Singapore Statutes Online - 353 - Women’s Charter

Women’s Charter
(CHAPTER 353)

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

17A Marriage preparation programme

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

71A Bankerʼs guarantee

71B Financial counselling

71C Community service orders

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

79A Service of summons

Part IX ENFORCEMENT OF MAINTENANCE ORDERS

80 Interpretation of this Part

81 Power of court to make attachment of earnings order

81A Service of 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

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

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

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

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

Chapter 4A — Financial relief consequential on foreign matrimonial proceedings

121A Interpretation and application of this Chapter

121B Applications for financial relief after overseas divorce, etc.

121C Jurisdiction of court

121D Leave of court required for applications for financial relief

121E Interim orders for financial provision

121F Duty of court to consider whether Singapore is appropriate forum for application

121G Orders for financial relief

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

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

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

Legislative History

REVISED EDITION 2008

(30th November 2008)

An Act to provide for monogamous marriages and for the solemnization and registration of such marriages; to amend and consolidate the law relating to divorce, the rights and duties of married persons, the protection of family, the maintenance of wives and children and the punishment of offences against women and girls; and to provide for matters incidental thereto.