an expedited order is made, have power by order to vary, suspend or revoke such order.[30/96]
- Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, and whether they are legitimate or illegitimate, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof.[30/96]
- —(1) Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a District Court or a Magistrate’s Court and that Court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance.[30/96]
- —(1) Where a person has accepted a child who is not his child as a member of his family, it shall be his duty to maintain that child while he remains a child, so far as the father or the mother of the child fails to do so, and the court may make such orders as may be necessary to ensure the welfare of the child. [26/80]
- —(1) If any person fails to make one or more payments required to be made under a maintenance order, the court which made the order may do all or any of the following:
- —(1) On the application of any person receiving or ordered to pay a monthly allowance under this Part and on proof of a change in the circumstances of that person, his wife or child, or for other good cause being shown to the satisfaction of the court, the court by which the order was made may rescind the order or may vary it as it thinks fit.
- The court may, at any time and from time to time, vary the terms of any agreement relating to the maintenance of a child, whether made before or after 1st June 1981, notwithstanding any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so.[30/96]
- Section 121 shall apply, with the necessary modifications, to any order for the payment of maintenance under this Part.[30/96]
- —(1) All orders made under section 37 of the repealed Minor Offences Ordinance (Cap. 24, 1936 Ed.) or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance (Cap. 44, 1955 Ed.) and in force on 15th September 1961 shall be deemed to have been made under this Part by a District Court or a Magistrate’s Court, as the case may be, and the provisions of this Part shall apply to the same accordingly.
- —(1) If in the opinion of the District Court or the Magistrate’s Court the matters in question between the parties or any of them would be more conveniently dealt with by the High Court, the District Court or the Magistrate’s Court may refuse to make an order and in that case there shall be no appeal from its decision.
- —(1) Subject to the provisions of this Part and Part VII, an appeal shall lie from any order or the refusal of any order by a District Court or a Magistrate’s Court under this Part and Part VII to the High Court exercising appellate civil jurisdiction under the provisions of the Supreme Court of Judicature Act (Cap. 322).[30/96]
- The High Court shall have the jurisdiction and powers which belong to and are exercisable by a District Court or a Magistrate’s Court under this Part.
- —(1) All applications to a District Court or a Magistrate’s Court under this Part and Part VII shall be made and heard in the same manner and in accordance with the same procedure as applications for summonses are made and heard by the District Court or the Magistrate’s Court under the provisions of the Criminal Procedure Code (Cap. 68) and an application under this Part and Part VII shall be deemed to be a complaint for the purposes of that Code.[30/96]
- In this Part, unless the context otherwise requires —
- —(1) A court may, when ordering the payment of maintenance under Part VIII or at any time thereafter, if the court considers just, make an attachment of earnings order to secure payment of the maintenance.
- —(1) An attachment of earnings order shall require the person to whom the order in question is directed, being a person appearing to the court to be the defendant’s employer, to make out of the earnings falling to be paid to the defendant payments in satisfaction of the order.
- —(1) When an attachment of earnings order is made, all other proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order shall be suspended.
- —(1) A person to whom an attachment of earnings order is directed shall, notwithstanding anything in any other written law but subject to the provisions of this Part, comply with the order or, if the order is subsequently varied under section 83, with the order as so varied.
- —(1) Where proceedings relating to an attachment of earnings order are brought in any court, the court may, either before or at the hearing —
- While an attachment of earnings order is in force —
- —(1) The court by which an attachment of earnings order has been made shall, on the application of the person to whom the order is directed or of the defendant or of the person in whose favour the order was made, determine whether payments to the defendant of a particular class or description specified by the application are earnings for the purposes of that order; and the person to whom the order is directed shall be entitled to give effect to any determination for the time being in force under this subsection.
- —(1) The court to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum to the person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order.
- —(1) In relation to earnings falling to be paid by the Government or out of the Consolidated Fund, the earnings shall be treated as falling to be paid by the chief officer for the time being of the department, office or other body concerned.
- A court before which proceedings relating to an attachment of earnings order are brought may make such order as to costs as it thinks fit.
- —(1) Any person who —
- In this Part, unless the context otherwise requires —
- —(1) Subject to subsection (2), the court shall have jurisdiction to hear proceedings for divorce, presumption of death and divorce, judicial separation or nullity of marriage only if either of the parties to the marriage is —
- —(1) No writ for divorce shall be filed in the court unless at the date of the filing of the writ 3 years have passed since the date of the marriage.
- —(1) Either party to a marriage may file a writ for divorce on the ground that the marriage has irretrievably broken down.
- Provision may be made by Rules of Court for enabling the parties to a marriage, or either of them, on application made either before or after the filing of the writ for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings for divorce which are contemplated or, as the case may be, have begun, and for enabling the court to express an opinion, should the court think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as the court thinks fit.[42/2005]
- —(1) In the case of any proceedings for divorce —
- If in any proceedings for divorce the defendant alleges and proves any such fact as is mentioned in section 95(3) (treating the defendant as the plaintiff and the plaintiff as the defendant for the purposes of that subsection), the court may give to the defendant the relief to which he would be entitled if he had filed a writ seeking that relief.[42/2005]
- —(1) Every judgment of divorce shall in the first instance be an interim judgment and shall not be made final before the expiration of 3 months from its grant unless the court by general or special order from time to time fixes a shorter period. [42/2005]
- —(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may file a writ to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make an interim judgment of presumption of death and of divorce.
- —(1) A writ for judicial separation may be filed in court by either party to a marriage on the ground and circumstances set out in section 95(3), and that section shall, with the necessary modifications, apply in relation to such a writ as it applies in relation to a writ for divorce.[42/2005]
- —(1) A person shall not be prevented from filing a writ for divorce, or the court from pronouncing a judgment of divorce, by reason only that the plaintiff or defendant has at any time been granted a judicial separation upon the same or substantially the same facts as those proved in support of the writ for divorce.[42/2005]
- If, while a judgment of judicial separation is in force and the separation is continuing, either of the parties whose marriage is the subject of the judgment dies intestate after 1st June 1981, all or any of his or her movable or immovable property shall devolve as if the other party to the marriage had been then dead.[42/2005]
- Any husband or wife may file a writ claiming for a judgment of nullity in respect of his or her marriage.[42/2005]
- A marriage which takes place after 1st June 1981 shall be void on the following grounds only:
- A marriage which takes place after 1st June 1981 shall be voidable on the following grounds only:
- —(1) The court shall not, in proceedings instituted after 1st June 1981, grant a judgment of nullity on the ground that a marriage is voidable (whether the marriage took place before or after that date) if the defendant satisfies the court that —
- Where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Singapore, nothing in section 105, 106 or 107 shall —
- Sections 97 and 99 shall apply in relation to proceedings for nullity of marriage as if for any reference in those sections to divorce there were substituted a reference to nullity of marriage.[42/2005]
- —(1) If the court finds that the plaintiff’s case has been proved, it shall grant a judgment of nullity.[42/2005]
- —(1) Where a marriage is annulled, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the judgment shall be deemed to be their legitimate child, notwithstanding the annulment.[42/2005]
- —(1) The court shall have power, when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, to order the division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset in such proportions as the court thinks just and equitable.[42/2005]
- The court may order a man to pay maintenance to his wife or former wife —
- —(1) In determining the amount of any maintenance to be paid by a man to his wife or former wife, the court shall have regard to all the circumstances of the case including the following matters:
- —(1) A maintenance order may provide for the payment of a lump sum or such periodical payment as the court may determine. [42/2005]
- An agreement for the payment, in money or other property, of a capital sum in settlement of all future claims to maintenance, shall not be effective until it has been approved, or approved subject to conditions, by the court, but when so approved shall be a good defence to any claim for maintenance. [42/2005]
PART VII
PROTECTION OF FAMILY
Interpretation of this Part
“applicant” means the person who applies for a protection order or, where the application is made by a person referred to in section 65(10), the child or incapacitated person on whose behalf the application is made;
“court” means a District Court or a Magistrate’s Court;
“expedited order” means an order made under section 66(1);
“family member” , in relation to a person, means —
(a) a spouse or former spouse of the person;
(b) a child of the person, including an adopted child and a step-child;
(c) a father or mother of the person;
(d) a father-in-law or mother-in-law of the person;
(e) a brother or sister of the person; or
(f) any other relative of the person or an incapacitated person who in the opinion of the court should, in the circumstances, in either case be regarded as a member of the family of the person;
“family violence” means the commission of any of the following acts:
(a) wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;
(b) causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
(c) wrongfully confining or restraining a family member against his will; or
(d) causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member,
but does not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years of age;
“hurt” means bodily pain, disease or infirmity;
“incapacitated person” means a person who is wholly or partially incapacitated or infirm, by reason of physical or mental disability or ill-health or old age;
“protected person” means a person who is protected under a protection order;
“protection order” means an order made under section 65;
“relative” includes a person who is related through marriage or adoption;
“shared residence” means the premises at which the parties are, or have been, living together as members of the same household.[30/96]
Protection order
(2) An application for a protection order may be made by the family member concerned or any person referred to in subsection (10).[30/96]
(3) A protection order may be made subject to such exceptions or conditions as may be specified in the order and for such term as may be specified.[30/96]
(4) The court, in making a protection order, may include a provision that the person against whom the order is made may not incite or assist any other person to commit family violence against the protected person.[30/96]
(5) A protection order may, where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, provide for such orders as the court thinks fit having regard to all the circumstances of the case, including any one or more of the following orders:
(a) the granting of the right of exclusive occupation to any protected person of the shared residence or a specified part of the shared residence by excluding the person against whom the order is made from the shared residence or specified part thereof, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;
(b) referring the person against whom the order is made or the protected person or both or their children to attend counselling provided by such body as the Minister may approve or as the court may direct; and
(c) the giving of any such direction as is necessary for and incidental to the proper carrying into effect of any order made under this section.[30/96]
(6) Except so far as the exercise by the person against whom a protection order is made of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (5), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the residence.[30/96]
(7) Where a person against whom a protection order or an expedited order has been made contravenes the order, the court may, in addition to any penalty provided for under subsection (8), make, as the case may be, any one or more of the orders under subsection (5), to commence from such date as is specified in such new order.[30/96]
(8) Any person who wilfully contravenes a protection order or an expedited order or an order made by virtue of subsection (5), except an order made by virtue of subsection (5)(b), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.[30/96]
(9) Any failure to comply with an order made by virtue of subsection (5)(b) shall be punishable as a contempt of court.[30/96]
(10) In the case of a child below the age of 21 years or an incapacitated person, an application under this section or section 66 may be made by a guardian or relative or person responsible for the care of the child or incapacitated person, as the case may be, or by any person appointed by the Minister.[30/96]
(11) An offence under subsection (8) shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).
[30/96]
Expedited order
(a) that the summons has not been served on the respondent or has not been served on the respondent within a reasonable time before the hearing of the application; or
(b) that the summons requires the respondent to appear at some time or place.[30/96]
(2) An expedited order shall not take effect until the date on which notice of the making of the order is served on the respondent in such manner as may be prescribed or, if the court has specified a later date as the date on which the order is to take effect, that later date, and an expedited order shall cease to have effect on whichever of the following dates occurs first:
(a) the date of the expiration of a period of 28 days beginning with the date of the making of the order; or
(b) the date of commencement of the hearing of the application for an order under this section.[30/96]
(3) Notwithstanding subsection (2), the court may extend the duration of the expedited order.[30/96]
Supplementary provisions with respect to orders under sections 65 and 66
(2) Rules of Court may be made for the purpose of giving effect to sections 65 and 66 and any such Rules may, in particular, make provision for the hearing without delay of any application for an order under section 65(5)(a).
[30/96]
(3) The expiry by virtue of section 66(2) of an expedited order shall not prejudice the making of a further expedited order under that section.
[30/96]
PART VIII
MAINTENANCE OF WIFE AND CHILDREN
Duty of parents to maintain children
Court may order maintenance of wife and children
(2) A District Court or a Magistrate’s 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]
(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 or 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 or child;
(b) the income, earning capacity (if any), property and other financial resources of the wife or child;
(c) any physical or mental disability of the wife or child;
(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 by the wife or child before the husband or parent, as the case may be, neglected or refused to provide reasonable maintenance for the wife or child;
(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]
(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]
Duty to maintain child accepted as member of family
(2) The duty imposed by subsection (1) shall cease if the child is taken away by his father or mother.[26/80]
(3) Any sums expended by a person maintaining that child shall be recoverable as a debt from the father or mother of the child.[26/80]
(4) An application for an order under subsection (1) 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, 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]
(5) Subsections (4) to (9) of section 69 shall apply, with the necessary modifications, to the making of an order under this section.[30/96]
Enforcement of maintenance order
(a) for every breach of the order by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court;
(b) sentence him to imprisonment for a term not exceeding one month for each month"s allowance remaining unpaid; and
(c) make a garnishee order in accordance with the rules made under this Act.[30/96]
(2) A sentence of imprisonment ordered under subsection (1)(b) shall not affect or diminish the obligation of the person against whom the maintenance order is made to make the payment or payments under the maintenance order which he has failed to make, except that the court may, if it thinks fit, reduce the amount of any such payments.[30/96]
(3) A maintenance order made by the High Court may be enforced by a District Court in accordance with subsection (1) as if that order had been made by the District Court, except that a District Court shall have no power to vary an order of the High Court.[26/80]
Rescission and variation of order
(2) Without prejudice to the extent of the discretion conferred upon the court by subsection (1), the court may, in considering any application made under this section, take into consideration any change in the general cost of living which may have occurred between the date of the making of the order sought to be varied and the date of the hearing of the application.
Power of court to vary agreement for maintenance of child
Application of section 121
Application of Act to orders made under repealed Minor Offences Ordinance, etc.
(2) Upon an application to vary any order made under section 37 of the repealed Minor Offences Ordinance (Cap. 24, 1936 Ed.) or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance (Cap. 44, 1955 Ed.), the court may make under section 72 any order which it could have made upon an application under section 69 or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance.
PART VIII
MAINTENANCE OF WIFE AND CHILDREN
Power of District Court or Magistrate’s Court to refuse order where High Court proceedings more convenient
(2) The High Court or a Judge thereof shall have power, by order in any proceedings in the High Court relating to or comprising the same subject-matter as the application refused or any part thereof under subsection (1), to direct the District Court or the Magistrate"s Court to rehear or determine the same.
Appeal
(2) All appeals brought under this section shall be by way of rehearing and the High Court shall have the like powers and jurisdiction on the hearing of such appeals as the Court of Appeal has on the hearing of appeals from the High Court under the Supreme Court of Judicature Act.[26/80]
(3) No appeal made under the provisions of this Part and Part VII from any order shall operate as a stay of such order unless the High Court or the District Court or the Magistrate’s Court so directs.[26/80;30/96]
Powers of High Court
Procedure
(2) The Rules of Court for the time being in force made under the provisions of the Supreme Court of Judicature Act (Cap. 322) and applicable to appeals from District Courts brought under section 21 of that Act shall apply to all appeals brought under section 77.
(3) Where an appeal is so brought from a Magistrate’s Court, the Rules of Court shall be construed and applied as far as necessary as if references to a District Court were references to a Magistrate’s Court and references to a District Judge were references to a Magistrate.
(4) A court before which any application under this Part or Part VII is heard may make such order as to costs as it thinks fit. [30/96]
PART IX
ENFORCEMENT OF MAINTENANCE ORDERS
Interpretation of this Part
“court” includes the Syariah Court constituted under the provisions of the Administration of Muslim Law Act (Cap. 3);
“defendant” , in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;
“earnings” , in relation to a defendant, means any sums payable to him —
(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service;
(b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment;
(c) if the defendant is a self-employed person, by way of payments received from self-employment;
“employer” means a person by whom, as a principal and not as an employee or agent, earnings fall to be paid to a defendant, and references to payment of earnings shall be construed accordingly;
“maintenance order” means —
(a) an order for the payment of a monthly allowance made or deemed to be made by a court under Part VIII;
(b) an order for the payment of periodical sums by way of maintenance or alimony to a wife or for the benefit of any child under Part X;
(c) an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act (Cap. 3);
(d) an order for maintenance made under the Maintenance of Parents Act (Cap. 167B); and
(e) a maintenance order registered or confirmed by the court under the Maintenance Orders (Facilities for Enforcement) Act (Cap. 168)1.
[14/69;30/96]
1This Act, which was formerly known as the Reciprocal Enforcement of Maintenance Orders Act (Cap. 26, 1970 Ed.), will be repealed upon the commencement of section 19 (1) of the Maintenance Orders (Reciprocal Enforcement) Act (Cap. 169).
Power of court to make attachment of earnings order
[30/96]
(2) A District Court may make an attachment of earnings order to secure payments the defendant is required to make under a maintenance order made by the High Court.
[26/80]
Nature of attachment of earnings order
(2) The amount to be prescribed in an attachment of earnings order shall be such sum as to the court seems reasonable after taking into account the resources and needs of the defendant and the needs of persons for whom he must or reasonably should provide.
(3) An attachment of earnings order shall contain, so far as they are known to the court making the order, such particulars as may be prescribed for the purpose of enabling the defendant to be identified by the person to whom the order is directed.
(4) An attachment of earnings order or any variation thereof shall not come into force until the expiration of 7 days from the date when a copy of the order is served on the person to whom the order is directed.
(5) An attachment of earnings order shall designate the officer to whom the payments under the order are to be made.
Effect of attachment of earnings order
(2) The court by which an attachment of earnings order has been made may, if it thinks fit, on the application of the defendant or a person entitled to receive payments under the related maintenance order, make an order discharging or varying the attachment of earnings order.
(3) An attachment of earnings order shall cease to have effect —
(a) upon the issue of a warrant directing that the amount due under the related maintenance order shall be levied in the manner provided by law for levying fines;
(b) upon the making of an order sentencing the defendant to imprisonment for failure to comply with the related maintenance order;
(c) upon the making of a garnishee order under section 71(1)(c); and
(d) upon the rescission of the related maintenance order.[30/96]
(4) Where an attachment of earnings order ceases to have effect under subsection (3), the court making the order shall give notice of the cessation to the person to whom the order was directed.
Duty of defendant and employer to comply with attachment of earnings order
(2) Where, on any occasion on which earnings fall to be paid to a defendant, there are in force 2 or more attachment of earnings orders relating to those earnings, then, for the purpose of complying with this Part, the employer shall —
(a) deal with those orders according to the respective dates on which they came into force disregarding any later order until all earlier orders have been dealt with; and
(b) deal with any later order as if the earnings to which it relates were the residue of the defendant’s earnings after the making of any payment under this Part in pursuance of any earlier order.
(3) An employer who, in pursuance of an attachment of earnings order, makes a payment under this Part shall give to the defendant a statement in writing specifying the amount of that payment.
(4) A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on him, has on no occasion during the period of one month immediately preceding that time been the defendant’s employer shall forthwith give notice in writing to that effect in the prescribed form to the court which made the order.
PART IX
ENFORCEMENT OF MAINTENANCE ORDERS
Additional powers of court in attachment of earnings order proceedings
(a) order the defendant to give to the court, within such period as may be specified by the order, a statement signed by him of —
(i) the name and address of his employer, or of each of his employers if he has more than one;
(ii) such particulars as to the defendant’s earnings as may be so specified; and
(iii) such prescribed particulars as may be so specified for the purpose of enabling the defendant to be identified by any employer of his; and
(b) order any person appearing to the court to be an employer of the defendant to give to the court, within such period as may be specified by the order, a statement signed by him or on his behalf of such particulars as may be specified by the order of all earnings of the defendant which fell to be paid by that person during such period as may be so specified.
(2) A document purporting to be such a statement as is mentioned in subsection (1) shall, in any such proceedings as are so mentioned, be received in evidence and be deemed to be such a statement without further proof unless the contrary is shown.
Obligation of defendant and employer to notify changes of employment and earnings
(a) the defendant shall from time to time notify in writing the court which made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than 7 days from the date on which he did so;
(b) the defendant shall, on any occasion when he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and anticipated earnings from the relevant employment; and
(c) any person who becomes the defendant’s employer and knows that the order is in force and by what court it was made shall, within 7 days of his becoming the defendant’s employer or of acquiring that knowledge (whichever is the later), notify that court in writing that he is the defendant’s employer, and include in his notification a statement of the defendant’s earnings and anticipated earnings.[26/80]
Power of court to determine what are earnings
(2) A person to whom an attachment of earnings order is directed who makes an application under subsection (1) shall not incur any liability for failing to comply with the order as regards any payments of the class or description specified by the application which are made by him to the defendant while the application, or any appeal in consequence thereof, is pending.
(3) Subsection (2) shall not apply as regards such payments if that person subsequently withdraws the application or, as the case may be, abandons the appeal.
Payment of money under attachment of earnings order
(2) Any sums received by virtue of an attachment of earnings order by the court shall be deemed to be payments made by the defendant, so as to discharge first any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date) and secondly any costs incurred in proceedings relating to the maintenance order which were payable by the defendant when the attachment of earnings order was made or last varied.
Earnings paid by Government or out of Consolidated Fund
(2) If any question arises, in connection with any proceedings relating to an attachment of earnings order, as to what department, office or other body is concerned for the purposes of this section, or as to who for those purposes is the chief officer thereof, that question shall be referred to and determined by the Minister for Finance but that Minister shall not be under any obligation to consider a reference under this subsection unless it is made by a court.
(3) A document purporting to set out a determination of the Minister for Finance under subsection (2) and to be signed by an official of the Ministry of Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and deemed to contain an accurate statement of such a determination unless the contrary is shown.
Costs of proceedings
[30/96]
Penalties for non-compliance with attachment of earnings order and for giving false notice or statement
(a) fails to comply with section 84(1) or (4) or section 86, or an order of a court under section 85(1);
(b) gives such a notice as is mentioned in section 84(4) or a statement in pursuance of an order of a court under section 85(1), which notice or statement he knows to be false in a material particular; or
(c) recklessly gives such a notice or statement which is false in a material particular,
shall, subject to subsection (2), be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.[30/96]
(2) It shall be a defence for a person charged with failing to comply with section 84(1) to prove that he took all reasonable steps to comply with the attachment of earnings order to which the failure relates.
PART X
CHAPTER 1 — DIVORCE
Interpretation of this Part
“child of the marriage” means any child of the husband and wife, and includes any adopted child and any other child (whether or not a child of the husband or of the wife) who was a member of the family of the husband and wife at the time when they ceased to live together or at the time immediately preceding the institution of the proceedings, whichever first occurred; and for the purposes of this definition, the parties to a purported marriage that is void shall be deemed to be husband and wife;
“court” means the High Court or a Judge thereof;
“desertion” implies an abandonment against the wish of the person charging it;
“judgment of judicial separation” includes a decree of judicial separation granted in proceedings for judicial separation commenced before 1st April 2006;
“writ” means a writ of summons for divorce, presumption of death and divorce, judicial separation, nullity of marriage or rescission of a judgment of judicial separation, as the case may be.[42/2005]
Jurisdiction of court in matrimonial proceedings
(a) domiciled in Singapore at the time of the commencement of the proceedings; or
(b) habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.[42/2005]
(2) In proceedings for nullity of marriage on the ground that the marriage is void or voidable, the court may, notwithstanding that the requirements in subsection (1) are not fulfilled, grant the relief sought where both parties to the marriage reside in Singapore at the time of the commencement of the proceedings.[42/2005]
(3) For the purposes of proceedings for nullity of marriage, “marriage” includes a marriage which is not valid by virtue of any of the provisions of this Act.[42/2005]
Restriction on filing of writ for divorce during first 3 years of marriage
[42/2005]
(2) The court may, upon application being made in accordance with the Rules of Court, allow a writ to be filed before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the plaintiff or of exceptional depravity on the part of the defendant, but if it appears to the court at the hearing of the proceedings that the plaintiff obtained leave to file the writ by any misrepresentation or concealment of the nature of the case, the court may, if it grants an interim judgment, do so subject to the condition that no application to make the judgment final shall be made until after the expiration of 3 years from the date of the marriage, or may dismiss the proceedings without prejudice to any proceedings which may be brought after the expiration of the said 3 years upon the same, or substantially the same, facts as those proved in support of the proceedings so dismissed.
[42/2005]
(3) In determining any application under this section for leave to file a writ before the expiration of 3 years from the date of the marriage, the court shall have regard to the interest of any child of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said 3 years.
[42/2005]
(4) The court may, before determining an application under this section, refer the differences between the parties to a Conciliation Officer so that a reconciliation between the parties might be effected.
[42/2005]
(5) Nothing in this section shall be deemed to prohibit the filing of a writ based upon matters which have occurred before the expiration of 3 years from the date of the marriage.
[42/2005]
Irretrievable breakdown of marriage to be sole ground for divorce
[42/2005]
(2) The court hearing such proceedings shall, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage and, if satisfied that the circumstances make it just and reasonable to do so, grant a judgment for its dissolution.[42/2005]
(3) The court hearing any proceedings for divorce shall not hold the marriage to have broken down irretrievably unless the plaintiff satisfies the court of one or more of the following facts:
(a) that the defendant has committed adultery and the plaintiff finds it intolerable to live with the defendant;
(b) that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant;
(c) that the defendant has deserted the plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ;
(d) that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the defendant consents to a judgment being granted;
(e) that the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ.[42/2005]
(4) In considering whether it would be just and reasonable to grant a judgment, the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved, and it may make an interim judgment subject to such terms and conditions as the court may think fit to attach; but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage, the court shall dismiss the proceedings.[42/2005]
(5) Where the parties to the marriage have lived with each other for any period or periods after it became known to the plaintiff that the defendant had, since the celebration of the marriage, committed adultery, then —
(a) if the length of that period or of those periods together was 6 months or less, their living with each other during that period or those periods shall be disregarded in determining for the purposes of subsection (3)(a) whether the plaintiff finds it intolerable to live with the defendant; but
(b) if the length of that period or of those periods together exceeded 6 months, the plaintiff shall not be entitled to rely on that adultery for the purposes of subsection (3)(a).[42/2005]
(6) Where the plaintiff alleges that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the plaintiff and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of subsection (3)(b) whether the plaintiff cannot reasonably be expected to live with the defendant if the length of that period or of those periods together was 6 months or less.[42/2005]
(7) In considering for the purposes of subsection (3) whether the period for which the defendant has deserted the plaintiff or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding 6 months) or of any 2 or more periods (not exceeding 6 months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be.[42/2005]
(8) References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.[42/2005]
Rules to provide for agreements to be referred to court
PART X
CHAPTER 1 — DIVORCE
Intervention of Attorney-General
(a) the court may, if it thinks fit, direct all necessary papers to be sent to the Attorney-General and he may argue before the court any question in relation to the matter which the court considers it necessary or expedient to be fully argued; and
(b) any person may, at any time during the progress of the proceedings or before the interim judgment is made final, give information to the Attorney-General on any matter material to the due decision of the case, and the Attorney-General may thereupon take such steps as he considers necessary or expedient.[42/2005]
(2) If the Attorney-General intervenes or shows cause against an interim judgment in any proceedings for divorce, the court may order one or more of the parties to the proceedings to pay the costs of the Attorney-General.
[42/2005]
Relief for defendant in divorce proceedings
Interim judgment and proceedings thereafter
(2) Where a judgment of divorce has been granted but not made final, then without prejudice to section 97, any person may show cause why the judgment should not be made final by reason of the material facts not having been brought before the court, and in such a case the court may —
(a) notwithstanding subsection (1), make the judgment final;
(b) rescind the interim judgment;
(c) require further inquiry; or
(d) otherwise deal with the case as it thinks fit. [42/2005]
(3) Where an interim judgment of divorce has been granted and no application for it to be made final has been made by the party to whom it was granted, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court and on that application the court may —
(a) notwithstanding subsection (1), make the judgment final;
(b) rescind the interim judgment;
(c) require further inquiry; or
(d) otherwise deal with the case as it thinks fit.
Proceedings for interim judgment of presumption of death and divorce
[42/2005]
(2) In any such proceedings, the fact that for a period of 7 years or more the other party to the marriage has been continually absent from the plaintiff, and the plaintiff has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved.
[42/2005]
(3) Section 99 shall apply to a writ and a judgment under this section as it applies to a writ for divorce and a judgment of divorce, respectively.
[42/2005]
PART X
CHAPTER 2 — JUDICIAL SEPARATION
Judicial separation
(2) Where a court grants a judgment of judicial separation, it shall no longer be obligatory for the plaintiff to cohabit with the defendant.[42/2005]
(3) The court may, on an application by writ of the spouse against whom a judgment of judicial separation has been made and on being satisfied that the allegations in the writ are true, rescind the judgment at any time on the ground that it was obtained in the absence of the plaintiff or, if desertion was the ground of the judgment, that there was reasonable cause for the alleged desertion.[42/2005]
Judicial separation no bar to writ for divorce
(2) On any such writ for divorce, the court may treat the judgment of judicial separation as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court shall not grant a judgment of divorce without receiving evidence from the plaintiff.[42/2005]
(3) For the purposes of any such writ for divorce, a period of desertion immediately preceding the institution of proceedings for a judgment of judicial separation shall, if the parties have not resumed cohabitation and the judgment has been continuously in force since it was granted, be deemed immediately to precede the filing of the writ for divorce.[42/2005]
Judicially separated spouses not entitled to claim in intestacy of each other
PART X
CHAPTER 3 — NULLITY OF MARRIAGE
Writ for nullity of marriage
Grounds on which marriage is void
(a) that it is not a valid marriage by virtue of sections 3(4), 5, 9, 10, 11, 12 and 22; or
(b) where the marriage was celebrated outside Singapore, that the marriage is invalid —
(i) for lack of capacity; or
(ii) by the law of the place in which it was celebrated.[42/2005]
Grounds on which marriage is voidable
(a) that the marriage has not been consummated owing to the incapacity of either party to consummate it;
(b) that the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it;
(c) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;
(d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Disorders and Treatment Act (Cap. 178) of such a kind or to such an extent as to be unfit for marriage;
(e) that at the time of the marriage the defendant was suffering from venereal disease in a communicable form;
(f) that at the time of the marriage the defendant was pregnant by some person other than the plaintiff.[42/2005]
Bars to relief where marriage is voidable
(a) the plaintiff, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the defendant as to lead the defendant reasonably to believe that he would not seek to do so; and
(b) it would be unjust to the defendant to grant the judgment.[42/2005]
(2) Without prejudice to subsection (1), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(c), (d), (e) or (f) unless it is satisfied that proceedings were instituted within 3 years from the date of the marriage.[42/2005]
(3) Without prejudice to subsections (1) and (2), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(e) or (f) unless it is satisfied that the plaintiff was, at the time of the marriage, ignorant of the facts alleged.[42/2005]
(4) Subsection (1) replaces, in relation to the grounds mentioned in section 106, any rule of law whereby a judgment may be refused by reason of approbation, ratification or lack of sincerity on the part of the plaintiff or on similar grounds.[42/2005]
Marriage governed by foreign law
(a) preclude the determination of the matter as aforesaid; or
(b) require the application to the marriage of the grounds or bars to relief mentioned in those sections except so far as are applicable in accordance with those rules.[42/2005]
Application of sections 97 and 99 to nullity proceedings
Effect of judgment of nullity in case of voidable marriage
(2) A judgment of nullity granted after 1st June 1981 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the judgment has been made final, and the marriage shall, notwithstanding the judgment, be treated as if it had existed up to that time.
[42/2005]
Legitimacy of children of annulled marriages
(2) The child of a void marriage born on or after 2nd May 1975 shall be deemed to be the legitimate child of his parents if, at the date of such void marriage, both or either of the parties reasonably believed that the marriage was valid.[42/2005]
PART X
CHAPTER 4 — FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS
Power of court to order division of matrimonial assets
(2) It shall be the duty of the court in deciding whether to exercise its powers under subsection (1) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:
(a) the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets;
(b) any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage;
(c) the needs of the children (if any) of the marriage;
(d) the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;
(e) any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce;
(f) any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party;
(g) the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; and
(h) the matters referred to in section 114(1) so far as they are relevant. [42/2005]
(3) The court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section.[42/2005]
(4) The court may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made. [42/2005]
(5) In particular, but without limiting the generality of subsections (3) and (4), the court may make any one or more of the following orders:
(a) an order for the sale of any matrimonial asset or any part thereof, and for the division, vesting or settlement of the proceeds;
(b) an order vesting any matrimonial asset owned by both parties jointly in both the parties in common in such shares as the court considers just and equitable;
(c) an order vesting any matrimonial asset or any part thereof in either party;
(d) an order for any matrimonial asset, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order;
(e) an order postponing the sale or vesting of any share in any matrimonial asset, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order;
(f) an order granting to either party, for such period and on such terms as the court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; and
(g) an order for the payment of a sum of money by one party to the other party. [42/2005]
(6) Where under any order made under this section one party is or may become liable to pay to the other party a sum of money, the court may direct that it shall be paid either in one sum or in instalments, and either with or without security, and otherwise in such manner and subject to such conditions (including a condition requiring the payment of interest) as the court thinks fit. [42/2005]
(7) Where, pursuant to this section, the court makes an order for the sale of any matrimonial asset and for the division, application or settlement of the proceeds, the court may appoint a person to sell the asset and divide, apply or settle the proceeds accordingly; and the execution of any instrument by the person so appointed shall have the same force and validity as if it had been executed by the person in whom the asset is vested. [42/2005]
(8) Any order under this section may be made upon such terms and subject to such conditions (if any) as the court thinks fit. [42/2005]
(9) Where the court, by any order under this section, appoints a person (including the Registrar or other officer of the court) to act as a trustee or to sell any matrimonial asset and to divide, apply and settle the proceeds thereof, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of his costs and expenses. [42/2005]
(10) In this section, “matrimonial asset” means —
(a) any asset acquired before the marriage by one party or both parties to the marriage —
(i) ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or
(ii) which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
(b) any other asset of any nature acquired during the marriage by one party or both parties to the marriage,
but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage. [42/2005]
Power of court to order maintenance
(a) during the course of any matrimonial proceedings; or
(b) when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage. [42/2005]
Assessment of maintenance
(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c) the standard of living enjoyed by the family before the breakdown of the marriage;
(d) the age of each party to the marriage and the duration of the marriage;
(e) any physical or mental disability of either of the parties to the marriage;
(f) 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; and
(g) in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.[42/2005]
(2) In exercising its powers under this section, the court shall endeavour so to place the parties, so far as it is practicable and, having regard to their conduct, just to do so, in the financial position in which they would have been if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards the other.[42/2005]
Power of court to order security for maintenance
(2) The court may, in its discretion, when awarding maintenance, order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property in trustees upon trust to pay the maintenance or part thereof out of the income from that property and, subject thereto, in trust for the settlor. [42/2005]
Compounding of maintenance