Clause 1
This Act is the Women’s Charter (Amendment) Act 2022 and comes into operation on a date that the Minister appoints by notification in the Gazette.
/akn/sg/act/bill/2021/43
Women’s Charter (Amendment) Bill
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Clause 2
Section 2(1) of the Women’s Charter is amended
(a)
by deleting the definition of “Conciliation Officer” and substituting the following definition:“ “conciliation officer” means a conciliation officer appointed under section 139C(1);”;
(b)
by deleting the words “sections 13, 17, 20 and 59” in paragraph (a) of the definition of “court” and substituting the words “sections 20, 21A and 56”;
(c)
by deleting the definition of “Deputy Registrar”;
(d)
by inserting, immediately after the definition of “incapacitated husband”, the following definitions:“ “licensed solemniser” means a person licensed under section 22(2) to solemnise marriages;“marriage licence” means a marriage licence issued by the Registrar under section 17;”;
(e)
by deleting the definition of “minor” and substituting the following definition:“ “notice of marriage” means a notice of marriage under section 14;”;
(f)
by inserting, immediately after the definition of “owner”, the following definition:“ “permanent resident of Singapore” means a person who holds an entry permit under section 10 of the Immigration Act 1959 or a re‑entry permit under section 11 of that Act;”;
(g)
by inserting, immediately after the definition of “prostitution”, the following definition:“ “record”, in relation to the State Marriage Register, includes
(a)
a certificate of marriage created under section 30(2)(a); and(b)a certificate of marriage contained in the State Marriage Register before the date of commencement of section 19 of the Women’s Charter (Amendment) Act 2022;”; and(h)by inserting, immediately after the definition of “solemnisation”, the following definition:“ “special marriage licence” means a special marriage licence granted by the Minister under section 21;”.
Clause 3
Subclause
“(1A) It is declared that section 52 applies for the purposes of determining a woman’s domicile for the purposes of subsection (1).”; and
Clause 4
The Women’s Charter is amended by inserting, immediately after section 3 in Part 1, the following section:“Reckoning of age3A. In reckoning the age of a person for the purposes of this Act
(a)
the person is taken to have attained a particular age expressed in years on the corresponding anniversary of his or her birth (ignoring any fraction of a day);
(b)
a reference to the anniversary of the person’s birth in paragraph (a) is a reference to the day on which the anniversary occurs; and(c)if the person was born on 29 February in any year, then, in any subsequent year that is not a leap year, the anniversary of his or her birth is taken to be 28 February in that subsequent year.IllustrationA person (N) is born on 21 July 2021. N is taken to attain 18 years of age on the first moment of 21 July 2039 (regardless of the time of the day at which N is born).”.
Clause 5
Definition
“maintenance order” means
(a)
an order for the payment of a monthly allowance made or deemed to be made by a court under Part 8;
(b)
an order for the payment of periodical sums by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;
(c)
an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
Definition
“marriage preparation programme” means a marriage preparation programme prescribed under section 21B(b). Division 2 — Validity of marriages”.
Clause 8
Definition
“maintenance order” means
(a)
an order for the payment of a monthly allowance made or deemed to be made by a court under Part 8;
(b)
an order for the payment of periodical sums by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;
(c)
an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
Definition
“marriage preparation programme” means a marriage preparation programme prescribed under section 21B(b). Division 2 — Validity of marriages”.
Clause 6
Section 9 of the Women’s Charter is amended
(a)
by deleting the words “granted by the Minister under section 21”; and(b)by deleting the words “under minimum age for marriage” in the section heading and substituting the words “below 18”.
Clause 7
Section 10 of the Women’s Charter is amended by deleting the word “Marriages” in the section heading and substituting the words “Avoidance of marriages”.
Clause 8
Section 12 of the Women’s Charter is amended
(a)
by deleting the words “and 22” in subsection (2) and substituting the words “, 11A and 13”; and(b)by deleting paragraph (a) of subsection (3) and substituting the following paragraph:“(a)the sex of any party to a marriage as registered under the National Registration Act 1965 at the time of the marriage is prima facie evidence of the sex of the party; and”.
Clause 9
Section 13 of the Women’s Charter is repealed and the following section substituted therefor:“Avoidance of marriages solemnised in Singapore without valid licence or by unauthorised person13. A marriage solemnised in Singapore is void unless it is solemnised
(a)
on the authority of a valid marriage licence or a valid special marriage licence; and(b)by the Registrar or a licensed solemniser.”.
Clause 10
(2)
The Registrar must
(a)
file and publish the notice of marriage; and(b)keep the notice of marriage published until the earlier of the following occurs:
(i)
a marriage licence is issued to the 2 persons;
(ii)
the notice of marriage ceases to have effect.
(2)
The Registrar may cancel a notice of marriage if
(a)
the intended marriage has not been solemnised;
(b)
one of the parties has applied to the Registrar in the prescribed form and manner to cancel the notice of marriage; and(c)the Registrar is satisfied that there is good reason to cancel the notice of marriage.
(3)
If a notice of marriage ceases to have effect
(a)
any marriage licence issued in consequence of that notice of marriage is void; and(b)a fresh notice of marriage must be given before the parties may lawfully marry.
(2)
The form prescribed for the purpose of subsection (1) must provide for a party (X) to declare
(a)
whether the parties to the intended marriage are prevented from marrying by this Act or any other law;
(b)
if any party is not a citizen or permanent resident of Singapore — whether X has been physically present in Singapore for the prescribed period before the date of the notice of marriage;
(c)
if the parties are required to attend and complete a marriage preparation programme — whether the parties have done so;
(d)
if X was previously married but has been divorced — whether X owes any arrears in respect of any maintenance which is payable under a maintenance order; and(e)whether X has been convicted of an offence under any of the following provisions:
(i)
section 6A (marrying again during lifetime of husband or wife);
(ii)
section 57C(1) of the Immigration Act 1959 (entering into marriage of convenience);
(iii)
section 494 of the Penal Code 1871 (marrying again during lifetime of husband or wife) as in force immediately before 1 January 2020.
(2)
A marriage licence must be issued
(a)
after the expiry of 21 days from the date of the notice of marriage; and(b)before the notice of marriage ceases to have effect.
(3)
In any prescribed class of cases, a decision whether to issue a marriage licence may be made by the operation of a computer program for which the Registrar is responsible.
(4)
A decision made under subsection (3) by the operation of a computer program
(a)
is taken to be a decision of the Registrar; but(b)may, within the prescribed time and subject to any prescribed conditions, be
(i)
reviewed by the Registrar; and (ii)confirmed, cancelled or substituted by the Registrar by written notice to the affected parties.
(2)
The Registrar may, if satisfied that there are good reasons to do so, waive the requirement in subsection (1)(c).
(3)
In deciding whether to issue a marriage licence, the Registrar may
(a)
rely on the declarations made by the parties to the intended marriage under section 16;
(b)
interview the parties or require them to provide any information or evidence that the Registrar may require; or(c)make any inquiry.”.
(1)
If 2 persons desire to marry in Singapore, one of them must give to the Registrar a notice of marriage in the prescribed form and manner.
(1)
A notice of marriage ceases to have effect if
(a)
3 months (or any longer prescribed period) have elapsed since the notice of marriage was given to the Registrar and the intended marriage has not been solemnised; or(b)the notice of marriage is cancelled by the Registrar.
(1)
Where a notice of marriage is given to the Registrar, each of the parties to the intended marriage must also submit to the Registrar a declaration in the prescribed form and manner.
(1)
Subject to the provisions of this Division, the Registrar must issue a marriage licence after
(a)
a notice of marriage is given to the Registrar;
(b)
the parties to the intended marriage have each submitted the declaration required by section 16; and(c)the prescribed fee is paid.
(1)
The Registrar must not issue a marriage licence unless the Registrar is satisfied that
(a)
the parties to the intended marriage are not prevented from marrying by this Act or any other law;
(b)
if the parties are required to attend and complete a marriage preparation programme — they have done so;
(c)
if any party is not a citizen or permanent resident of Singapore — at least one of the parties has been physically present in Singapore for the prescribed period before the date of the notice of marriage; and(d)no party has made a false declaration under section 16(1) in respect of the matters in section 16(2)(d) or (e).
Clause 14
(1)
If 2 persons desire to marry in Singapore, one of them must give to the Registrar a notice of marriage in the prescribed form and manner.
(2)
The Registrar must
(a)
file and publish the notice of marriage; and(b)keep the notice of marriage published until the earlier of the following occurs:
(i)
a marriage licence is issued to the 2 persons;
(ii)
the notice of marriage ceases to have effect.
Clause 15
(1)
A notice of marriage ceases to have effect if
(a)
3 months (or any longer prescribed period) have elapsed since the notice of marriage was given to the Registrar and the intended marriage has not been solemnised; or(b)the notice of marriage is cancelled by the Registrar.
(2)
The Registrar may cancel a notice of marriage if
(a)
the intended marriage has not been solemnised;
(b)
one of the parties has applied to the Registrar in the prescribed form and manner to cancel the notice of marriage; and(c)the Registrar is satisfied that there is good reason to cancel the notice of marriage.
(3)
If a notice of marriage ceases to have effect
(a)
any marriage licence issued in consequence of that notice of marriage is void; and(b)a fresh notice of marriage must be given before the parties may lawfully marry.
Clause 16
(1)
Where a notice of marriage is given to the Registrar, each of the parties to the intended marriage must also submit to the Registrar a declaration in the prescribed form and manner.
(2)
The form prescribed for the purpose of subsection (1) must provide for a party (X) to declare
(a)
whether the parties to the intended marriage are prevented from marrying by this Act or any other law;
(b)
if any party is not a citizen or permanent resident of Singapore — whether X has been physically present in Singapore for the prescribed period before the date of the notice of marriage;
(c)
if the parties are required to attend and complete a marriage preparation programme — whether the parties have done so;
(d)
if X was previously married but has been divorced — whether X owes any arrears in respect of any maintenance which is payable under a maintenance order; and(e)whether X has been convicted of an offence under any of the following provisions:
(i)
section 6A (marrying again during lifetime of husband or wife);
(ii)
section 57C(1) of the Immigration Act 1959 (entering into marriage of convenience);
(iii)
section 494 of the Penal Code 1871 (marrying again during lifetime of husband or wife) as in force immediately before 1 January 2020.
Clause 17
(1)
Subject to the provisions of this Division, the Registrar must issue a marriage licence after
(a)
a notice of marriage is given to the Registrar;
(b)
the parties to the intended marriage have each submitted the declaration required by section 16; and(c)the prescribed fee is paid.
(2)
A marriage licence must be issued
(a)
after the expiry of 21 days from the date of the notice of marriage; and(b)before the notice of marriage ceases to have effect.
(3)
In any prescribed class of cases, a decision whether to issue a marriage licence may be made by the operation of a computer program for which the Registrar is responsible.
(4)
A decision made under subsection (3) by the operation of a computer program
(a)
is taken to be a decision of the Registrar; but(b)may, within the prescribed time and subject to any prescribed conditions, be
(i)
reviewed by the Registrar; and (ii)confirmed, cancelled or substituted by the Registrar by written notice to the affected parties.
Clause 18
(1)
The Registrar must not issue a marriage licence unless the Registrar is satisfied that
(a)
the parties to the intended marriage are not prevented from marrying by this Act or any other law;
(b)
if the parties are required to attend and complete a marriage preparation programme — they have done so;
(c)
if any party is not a citizen or permanent resident of Singapore — at least one of the parties has been physically present in Singapore for the prescribed period before the date of the notice of marriage; and(d)no party has made a false declaration under section 16(1) in respect of the matters in section 16(2)(d) or (e).
(2)
The Registrar may, if satisfied that there are good reasons to do so, waive the requirement in subsection (1)(c).
(3)
In deciding whether to issue a marriage licence, the Registrar may
(a)
rely on the declarations made by the parties to the intended marriage under section 16;
(b)
interview the parties or require them to provide any information or evidence that the Registrar may require; or(c)make any inquiry.”.
Clause 11
Subclause
“(2) A caveat under subsection (1) must
(a)
state the grounds of objection on which the caveat is founded;
(b)
state any prescribed information; and(c)be signed by the person entering the caveat.”; and
Clause 12
Section 20(1) of the Women’s Charter is amended by deleting the word “licence” wherever it appears and substituting in each case the words “marriage licence”.
Clause 13
Subclause
“(1) Subject to the provisions of this Division, the Minister may grant a special marriage licence to 2 parties for either or both of the following purposes:
(a)
to authorise the parties to marry without giving a notice of marriage or being issued a marriage licence;
(b)
to authorise the parties to marry even though one or both of them are below 18 years of age.
(2)
If 2 parties seek a special marriage licence, each of them must submit to the Minister a declaration in the prescribed form, which declaration must include the matters mentioned in section 16(2).
(2A)
The Minister must not grant a special marriage licence unless the Minister is satisfied that
(a)
apart from any impediment under section 9, the parties to the intended marriage are not prevented from marrying by this Act or any other law;
(b)
if the parties are required to attend and complete a marriage preparation programme — they have done so;
(c)
if any party is not a citizen or permanent resident of Singapore — at least one of the parties has been physically present in Singapore for the prescribed period before his or her declaration under subsection (2); and(d)no party has made a false declaration under subsection (2) in respect of the matters mentioned in section 16(2)(d) or (e).”; and
Clause 14
(2)
The Minister must not grant a special marriage licence for the marriage of a minor unless one of the following conditions is satisfied in relation to each person mentioned in the Second Schedule as a person whose consent is required for the marriage of the minor:
(a)
the person consents to the marriage;
(b)
the person refuses to consent to the marriage but the court consents to the marriage in lieu of the person;
(c)
the Minister
(i)
is satisfied that the consent of the person cannot be obtained because the person is absent, inaccessible or under a disability; and(ii)dispenses with the consent of the person.
(3)
Where an application is made to the court for the purposes of subsection (1)(b) or (2)(b)
(a)
notice of the application must be served on the person who refused to give consent;
(b)
the application must be heard in chambers; and(c)there is no appeal from the order of the court.
(4)
This section does not apply to a minor who
(a)
was previously in a marriage that has been dissolved or annulled; or(b)is a widower or a widow.
(5)
In this section and the Second Schedule, “minor” means a person who is below 21 years of age.
(1)
The Registrar must not issue a marriage licence for the marriage of a minor unless one of the following conditions is satisfied in relation to each person mentioned in the Second Schedule as a person whose consent is required for the marriage of the minor:
(a)
the person consents to the marriage;
(b)
the person refuses to consent to the marriage but the court consents to the marriage in lieu of the person;
(c)
the Registrar
(i)
is satisfied that the consent of the person cannot be obtained because the person is absent, inaccessible or under a disability; and(ii)dispenses with the consent of the person.
Clause 21B
For the purposes of this Division, the Minister may, by rules made under section 180, prescribe
(a)
one or more classes of persons who are required to attend and complete a marriage preparation programme before they may marry; and(b)what constitutes a marriage preparation programme.”.
Clause 15
(2)
For the purposes of subsection (1), the Minister may grant a licence to any suitable person to solemnise marriages in Singapore.
(3)
A licensed solemniser is deemed to be a public servant within the meaning of the Penal Code 1871.
(2)
The Registrar or licensed solemniser
(a)
must ask the man whether he is willing to take the woman as his wife;
(b)
must ask the woman whether she is willing to take the man as her husband; and(c)must not solemnise the marriage unless the Registrar or the licensed solemniser is satisfied that both parties freely consent to the marriage.
(3)
Subject to this section, the Registrar or licensed solemniser may adopt any form and ceremony.
(2)
In giving permission under subsection (1), the Registrar may specify
(a)
the remote communications technology that is to be used to create the live video or live television link between the parties to the intended marriage, the person solemnising the marriage and the witnesses;
(b)
the locations at which the parties, the person solemnising the marriage and the witnesses are to be present; and(c)the administrative and technical facilities and arrangements to be put in place at those locations.”.
(1)
A marriage may be solemnised by the Registrar or a licensed solemniser.
(1)
Subject to section 24, a marriage must be solemnised with all the following persons in the presence of each other in Singapore:
(a)
the parties to the intended marriage;
(b)
the Registrar or a licensed solemniser;
(c)
at least 2 credible witnesses.
(1)
The Registrar may give permission for a marriage to be remotely solemnised using a live video or live television link if
(a)
the parties to the intended marriage, the person solemnising the marriage and the witnesses will be in Singapore during the solemnisation; and(b)the Registrar is satisfied that
(i)
there are exceptional circumstances that prevent the parties from solemnising their marriage in the presence of each other, the person solemnising the marriage or the witnesses; and(ii)it is otherwise appropriate to give permission.
Clause 22
(1)
A marriage may be solemnised by the Registrar or a licensed solemniser.
(2)
For the purposes of subsection (1), the Minister may grant a licence to any suitable person to solemnise marriages in Singapore.
(3)
A licensed solemniser is deemed to be a public servant within the meaning of the Penal Code 1871.
Clause 23
(1)
Subject to section 24, a marriage must be solemnised with all the following persons in the presence of each other in Singapore:
(a)
the parties to the intended marriage;
(b)
the Registrar or a licensed solemniser;
(c)
at least 2 credible witnesses.
(2)
The Registrar or licensed solemniser
(a)
must ask the man whether he is willing to take the woman as his wife;
(b)
must ask the woman whether she is willing to take the man as her husband; and(c)must not solemnise the marriage unless the Registrar or the licensed solemniser is satisfied that both parties freely consent to the marriage.
(3)
Subject to this section, the Registrar or licensed solemniser may adopt any form and ceremony.
Clause 24
(1)
The Registrar may give permission for a marriage to be remotely solemnised using a live video or live television link if
(a)
the parties to the intended marriage, the person solemnising the marriage and the witnesses will be in Singapore during the solemnisation; and(b)the Registrar is satisfied that
(i)
there are exceptional circumstances that prevent the parties from solemnising their marriage in the presence of each other, the person solemnising the marriage or the witnesses; and(ii)it is otherwise appropriate to give permission.
(2)
In giving permission under subsection (1), the Registrar may specify
(a)
the remote communications technology that is to be used to create the live video or live television link between the parties to the intended marriage, the person solemnising the marriage and the witnesses;
(b)
the locations at which the parties, the person solemnising the marriage and the witnesses are to be present; and(c)the administrative and technical facilities and arrangements to be put in place at those locations.”.
Clause 16
Section 25 of the Women’s Charter is amended by deleting the word “after” and substituting the words “on or after”.
Clause 17
Subclause
“(2) The Minister may appoint by name or office any number of public officers that may be necessary to be Assistant Registrars of Marriages for the purposes of this Act.”;
Clause 18
Section 27 of the Women’s Charter is amended by deleting subsection (3).
Clause 19
(2)
After a licensed solemniser solemnises a marriage
(a)
the licensed solemniser must register the marriage in the State Marriage Register; and(b)if the licensed solemniser fails to do so within a reasonable time, the Registrar or another licensed solemniser may register the marriage in the State Marriage Register.
(3)
For the purposes of subsection (2)(b), the Registrar or other licensed solemniser may require the parties to
(a)
appear in person before the Registrar or other licensed solemniser;
(b)
provide any oral or documentary evidence of the marriage that the Registrar or other licensed solemniser may require; and(c)provide any information required by the Registrar or other licensed solemniser to
(i)
decide whether the marriage may be registered; or(ii)register the marriage.
(2)
The Registrar must not register a marriage under this section if the Registrar is satisfied that
(a)
the marriage is void under the provisions of this Act;
(b)
neither party to the marriage is a citizen or permanent resident of Singapore; or(c)any information or evidence provided by the parties is false in any material particular.
(3)
For the purposes of this section, the Registrar may require the parties to the marriage to
(a)
appear in person before the Registrar;
(b)
provide any oral or documentary evidence of the marriage that the Registrar may require; and(c)provide any information required by the Registrar to
(i)
decide whether the marriage may be registered; or(ii)register the marriage.
(2)
After the marriage is registered, the Registrar must
(a)
cause a record to be created, in the form of a certificate of marriage, in the State Marriage Register;
(b)
notify the parties to the marriage; and(c)if the parties so require, provide them with a copy of the certificate of marriage.
(1)
After the Registrar solemnises a marriage, the Registrar must register the marriage in the State Marriage Register.
(1)
Subject to subsection (2), where a marriage is solemnised outside Singapore on or after 15 September 1961
(a)
the parties to the marriage may apply to the Registrar in the prescribed form to register the marriage; and(b)the Registrar may register the marriage in the State Marriage Register.
(1)
This section applies where a marriage is registered in the State Marriage Register on or after the commencement of section 19 of the Women’s Charter (Amendment) Act 2022.
Clause 29
(1)
Subject to subsection (2), where a marriage is solemnised outside Singapore on or after 15 September 1961
(a)
the parties to the marriage may apply to the Registrar in the prescribed form to register the marriage; and(b)the Registrar may register the marriage in the State Marriage Register.
(2)
The Registrar must not register a marriage under this section if the Registrar is satisfied that
(a)
the marriage is void under the provisions of this Act;
(b)
neither party to the marriage is a citizen or permanent resident of Singapore; or(c)any information or evidence provided by the parties is false in any material particular.
(3)
For the purposes of this section, the Registrar may require the parties to the marriage to
(a)
appear in person before the Registrar;
(b)
provide any oral or documentary evidence of the marriage that the Registrar may require; and(c)provide any information required by the Registrar to
(i)
decide whether the marriage may be registered; or(ii)register the marriage.
Clause 30
(1)
This section applies where a marriage is registered in the State Marriage Register on or after the commencement of section 19 of the Women’s Charter (Amendment) Act 2022.
(2)
After the marriage is registered, the Registrar must
(a)
cause a record to be created, in the form of a certificate of marriage, in the State Marriage Register;
(b)
notify the parties to the marriage; and(c)if the parties so require, provide them with a copy of the certificate of marriage.
Clause 31
If the Registrar is satisfied that there is an error in form or substance in any record or information contained in the State Marriage Register, the Registrar may correct the error.”.
Clause 20
Part 5 of the Women’s Charter is amended by deleting the words “PENALTIES AND MISCELLANEOUS PROVISIONS” in the Part heading and substituting the word “OFFENCES”.
Clause 21
Section 34(1) of the Women’s Charter is amended
(a)
by deleting the words “, being required by section 29 to appear before a Deputy Registrar, fails to do so within the prescribed time” and substituting the words “fails to appear before the Registrar or a licensed solemniser after being required to do so under section 28(3)”; and(b)by deleting the words “Deputy Registrar” in the section heading and substituting the words “Registrar or licensed solemniser”.
Clause 22
(2)
A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction
(a)
to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both; and(b)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.”.
(1)
A person (not being the Registrar) must not issue any document that purports to be
(a)
a copy of, or an extract from, any record or information contained in the State Marriage Register; and(b)issued by the Registrar.
Clause 23
Section 37 of the Women’s Charter is amended
(a)
by deleting the words “signs any false notice or certificate” and substituting the words “intentionally provides any false information or document”; and(b)by deleting the words “False oath, etc.,” in the section heading and substituting the words “Intentional falsehoods”.
Clause 24
Section 40 of the Women’s Charter is amended
(a)
by deleting the words “or officiates at” in subsection (1);
(b)
by deleting paragraphs (a), (b) and (c) of subsection (1) and substituting the following paragraphs:“(a)without a valid marriage licence or a valid special marriage licence; or(b)without at least 2 credible witnesses
(i)
present; or(ii)in remote communication with the parties in accordance with section 24,”;
(c)
by deleting the words “section 16” in subsection (2)(a) and substituting the words “section 14(2)(a)”; and(d)by deleting the words “section 17” in subsection (2)(c) and substituting the words “section 18”.
Clause 25
Section 41 of the Women’s Charter is amended
(a)
by inserting the word “or” at the end of paragraphs (a)(i), (b)(ii) and (c)(ii);
(b)
by deleting the word “or” at the end of paragraph (a)(ii);
(c)
by deleting sub-paragraph (iii) of paragraph (a);
(d)
by deleting sub-paragraph (iii) of paragraph (b);
(e)
by deleting sub-paragraph (iii) of paragraph (c); and(f)by deleting the words “, or any copy of or extract from any certificate of marriage,” in paragraphs (b)(iv) and (c)(iv).
Clause 26
Section 43 of the Women’s Charter is repealed.
Clause 27
(2)
Subsection (1) is not limited by the provisions of this Division.
(2)
If a married woman had her husband’s domicile by dependence immediately before 1 June 1981, she retains that domicile (as a domicile of choice, if it is not also her domicile of origin) unless it is changed by the acquisition or revival of another domicile on or after that date.
(2)
Subsection (1) does not affect the right of any married woman to any property that she had immediately before 15 September 1961.
(2)
Either party may apply to the court by summons or in any other summary way.
(3)
In an application under subsection (2), the court may
(a)
make any order
(i)
with respect to the property in dispute; and(ii)as to the costs of the application; or(b)direct
(i)
the application to stand over; and(ii)an inquiry to be made into the disputed matters.
(4)
An application under subsection (2)
(a)
may be heard in chambers if either party so requires; and(b)may be made at any time
(i)
during the subsistence of the marriage; or(ii)within 3 years after the marriage is dissolved or annulled.
(1)
Unless otherwise provided in any written law, the rights, privileges, powers, capacities, duties and liabilities of a married woman are, for all the purposes of the law of Singapore (whether substantive, procedural or otherwise), the same in all respects as those of a married man, whether she is acting in a personal, official, representative, fiduciary or other capacity.
(1)
Subject to subsection (2), the domicile of a married woman
(a)
is to be ascertained in the same way as the domicile of any other individual capable of having an independent domicile; and(b)must not be taken to be the same as her husband’s just because they are married.
(1)
Subject to subsection (2), property that
(a)
belongs to a woman married on or after 15 September 1961 at the time of her marriage;
(b)
is acquired by or devolves upon a married woman on or after 15 September 1961; or(c)immediately before 15 September 1961 was the property (including the separate property) of a married woman or held for her separate use in equity,belongs to her in all respects as if she were not married and may be disposed of accordingly.
(1)
This section applies where there is a question between a husband and wife as to the title to or possession of any property.
Clause 28
Section 94(4) of the Women’s Charter is amended by deleting the words “Conciliation Officer” and substituting the words “conciliation officer”.
Clause 29
(2)
A divorce is to be granted if and only if the court is satisfied that
(a)
the marriage has irretrievably broken down; and(b)it is just and reasonable to grant the divorce, having regard to all relevant circumstances, including
(i)
the conduct of the parties; and(ii)how a divorce would affect the parties and any child of the marriage.
(3)
The court must dismiss an application for divorce if it is not satisfied as to the matters in subsection (2).
(4)
The court may grant an interim judgment for divorce (which may be subject to terms).
(2)
For the purposes of subsection (1)(a)
(a)
if Y continues to live together with X for a total of 6 months or less despite knowing that X has committed an act of adultery, the fact that Y continued to live with X must be ignored in deciding whether Y finds it intolerable to live with X; and(b)if Y continues to live together with X for more than 6 months despite knowing that X has committed an act of adultery, Y may not rely on that act of adultery.
(3)
For the purposes of subsection (1)(b), if Y continues to live together with X for a total of 6 months or less after the most recent instance of the relevant behaviour by X, the fact that Y continued to live together with X must be ignored in deciding whether Y can reasonably be expected to live with X.
(4)
For the purposes of subsection (1)(c)
(a)
a period of desertion is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but(b)the period during which X and Y lived together does not count towards the length of the period of desertion.
(5)
For the purposes of subsection (1)(d) and (e)
(a)
a period of living apart is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but(b)the period during which X and Y lived together does not count towards the length of the period of living apart.
(6)
For the purposes of subsection (1)(f)
(a)
an agreement must be in writing and must state the following matters:
(i)
the reasons leading X and Y to conclude that their marriage has irretrievably broken down;
(ii)
the efforts X and Y have made to reconcile;
(iii)
the consideration X and Y have given to the arrangements to be made in relation to their financial affairs and any child of the marriage;
(b)
the court must consider the stated matters in deciding whether to exercise its powers under Divisions 3 and 4 of Part 10A (amicable settlement of disputes); and(c)the court must not accept the agreement if it considers, in all the circumstances of the case, that there remains a reasonable possibility that X and Y might reconcile.
(7)
In this section, “live together” means live together in the same household.”.
(1)
Either party to a marriage may apply to the court for a divorce.
(1)
For the purposes of this Act, a marriage between X and Y is taken to have irretrievably broken down if and only if
(a)
X has committed adultery and Y finds it intolerable to live with X;
(b)
X has behaved in such a way that Y cannot reasonably be expected to live with X;
(c)
X has deserted Y for a continuous period of 2 or more years immediately before the application for divorce;
(d)
X and Y
(i)
have lived apart for a continuous period of 3 or more years immediately before the application for divorce; and(ii)consent to a divorce being granted by the court;
(e)
X and Y have lived apart for a continuous period of 4 or more years immediately before the application for divorce; or(f)subject to subsection (6)(c), X and Y agree that the marriage has irretrievably broken down.
Clause 95A
(1)
For the purposes of this Act, a marriage between X and Y is taken to have irretrievably broken down if and only if
(a)
X has committed adultery and Y finds it intolerable to live with X;
(b)
X has behaved in such a way that Y cannot reasonably be expected to live with X;
(c)
X has deserted Y for a continuous period of 2 or more years immediately before the application for divorce;
(d)
X and Y
(i)
have lived apart for a continuous period of 3 or more years immediately before the application for divorce; and(ii)consent to a divorce being granted by the court;
(e)
X and Y have lived apart for a continuous period of 4 or more years immediately before the application for divorce; or(f)subject to subsection (6)(c), X and Y agree that the marriage has irretrievably broken down.
(2)
For the purposes of subsection (1)(a)
(a)
if Y continues to live together with X for a total of 6 months or less despite knowing that X has committed an act of adultery, the fact that Y continued to live with X must be ignored in deciding whether Y finds it intolerable to live with X; and(b)if Y continues to live together with X for more than 6 months despite knowing that X has committed an act of adultery, Y may not rely on that act of adultery.
(3)
For the purposes of subsection (1)(b), if Y continues to live together with X for a total of 6 months or less after the most recent instance of the relevant behaviour by X, the fact that Y continued to live together with X must be ignored in deciding whether Y can reasonably be expected to live with X.
(4)
For the purposes of subsection (1)(c)
(a)
a period of desertion is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but(b)the period during which X and Y lived together does not count towards the length of the period of desertion.
(5)
For the purposes of subsection (1)(d) and (e)
(a)
a period of living apart is still taken to be continuous even if X and Y lived together for a total of 6 months or less during that period; but(b)the period during which X and Y lived together does not count towards the length of the period of living apart.
(6)
For the purposes of subsection (1)(f)
(a)
an agreement must be in writing and must state the following matters:
(i)
the reasons leading X and Y to conclude that their marriage has irretrievably broken down;
(ii)
the efforts X and Y have made to reconcile;
(iii)
the consideration X and Y have given to the arrangements to be made in relation to their financial affairs and any child of the marriage;
(b)
the court must consider the stated matters in deciding whether to exercise its powers under Divisions 3 and 4 of Part 10A (amicable settlement of disputes); and(c)the court must not accept the agreement if it considers, in all the circumstances of the case, that there remains a reasonable possibility that X and Y might reconcile.
(7)
In this section, “live together” means live together in the same household.”.
Clause 30
(2)
The court may give to Y any relief to which Y would be entitled if Y had applied for a divorce.”.
(1)
This section applies where
(a)
one party to a marriage (X) applies for a divorce; and(b)the other party to the marriage (Y) alleges and proves that the marriage has irretrievably broken down.
Clause 31
(2)
The court may rescind the interim judgment if
(a)
the court is satisfied that
(i)
the party who applied for divorce (X) misled (whether intentionally or not) the other party (Y) about any matter; and(ii)Y took that matter into account in consenting to the grant of the divorce or agreeing that the marriage has irretrievably broken down, as the case may be; and(b)Y has applied for rescission of the interim judgment at any time before the interim judgment is made final.”.
(1)
This section applies where
(a)
the court has granted an interim judgment of divorce; and(b)the interim judgment is given only on the ground that the marriage has irretrievably broken down under the circumstances mentioned in section 95A(1)(d) or (f) (and under no other circumstances).
Clause 32
Section 101 of the Women’s Charter is amended by deleting subsection (1) and substituting the following subsection:“(1) Either party to a marriage may apply for judicial separation on the ground and circumstances set out in section 95A, and sections 95 and 95A are to apply (with the necessary modifications) in relation to an application for judicial separation as they apply to an application for divorce.”.
Subclause
“(1) Either party to a marriage may apply for judicial separation on the ground and circumstances set out in section 95A, and sections 95 and 95A are to apply (with the necessary modifications) in relation to an application for judicial separation as they apply to an application for divorce.”.
Clause 33
Section 105 of the Women’s Charter is amended
(a)
by deleting “22” in paragraph (a) and substituting “13”;
(b)
by deleting the word “; or” at the end of paragraph (aa) and substituting a full‑stop; and(c)by deleting paragraph (b).
Clause 34
Subclause
“(2) To avoid doubt, subsection (1) does not prevent any provision of this Act from being construed, for the purposes of the rules of private international law, as
(a)
a forum mandatory provision; or(b)representing a fundamental public policy of Singapore.”.
Clause 35
(2)
To enforce the order, the court may
(a)
order that the child be returned to the physical custody of the person mentioned in subsection (1)(a); and(b)direct the bailiff to seize the child and deliver the child to the physical custody of that person.
(2)
X may apply to the court to enforce the access order against Y.
(3)
Without limiting any other power of the court, the court may do all or any of the following in an application under subsection (2):
(a)
order Y to give X additional access to the child to make up for the access denied to X as a result of the breach;
(b)
order Y to compensate X for any reasonable expenses incurred by X as a result of the breach;
(c)
order X, Y and the child (or any of them) to attend all or any of the following:
(i)
counselling;
(ii)
mediation;
(iii)
a therapeutic or an educational programme specified by the court;
(iv)
a family support programme as defined in section 139A;
(d)
order Y to execute a bond, with or without sureties or security, as the court may determine, to secure Y’s future compliance with the access order;
(e)
for every breach of the access order by Y, sentence Y to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)
To avoid doubt, an order under subsection (3)(a) must not give X more access than what X is entitled to under the access order.
(5)
The court may, in making any order under subsection (3)(a), (b), (c) or (d) in respect of a breach of the access order
(a)
reserve the question whether Y should also be sentenced under subsection (3)(e) for that breach; and(b)return to the question subsequently (without X having to make a fresh application).
(6)
In respect of a breach of an access order, X may do either, but not both, of the following:
(a)
make an application under subsection (2);
(b)
bring proceedings to punish Y for contempt of court in respect of that breach.”.
(1)
This section applies where
(a)
the court makes an order for a child to be placed in the custody, or the care and control, of a person; and(b)the child leaves, or is removed from, the physical custody of that person.
(1)
This section applies where
(a)
the court makes an order under section 126(2)(d) (called in this section the access order) giving a person (X) access to a child; and(b)the order is breached by the person (Y) who is required by the order to give X access to the child.
Clause 126B
(1)
This section applies where
(a)
the court makes an order under section 126(2)(d) (called in this section the access order) giving a person (X) access to a child; and(b)the order is breached by the person (Y) who is required by the order to give X access to the child.
(2)
X may apply to the court to enforce the access order against Y.
(3)
Without limiting any other power of the court, the court may do all or any of the following in an application under subsection (2):
(a)
order Y to give X additional access to the child to make up for the access denied to X as a result of the breach;
(b)
order Y to compensate X for any reasonable expenses incurred by X as a result of the breach;
(c)
order X, Y and the child (or any of them) to attend all or any of the following:
(i)
counselling;
(ii)
mediation;
(iii)
a therapeutic or an educational programme specified by the court;
(iv)
a family support programme as defined in section 139A;
(d)
order Y to execute a bond, with or without sureties or security, as the court may determine, to secure Y’s future compliance with the access order;
(e)
for every breach of the access order by Y, sentence Y to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)
To avoid doubt, an order under subsection (3)(a) must not give X more access than what X is entitled to under the access order.
(5)
The court may, in making any order under subsection (3)(a), (b), (c) or (d) in respect of a breach of the access order
(a)
reserve the question whether Y should also be sentenced under subsection (3)(e) for that breach; and(b)return to the question subsequently (without X having to make a fresh application).
(6)
In respect of a breach of an access order, X may do either, but not both, of the following:
(a)
make an application under subsection (2);
(b)
bring proceedings to punish Y for contempt of court in respect of that breach.”.
Clause 36
(2)
Advice under subsection (1) may be given at any stage of the proceedings or after a final judgment has been granted.
(3)
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (1) is not a contempt of court.
(4)
If any advice under subsection (1) is not complied with, the court may make any order it sees fit.
(5)
In this section, “programme for children” means any programme, counselling, psychological service, assessment or other activity
(a)
carried out for the purpose of helping a child handle the impact of
(i)
the dissolution or annulment of his or her parents’ marriage; or(ii)his or her parents’ judicial separation; and(b)the form, contents and duration of which are determined by the Minister.”.
(1)
In any proceedings for divorce, judicial separation or nullity of marriage where the parties have a child falling within a prescribed class of children, the court may advise one or both parties to secure the child’s completion of a programme for children.
Clause 37
Section 136 of the Women’s Charter is repealed.
Clause 38
(2)
Notice of an appointment under subsection (1) must be published in the Gazette.
(2)
A conciliation officer may, by written notice, require either or both parties to a marriage to meet the conciliation officer (either in person or otherwise) to settle any differences between them.
(3)
A party required to meet a conciliation officer under subsection (2) is legally bound to
(a)
do so; and(b)answer, to the best of the party’s ability, any question by the conciliation officer in relation to the differences that have arisen in the marriage.
(2)
If the court considers that there is a reasonable possibility that the parties might reconcile, the court may do all or any of the following things to facilitate a possible reconciliation:
(a)
adjourn the proceedings;
(b)
if the parties consent, interview the parties in chambers (with or without their solicitors);
(c)
nominate a conciliation officer or some other suitable person or organisation to assist the parties;
(d)
advise the parties to attend a family support programme.
(3)
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice given under subsection (2)(d) is not a contempt of court.
(2)
If the proceedings resume, a judge who interviewed the parties under section 139F(2)(b) must not (except at the request of the parties to the proceedings)
(a)
continue to hear the proceedings; or(b)determine the proceedings.
(2)
The court may
(a)
consider the possibility of a harmonious resolution; and(b)if the parties consent, refer the parties and their children (if any) for mediation by a person
(i)
agreed to by the parties; or(ii)in default of agreement, appointed by the court.
(2)
Without limiting any other power of the court, the court
(a)
must, subject to subsection (3), make either or both of the following orders:
(i)
an order for the parties or their children (or both) to attend mediation;
(ii)
an order for the parties or their children (or both) to attend counselling; and(b)may, at any stage of the proceedings and if the court considers that doing so is in the interests of the parties or their children, advise all or any of the following persons to attend a family support programme:
(i)
the parties;
(ii)
their children;
(iii)
any person falling within a prescribed class of persons.
(3)
The court may dispense with the orders under subsection (2)(a) if the court considers that mediation or counselling would not be in the interest of the parties or their children, as the case may be.
(4)
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2)(b) is not a contempt of court.
(5)
If any order or advice under subsection (2) (other than advice to a person mentioned in subsection (2)(b)(iii)) is not complied with, the court may
(a)
stay the proceedings until the order or advice has been complied with;
(b)
order any party responsible for the non‑compliance to pay the costs of the proceedings; or(c)make any other order it sees fit.
(2)
Without limiting any other power of the court, the court may, if it considers that doing so is in the interests of the parties and their children (if any)
(a)
advise the parties or their children (or both) to attend mediation;
(b)
advise the parties or their children (or both) to attend counselling; or(c)advise all or any of the following persons to attend a family support programme:
(i)
the parties;
(ii)
their children (if any);
(iii)
any person falling within a prescribed class of persons.
(3)
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2) is not a contempt of court.
(4)
If any advice under subsection (2) (other than advice to a person mentioned in subsection (2)(c)(iii)) is not complied with, the court may
(a)
stay the proceedings until the advice has been complied with;
(b)
order any party responsible for the non‑compliance to pay the costs of the proceedings; or(c)make any other order it sees fit.”.
(1)
The Minister may appoint a public officer to be a conciliation officer for the purposes of this Act.
(1)
Either or both parties to a marriage may ask a conciliation officer for advice and assistance on any differences between them.
(1)
The court hearing the proceedings must from time to time consider whether the parties might reconcile, having regard to
(a)
the nature of the case;
(b)
the evidence; and(c)the parties’ attitude.
(1)
If proceedings are adjourned by a court under section 139F(2)(a)
(a)
a party may make a request for the proceedings to resume, but only if at least 14 days (or any longer period specified by the court) have elapsed; and(b)the proceedings are to resume as soon as practicable after the request is made.
(1)
This section applies to any proceedings under this Act.
(1)
This section applies to a case
(a)
where proceedings are brought under Part 10; and(b)the parties
(i)
have one or more children below 21 years of age; and(ii)fall within a prescribed class of persons.
(1)
This section applies to a case where
(a)
proceedings are brought under this Act; and(b)section 139I does not apply.
Definition
“counselling” does not include any counselling that is part of a programme for children as defined in section 132A;
Definition
“family support programme” means any programme or activity that seeks to address or resolve any relationship issue or relationship problem
(a)
between spouses or former spouses;
(b)
between siblings; or(c)between parent and child;
Definition
“proceedings” does not include criminal proceedings.
Clause 39
Subclause
“(2) Rules made under subsection (1)
(a)
must be presented to Parliament as soon as possible after publication in the Gazette; and(b)may be revoked (wholly or partly) by a resolution of Parliament.
(2A)
A resolution under subsection (2)(b)
(a)
must specify the date from which the rules are revoked; and(b)may only be passed on a motion for which notice is given on or before the first available sitting day of Parliament after the expiry of one month after the date on which the rules were presented to Parliament.
(2B)
If Parliament passes a resolution under subsection (2)(b)
(a)
the rules are revoked with effect from the date specified in the resolution;
(b)
the revocation does not affect the validity of anything done before the specified date; and(c)the Minister is not prevented from making new rules.”.
Clause 40
(2)
No liability shall lie personally against the person who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care.
(3)
In this section, a reference to the exercise of a function includes a reference to the exercise of a power or the performance of a duty.”.
(1)
This section applies where an act is done or an omission is made
(a)
by the Registrar in the exercise or purported exercise of a function of the Registrar under this Act;
(b)
by the Director‑General
(i)
in the exercise or purported exercise of a function of the Director‑General under this Act;
(ii)
in the enforcement or purported enforcement of Part 7 or 11; or(iii)in compliance or purported compliance with an order made by a court under this Act;
(c)
by a person (being a person appointed by and acting under the direction of the Director‑General)
(i)
in the exercise or purported exercise of a function of the Director‑General under this Act;
(ii)
in the enforcement or purported enforcement of Part 7 or 11;
(iii)
in compliance or purported compliance with an order made by a court under this Act; or(iv)in compliance or purported compliance with a direction given by the Director‑General under this Act;
(d)
by a licensed solemniser
(i)
in the solemnisation or purported solemnisation of a marriage under this Act; or (ii)in relation to the registration of a marriage under this Act;
(e)
by a person (being a person appointed by the Minister for the purposes of section 65(2)(b)) in the exercise or purported exercise of the person’s function of making an application for a protection order under section 65 or an expedited order under section 66;
(f)
by a conciliation officer in the course of assisting or advising the parties to a marriage, under section 94(4), 139D or 139F, on any differences between them;
(g)
by any person in the course of conducting any mediation, counselling or family support programme under Division 4 of Part 10A;
(h)
by any person in a place of safety in compliance or purported compliance with
(i)
any direction given by the Director‑General under this Act; or(ii)any order made by a court under this Act;
(i)
by a person (being an officer appointed by the Minister under section 176) in the exercise or purported exercise of a function of the Director‑General under Part 11;
(j)
by a person (being a member of the Board of Visitors appointed by the Minister under section 178)
(i)
in the exercise or purported exercise of a function of the Board of Visitors under this Act; or(ii)in compliance or purported compliance with any direction given by the Minister under section 178(5);
(k)
by a person (being a member of the Discharge Committee appointed by the Minister under section 179) in the exercise or purported exercise of a function of the Discharge Committee under this Act; or(l)by a person (being a person appointed by a court or pursuant to an order of a court under this Act) in compliance or purported compliance with an order made by a court under this Act.
Clause 41
Subclause
“(1A) The parties to a marriage validated by section 184 may apply to the Registrar in the prescribed form to register the marriage.”;
Clause 42
The Second Schedule to the Women’s Charter is amended
(a)
by deleting the Schedule reference and substituting the following Schedule reference:“Section 21A”; and(b)by deleting Part 3.
Clause 43
(2)
The COVID-19 (Temporary Measures for Solemnization and Registration of Marriages) Act 2020 is repealed.
(3)
The Guardianship of Infants Act is amended by inserting, immediately after section 5, the following section:“Enforcement of child access order5A.
(1)
This section applies where
(a)
the court makes an order under section 5 (called in this section the access order) giving a person (X) access to a child; and(b)the order is breached by the person (Y) who is required by the order to give X access to the child.(2) X may apply to the court to enforce the access order against Y.(3) Without limiting any other power of the court, the court may do all or any of the following in an application under subsection (2):
(a)
order Y to give X additional access to the child to make up for the access denied to X as a result of the breach;
(b)
order Y to compensate X for any reasonable expenses incurred by X as a result of the breach;
(c)
order X, Y and the child (or any of them) to attend all or any of the following:
(i)
counselling;
(ii)
mediation;
(iii)
a therapeutic or an educational programme specified by the court;
(iv)
a family support programme as defined in section 139A of the Women’s Charter 1961;
(d)
order Y to execute a bond, with or without sureties or security, as the court may determine, to secure Y’s future compliance with the access order;
(e)
for every breach of the access order by Y, sentence Y to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.(4) To avoid doubt, an order under subsection (3)(a) must not give X more access than what X is entitled to under the access order.(5) The court may, in making any order under subsection (3)(a), (b), (c) or (d) in respect of a breach of the access order
(a)
reserve the question whether Y should also be sentenced under subsection (3)(e) for that breach; and(b)return to the question subsequently (without X having to make a fresh application).(6) In respect of a breach of an access order, X may do either, but not both, of the following:
(a)
make an application under subsection (2);
(b)
bring proceedings to punish Y for contempt of court in respect of that breach.”.
(2)
X may apply to the court to enforce the access order against Y.
(3)
Without limiting any other power of the court, the court may do all or any of the following in an application under subsection (2):
(a)
order Y to give X additional access to the child to make up for the access denied to X as a result of the breach;
(b)
order Y to compensate X for any reasonable expenses incurred by X as a result of the breach;
(c)
order X, Y and the child (or any of them) to attend all or any of the following:
(i)
counselling;
(ii)
mediation;
(iii)
a therapeutic or an educational programme specified by the court;
(iv)
a family support programme as defined in section 139A of the Women’s Charter 1961;
(d)
order Y to execute a bond, with or without sureties or security, as the court may determine, to secure Y’s future compliance with the access order;
(e)
for every breach of the access order by Y, sentence Y to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)
To avoid doubt, an order under subsection (3)(a) must not give X more access than what X is entitled to under the access order.
(5)
The court may, in making any order under subsection (3)(a), (b), (c) or (d) in respect of a breach of the access order
(a)
reserve the question whether Y should also be sentenced under subsection (3)(e) for that breach; and(b)return to the question subsequently (without X having to make a fresh application).
(6)
In respect of a breach of an access order, X may do either, but not both, of the following:
(a)
make an application under subsection (2);
(b)
bring proceedings to punish Y for contempt of court in respect of that breach.”.
(1)
Section 2 of the COVID‑19 (Temporary Measures for Solemnization and Registration of Marriages) Act 2020 is repealed.
(1)
This section applies where
(a)
the court makes an order under section 5 (called in this section the access order) giving a person (X) access to a child; and(b)the order is breached by the person (Y) who is required by the order to give X access to the child.
Clause 44
(1)
Where a licence to solemnise marriages
(a)
is granted, before the date of commencement of section 5, under section 8 of the Women’s Charter in force immediately before that date; and(b)is in force immediately before that date,that licence
(c)
is deemed to be granted under section 22(2) of the Women’s Charter as amended by this Act; and(d)has effect until it expires or is revoked.
(2)
A person who is a Conciliation Officer appointed under section 48(1) of the Women’s Charter immediately before the date of commencement of section 38 is deemed to be a conciliation officer appointed under section 139C(1) of the Women’s Charter as amended by this Act until his or her appointment expires or is revoked.
(3)
For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by rules made under section 180 of the Women’s Charter, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.
(4)
Without limiting subsection (3), rules made for the purposes of that subsection may modify the application of the Women’s Charter to or in relation to
(a)
a notice of marriage given under section 14 of the Women’s Charter in force immediately before the date of commencement of section 10;
(b)
a marriage licence issued under section 17 of the Women’s Charter in force immediately before the date of commencement of section 10;
(c)
a statutory declaration made for the purposes of section 17 of the Women’s Charter in force immediately before the date of commencement of section 10;
(d)
a caveat entered under section 19 of the Women’s Charter in force immediately before the date of commencement of section 11;
(e)
a special marriage licence granted under section 21 of the Women’s Charter in force immediately before the date of commencement of section 13;
(f)
a statutory declaration made for the purposes of section 21 of the Women’s Charter in force immediately before the date of commencement of section 13;
(g)
a certificate of marriage under section 28 or 29 of the Women’s Charter in force immediately before the date of commencement of section 19; and(h)permission given by the Registrar under section 2(1)(a) of the COVID‑19 (Temporary Measures for Solemnization and Registration of Marriages) Act 2020 in force immediately before the date of commencement of section 43(1).
Part “PART 6
RIGHTS AND DUTIES OF HUSBAND AND WIFE
Clause 46
A husband and wife are mutually bound to cooperate with each other in
(a)
safeguarding the interests of the union; and(b)caring and providing for the children.
Clause 47
A husband and wife have the right separately to engage in any trade or profession or in social activities.
Clause 48
A husband and wife have equal rights in the running of the matrimonial household.
Clause 49
Subject to any contrary agreement between a husband and wife
(a)
money derived from any allowance made by the husband for the expenses of the matrimonial home or for similar purposes; and(b)property acquired using that money,are to be treated as belonging to the husband and wife in equal shares.
Clause 50
(1)
Unless otherwise provided in any written law, the rights, privileges, powers, capacities, duties and liabilities of a married woman are, for all the purposes of the law of Singapore (whether substantive, procedural or otherwise), the same in all respects as those of a married man, whether she is acting in a personal, official, representative, fiduciary or other capacity.
(2)
Subsection (1) is not limited by the provisions of this Division.
Clause 51
A married woman may use her own surname and name separately.
Clause 52
(1)
Subject to subsection (2), the domicile of a married woman
(a)
is to be ascertained in the same way as the domicile of any other individual capable of having an independent domicile; and(b)must not be taken to be the same as her husband’s just because they are married.
(2)
If a married woman had her husband’s domicile by dependence immediately before 1 June 1981, she retains that domicile (as a domicile of choice, if it is not also her domicile of origin) unless it is changed by the acquisition or revival of another domicile on or after that date.
Clause 53
(1)
Subject to subsection (2), property that
(a)
belongs to a woman married on or after 15 September 1961 at the time of her marriage;
(b)
is acquired by or devolves upon a married woman on or after 15 September 1961; or(c)immediately before 15 September 1961 was the property (including the separate property) of a married woman or held for her separate use in equity,belongs to her in all respects as if she were not married and may be disposed of accordingly.
(2)
Subsection (1) does not affect the right of any married woman to any property that she had immediately before 15 September 1961.
Clause 54
Any instrument (whether executed before, on or after 15 September 1961) is void insofar as
(a)
it purports to attach a restriction on anticipation or alienation to the enjoyment of any property by a woman; and(b)the restriction could not have been attached to the enjoyment of that property by a man.
Clause 55
Subject to section 57, a husband and wife may sue each other in tort as if they were not married.
Clause 56
(1)
This section applies where there is a question between a husband and wife as to the title to or possession of any property.
(2)
Either party may apply to the court by summons or in any other summary way.
(3)
In an application under subsection (2), the court may
(a)
make any order
(i)
with respect to the property in dispute; and(ii)as to the costs of the application; or(b)direct
(i)
the application to stand over; and(ii)an inquiry to be made into the disputed matters.
(4)
An application under subsection (2)
(a)
may be heard in chambers if either party so requires; and(b)may be made at any time
(i)
during the subsistence of the marriage; or(ii)within 3 years after the marriage is dissolved or annulled.
Clause 57
Where a husband sues his wife in tort (or vice versa) during the subsistence of the marriage, the court may
(a)
stay the action if it appears that
(i)
neither party would substantially benefit from the continuation of the proceedings; or(ii)the dispute could be more conveniently resolved in an application under section 56(2); or(b)exercise the powers under section 56(3).”.
Part “PART 10A
AMICABLE SETTLEMENT OF DISPUTES
Clause 139A
Definition
“counselling” does not include any counselling that is part of a programme for children as defined in section 132A;
Definition
“family support programme” means any programme or activity that seeks to address or resolve any relationship issue or relationship problem
(a)
between spouses or former spouses;
(b)
between siblings; or(c)between parent and child;
Definition
“proceedings” does not include criminal proceedings.
Clause 139B
Evidence of
(a)
anything said or done;
(b)
any document prepared; or(c)any information provided,in the course of or for the purpose of
(d)
any attempt at reconciliation under section 139F; or(e)any mediation, counselling or family support programme undertaken under Division 4,is not admissible in any court.
Clause 139C
(1)
The Minister may appoint a public officer to be a conciliation officer for the purposes of this Act.
(2)
Notice of an appointment under subsection (1) must be published in the Gazette.
Clause 139D
(1)
Either or both parties to a marriage may ask a conciliation officer for advice and assistance on any differences between them.
(2)
A conciliation officer may, by written notice, require either or both parties to a marriage to meet the conciliation officer (either in person or otherwise) to settle any differences between them.
(3)
A party required to meet a conciliation officer under subsection (2) is legally bound to
(a)
do so; and(b)answer, to the best of the party’s ability, any question by the conciliation officer in relation to the differences that have arisen in the marriage.
Clause 139E
This Division applies to the following proceedings:
(a)
proceedings for divorce or judicial separation;
(b)
proceedings, brought by a party to a subsisting marriage, under section 56, 65, 66 or 69.
Clause 139F
(1)
The court hearing the proceedings must from time to time consider whether the parties might reconcile, having regard to
(a)
the nature of the case;
(b)
the evidence; and(c)the parties’ attitude.
(2)
If the court considers that there is a reasonable possibility that the parties might reconcile, the court may do all or any of the following things to facilitate a possible reconciliation:
(a)
adjourn the proceedings;
(b)
if the parties consent, interview the parties in chambers (with or without their solicitors);
(c)
nominate a conciliation officer or some other suitable person or organisation to assist the parties;
(d)
advise the parties to attend a family support programme.
(3)
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice given under subsection (2)(d) is not a contempt of court.
Clause 139G
(1)
If proceedings are adjourned by a court under section 139F(2)(a)
(a)
a party may make a request for the proceedings to resume, but only if at least 14 days (or any longer period specified by the court) have elapsed; and(b)the proceedings are to resume as soon as practicable after the request is made.
(2)
If the proceedings resume, a judge who interviewed the parties under section 139F(2)(b) must not (except at the request of the parties to the proceedings)
(a)
continue to hear the proceedings; or(b)determine the proceedings.
Clause 139H
(1)
This section applies to any proceedings under this Act.
(2)
The court may
(a)
consider the possibility of a harmonious resolution; and(b)if the parties consent, refer the parties and their children (if any) for mediation by a person
(i)
agreed to by the parties; or(ii)in default of agreement, appointed by the court.
Clause 139I
(1)
This section applies to a case
(a)
where proceedings are brought under Part 10; and(b)the parties
(i)
have one or more children below 21 years of age; and(ii)fall within a prescribed class of persons.
(2)
Without limiting any other power of the court, the court
(a)
must, subject to subsection (3), make either or both of the following orders:
(i)
an order for the parties or their children (or both) to attend mediation;
(ii)
an order for the parties or their children (or both) to attend counselling; and(b)may, at any stage of the proceedings and if the court considers that doing so is in the interests of the parties or their children, advise all or any of the following persons to attend a family support programme:
(i)
the parties;
(ii)
their children;
(iii)
any person falling within a prescribed class of persons.
(3)
The court may dispense with the orders under subsection (2)(a) if the court considers that mediation or counselling would not be in the interest of the parties or their children, as the case may be.
(4)
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2)(b) is not a contempt of court.
(5)
If any order or advice under subsection (2) (other than advice to a person mentioned in subsection (2)(b)(iii)) is not complied with, the court may
(a)
stay the proceedings until the order or advice has been complied with;
(b)
order any party responsible for the non‑compliance to pay the costs of the proceedings; or(c)make any other order it sees fit.
Clause 139J
(1)
This section applies to a case where
(a)
proceedings are brought under this Act; and(b)section 139I does not apply.
(2)
Without limiting any other power of the court, the court may, if it considers that doing so is in the interests of the parties and their children (if any)
(a)
advise the parties or their children (or both) to attend mediation;
(b)
advise the parties or their children (or both) to attend counselling; or(c)advise all or any of the following persons to attend a family support programme:
(i)
the parties;
(ii)
their children (if any);
(iii)
any person falling within a prescribed class of persons.
(3)
Despite the provisions of the Administration of Justice (Protection) Act 2016, failure to comply with any advice under subsection (2) is not a contempt of court.
(4)
If any advice under subsection (2) (other than advice to a person mentioned in subsection (2)(c)(iii)) is not complied with, the court may
(a)
stay the proceedings until the advice has been complied with;
(b)
order any party responsible for the non‑compliance to pay the costs of the proceedings; or(c)make any other order it sees fit.”.
Schedule
“Section 21A”; and