Women's Charter 1961
Women's Charter 1961
Women's Charter 1961
PART 1
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Application
PART 2
MONOGAMOUS MARRIAGES
4. Disability to contract marriages
5. Void marriages
6. Offence
6A. Marrying again during lifetime of husband or wife
6B. Cohabitation caused by deceitfully inducing a belief of lawful
marriage
6C. Marriage ceremony gone through fraudulently without lawful
marriage
7. Continuance of marriage
PART 3
SOLEMNISATION OF MARRIAGES
8. Persons by whom marriages may be solemnised
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
11A. Avoidance of marriages of convenience
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
1
PART 4
REGISTRATION
25. Registration of marriages
26. Appointment of Registrar, Assistant Registrars and Deputy
Registrars
27. State Marriage Register
28. Registration of marriage solemnised by Registrar
29. Registration of marriage not solemnised 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 5
PENALTIES AND MISCELLANEOUS PROVISIONS
RELATING TO SOLEMNISATION 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 solemnisation of marriage
40. Offences relating to solemnisation of marriages
41. Destroying or falsifying State Marriage Register, etc.
Section
42. Consent for prosecution
43. Correction of errors
44. [Repealed]
45. [Repealed]
PART 6
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, etc.
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 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 7
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 9
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
Section
90. Costs of proceedings
91. Penalties for non-compliance with attachment of earnings order
and for giving false notice or statement
PART 10
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
94A. Parenting programme
95. Irretrievable breakdown of marriage to be sole ground for
divorce
96. Rules to provide for agreements to be referred to court
97. Intervention of Attorney-General
98. Relief for defendant in divorce proceedings
99. Interim judgment and proceedings thereafter
100. Proceedings for interim judgment of presumption of death and
divorce
PART 11
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, girl below the age of 18
or sexual penetration with, or indecent assault on, girl below the
age of 16
146. Persons living on or trading in prostitution, etc.
146A. Remote communication service used for offering or facilitating
provision of sexual services, etc.
147. Suppression of places of assignation
148. Suppression of brothels
149. Notice to owner and occupier
150. Termination of tenancy of places on conviction for permitting
use as brothel, etc.
151. Demolition of structural contrivances for facilitating running of
place of assignation or of brothel
152. Authority of courts to issue arrest and search warrants
153. Trials in private in certain cases
154. Trial of offences
155. Detention pending judicial proceedings
156. Director-General may examine women and girls and person in
charge of them
157. Inspection
158. Security on departure of woman or girl from Singapore
PART 12
MISCELLANEOUS
180. Rules
180A. Protection from personal liability
181. Marriages solemnised before 15 September 1961 deemed to be
registered under this Act
182. Voluntary registration of marriages solemnised under religion or
custom
183. Recognition of marriages contracted in Embassies, etc., in
Singapore
Section
184. Validity of customary marriages contracted on or after
15 September 1961 and before 2 June 1967
185. Saving for petitions presented before 1 June 1981
186. Savings for proceedings before 1 May 1997
First Schedule — Kindred and affinity
prohibited degrees of relationship
Second Schedule — Consents required to the marriage of a
minor
PART 1
PRELIMINARY
Short title
1. This Act is the Women’s Charter 1961.
Interpretation
2.—(1) In this Act, unless the context otherwise requires —
“brothel” means any place —
(a) habitually used by any 2 or more women or girls
(whether or not at the same time or at different times)
for the purpose of prostitution;
(b) that has been used by any 2 or more women or girls
(whether or not at the same time or at different times)
for the purpose of prostitution and is likely to be used
again for that purpose; or
[36/2019]
Application
3.—(1) Except as otherwise provided, this Act applies to all
persons in Singapore and also applies to all persons domiciled in
Singapore.
(2) Parts 2 to 6 (except for sections 6A, 6B and 6C) and Part 10 and
sections 181 and 182 do not apply to any person who is married
under, or to any marriage solemnised or registered under, the
provisions of the Muslim law or of any written law in Singapore or in
Malaysia providing for the registration of Muslim marriages.
[15/2019]
PART 2
MONOGAMOUS MARRIAGES
Disability to contract marriages
4.—(1) Every person who on 15 September 1961 is lawfully
married under any law, religion, custom or usage to one or more
spouses shall be incapable during the continuance of that marriage or
marriages of contracting a valid marriage under any law, religion,
custom or usage with any person other than such spouse or spouses.
(2) Every person who on 15 September 1961 is lawfully married
under any law, religion, custom or usage to one or more spouses and
who subsequently ceases to be married to that spouse or all the
spouses shall, if he or she thereafter marries again, be incapable
during the continuance of that marriage of contracting a valid
marriage with any other person under any law, religion, custom or
usage.
(3) Every person who on 15 September 1961 is unmarried and who
after that date marries under any law, religion, custom or usage shall
be incapable during the continuance of that marriage of contracting a
valid marriage with any other person under any law, religion, custom
or usage.
(4) Nothing in this section affects the operation of Part 3 in relation
to marriages solemnised in Singapore after 15 September 1961.
Void marriages
5.—(1) Every marriage contracted in Singapore or elsewhere in
contravention of section 4 is void.
(2) If any male person lawfully married under any law, religion,
custom or usage, during the continuance of that marriage, contracts a
union with a woman, that woman shall have no right of succession or
inheritance on the death intestate of such male person.
(3) Nothing in this section affects the liability of any person to pay
such maintenance as may be directed to be paid by that person under
any written law.
[7/2016]
Offence
6. Any person lawfully married under any law, religion, custom or
usage who during the continuance of that marriage purports to
contract a marriage in Singapore or elsewhere under any law,
religion, custom or usage in contravention of section 4 is deemed to
commit the offence of marrying again during the lifetime of the
husband or wife (as the case may be) within the meaning of
section 6A.
[15/2019]
and has not been heard of by such person as being alive within that time,
provided the person contracting such subsequent marriage, before the marriage
takes place, informs the person with whom the marriage is contracted, of the real
state of facts so far as the same are within his or her knowledge.
[15/2019]
Continuance of marriage
7. Every marriage solemnised in Singapore after 15 September
1961, other than a marriage which is void under the provisions of this
Act, shall continue until dissolved —
(a) by the death of one of the parties;
(b) by order of a court of competent jurisdiction; or
(c) by a declaration made by a court of competent jurisdiction
that the marriage is null and void.
PART 3
SOLEMNISATION OF MARRIAGES
Persons by whom marriages may be solemnised
8.—(1) A marriage may be solemnised by the Registrar or any
other person to whom a licence to solemnise marriages under this
section has been granted by the Minister.
(2) The Minister may grant a licence to any suitable person to
solemnise marriages in Singapore.
Consents
13.—(1) Subject to this section, a marriage licence under section 17
or a special marriage licence under section 21 for the marriage of a
minor must not be issued or granted without the consent of a person
mentioned in the Second Schedule who is authorised to give such
consent.
(2) If the Registrar or, in the case of a proposed marriage by special
marriage licence, the Minister is satisfied that the consent of any
person whose consent is so required cannot be obtained by reason of
absence or inaccessibility or by reason of the person being under any
disability —
(a) the necessity for the consent of that person is dispensed
with, if there is any other person whose consent is also
required; and
(b) if the consent of no other person is required, the Registrar
or the Minister may dispense with the necessity of
obtaining any consent, or the court may, on application
being made, consent to the marriage, and the consent of the
court so given has the same effect as if it had been given by
the person whose consent cannot be so obtained.
[27/2014]
Notice of marriage
14. Whenever any persons desire to marry in Singapore, one of the
parties to the intended marriage must sign and give to the Registrar a
notice in the prescribed form.
(2A) Where one of the parties to the proposed marriage has been
previously married but is divorced, the Registrar must not issue a
marriage licence unless that party also states, in the statutory
declaration mentioned in subsection (2), whether that party owes
any arrears in respect of any maintenance which is payable under a
maintenance order.
[2/2011; 7/2016]
(2) A person to whom this section applies must not be issued with a
marriage licence under section 17 or a special marriage licence under
section 21 unless the person satisfies the Registrar or the Minister (as
the case may be) that the person and the other party to the proposed
marriage have attended and completed a marriage preparation
programme.
[2/2011]
Caveat
19.—(1) Any person may, on payment of the prescribed fee, enter a
caveat with the Registrar against the issue of a licence for the
marriage of any person named in the caveat and notice of whose
intended marriage has been given to the Registrar.
(2) A caveat entered under this section must contain the name and
place of residence of the person entering the caveat and the grounds
of objection upon which the caveat is founded and must be signed by
the person entering the caveat.
(3) Where the Registrar has refused to issue the marriage licence,
the person applying for the same has a right of appeal to the court
(4) The court may examine the allegations contained in the caveat
in a summary way and may hear evidence in support of and in
opposition to the objection.
[27/2014]
Solemnisation of marriages
23. A marriage solemnised by the Registrar or any person licensed
to solemnise marriages may be solemnised according to such form
and ceremony as the Registrar or the person solemnising the marriage
sees fit to adopt and in some part of the ceremony he or she must
request each of the parties to the marriage to declare that the party is
willing to take the other party as his or her wedded wife or husband,
as the case may be.
Religious ceremony
24.—(1) If the parties to any marriage contracted and solemnised
under this Act or under any previous written law relating to Christian
or civil marriages desire to add to the marriage so contracted and
solemnised the religious ceremony ordained or used by the church or
temple of which the parties or one of them are members or is a
member, the parties may present themselves for that purpose to a
clergyman, minister or priest of such church or temple, having given
notice to that clergyman, minister or priest of their intention to do so;
and that clergyman, minister or priest, upon the production of a
certified copy of the certificate of the marriage, may, if he or she sees
fit, read or celebrate the marriage service of the church or temple to
which he or she belongs.
(2) Nothing in the reading or celebration of such service under
subsection (1) shall be held to supersede or invalidate any marriage so
previously contracted and solemnised, nor shall such reading or
celebration be entered as a marriage in the State Marriage Register.
[7/2016]
(2) The State Marriage Register may be kept in such form as the
Registrar may determine.
[7/2016]
(3) Any person may, upon application to the Registrar and upon
payment of the relevant prescribed fee, obtain a copy of or extract
from any record or information contained in the State Marriage
Register (including a copy or extract that is certified by the Registrar
to be a true copy or extract).
[7/2016]
Unlawful registers
32. No person other than the Registrar or a Deputy Registrar
may —
(a) keep any book being or purporting to be a register kept in
accordance with the provisions of this Act; or
(b) issue to any person any document being or purporting to be
a copy of a certificate of a marriage or a certificate of a
marriage registered by the Registrar or a Deputy Registrar.
PART 5
PENALTIES AND MISCELLANEOUS PROVISIONS
RELATING TO SOLEMNISATION AND
REGISTRATION OF MARRIAGES
Omission to appear before Deputy Registrar within prescribed
time
34.—(1) Any person who, being required by section 29 to appear
before a Deputy Registrar, fails to do so within the prescribed time
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $1,000 or to imprisonment for a term not exceeding
12 months or to both.
(2) The Registrar may compound any such offence by collecting
from the person reasonably suspected of having committed the
offence a sum not exceeding $400.
Contravention of section 32
35. Any person who contravenes section 32 shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding
$1,000 or to imprisonment for a term not exceeding 12 months or to
both and, in the case of a second or subsequent conviction, to a fine
not exceeding $2,000 or to imprisonment for a term not exceeding
2 years or to both.
Correction of errors
43.—(1) If the Registrar is satisfied by statutory declaration or
otherwise that any entry in the State Marriage Register, or in any
record or information contained in the State Marriage Register, is
erroneous in form or substance, the Registrar may correct the error.
[7/2016]
PART 6
RIGHTS AND DUTIES OF HUSBAND AND WIFE
Rights and duties
46.—(1) Upon the solemnisation of marriage, the husband and the
wife are mutually bound to cooperate with each other in safeguarding
the interests of the union and in caring and providing for the children.
(2) The husband and the wife have the right separately to engage in
any trade or profession or in social activities.
(3) The wife has the right to use her own surname and name
separately.
Conciliation Officers
48.—(1) The Minister may appoint such public officers as he or she
thinks fit to be Conciliation Officers for the purposes of this Act and
must publish in the Gazette the names of the officers so appointed.
(2) Where there are differences between the parties to a marriage,
the parties or either of them may refer the differences to a
Conciliation Officer for his or her advice and assistance.
(3) A Conciliation Officer may by written notice require any party
to a marriage to attend before him or her at any reasonable time and at
any convenient place for the purposes of settling differences between
the parties to the marriage, and such person is legally bound to attend
as required and to answer any questions relating to those differences,
truthfully and to the best of his or her ability.
(2) A court before which any proceedings under this Act are being
heard may, if the court considers that doing so is in the interests of the
parties and their children, at any stage in those proceedings direct or
advise any of the parties or their children —
(a) to attend mediation conducted by such person as every
party or child attending the mediation may agree or, failing
such agreement, as the court may appoint;
(b) to attend counselling provided by such person as the court
may direct; or
(c) to participate in such family support programme or activity
as the court may direct.
[7/2016]
(3A) A court before which any proceedings under Part 10 are being
heard is to, where the proceedings involve such classes of persons
(being persons who have children to the marriage) as may be
prescribed by the Minister, do either or both of the following:
(a) order the parties to attend mediation conducted by such
person as the court may appoint;
(b) order the parties or their children or both, at any stage in the
proceedings, to attend counselling provided by such person
as the court may direct.
[2/2011; 7/2016]
(3B) Despite subsection (3A), the court may, in any case where it
considers that it may not be in the interests of the parties or their
children to attend mediation or counselling (as the case may be),
dispense with an order requiring such mediation or counselling.
[2/2011]
(3C) Where the court has made an order under subsection (3A), the
parties concerned must comply with it.
[2/2011]
(3E) Without limiting subsection (3D), the further orders that may
be made by a court under that subsection include the following
orders:
(a) an order that proceedings be stayed until the parties have
attended such mediation or counselling, or participated in
such family support programme or activity, as may be
specified in any advice or direction made by the court
under subsection (2) or an order made by the court under
subsection (3A); and
(b) such order as to costs as the court thinks appropriate
against the party who fails to comply with any advice or
direction made by the court under subsection (2) or an
order made by the court under subsection (3A).
[2/2011; 7/2016]
claimed by her or him respectively nor while they are living apart as
to or concerning any act done by the husband or wife while they were
living together concerning property claimed by the wife or husband
respectively unless that property has been wrongly taken by the
husband or wife when leaving or deserting or about to leave or desert
the wife or husband respectively.
(4) In any action or proceeding by a woman or by a next friend on
her behalf, the court before which that action or proceeding is
pending has jurisdiction by judgment or order to order payment of the
costs of the opposite party out of property which is subject to a
restraint on anticipation, and may enforce such payment by the
appointment of a receiver and the sale of the property or otherwise as
is just.
(2) A woman mentioned in subsection (1) may be sued for any such
debt and for any liability in damages or otherwise under any such
contract or in respect of any such wrong.
(2) The court may, if either party so requires, hear any such
application in chambers.
[27/2014]
Protection order
65.—(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.
(2) An application for a protection order under this section, or for an
expedited order under section 66, may be made —
(a) by the family member concerned, if that family member is
not below 21 years of age and is not an incapacitated
person;
(b) by a guardian or relative or person responsible for the care
of the family member concerned, or by any person
Expedited order
66.—(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 even though —
(a) 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) the summons requires the respondent to appear at some
time or place.
(2) An expedited order does 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 ceases 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;
(b) the date of commencement of the hearing of the application
for an order under this section.
(3) Despite subsection (2), the court may extend the duration of the
expedited order.
PART 8
MAINTENANCE OF WIFE,
INCAPACITATED HUSBAND AND CHILDREN
[7/2016]
(1B) The court may make an order under subsection (1) or (1A)
regardless when the marriage was solemnised, whether before, on or
after 1 July 2016.
[7/2016]
(2) The court may, on due proof that a parent has neglected or
refused to provide reasonable maintenance for his or her child who is
unable to maintain himself or herself, order that parent to pay a
monthly allowance or a lump sum for the maintenance of that child.
[27/2014]
(5) The court shall not make an order under subsection (2) for the
benefit of a child who has attained 21 years of age 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.
(2A) The court may make an order under subsection (1)(d), (e) or
(f) even though any arrears of maintenance which gave rise to the
proceedings in which the order is made have been paid up in part or in
whole by the time the order is made.
[2/2011]
(2F) An order made by the court under subsection (1) is to state the
name, Singapore identity card number, contact number and address of
the person who has defaulted on any maintenance payment and the
complainant, except where the court determines it would be
inappropriate to do so in any particular case.
[2/2011]
Bankerʼs guarantee
71A.—(1) Where a person has been ordered by the court under
section 71(1)(d) to furnish a bankerʼs guarantee, that person must
hand the original bankerʼs guarantee to the person to whom
maintenance is owed (called in this section a maintenance
claimant) within one month from the date of the order.
[2/2011; 7/2016]
(2) Where —
(a) a maintenance claimant makes a demand on the bankerʼs
guarantee and no maintenance arrears are owing to the
claimant at the time of the demand; or
(b) the amount paid out under a bankerʼs guarantee to the
maintenance claimant exceeds the actual amount of
maintenance arrears owing to the maintenance claimant
at the time the maintenance claimantʼs demand was made
on the bankerʼs guarantee,
such amount as is payable or paid that is in excess of the amount of
maintenance arrears owing (called in this section the excess) shall be
(4) Where a refund is not made as required under subsection (3), the
maintenance defaulter may recover the amount due to the
maintenance defaulter under that subsection from the person liable
to make the refund as if the amount were a civil debt due to the
maintenance defaulter.
[2/2011; 7/2016]
Financial counselling
71B. Where a court has made an order under section 71(1)(e)
requiring a maintenance defaulter to attend financial counselling or
any other related programme but the maintenance defaulter fails to
comply with the order, any of the following persons may make a
complaint to the court regarding such non-compliance:
(a) the person who is to have provided the financial
counselling or conducted such related programme
ordered by the court;
(b) the Director-General, where the court has ordered a
maintenance defaulter to attend financial counselling or
such related programme under the direction or supervision
of the Director-General.
[2/2011; 30/2019]
(2) Even though a community service order has been made under
subsection (1), the court may, upon an application by a community
service officer and upon being satisfied that the maintenance
defaulter concerned is medically unfit to comply with the
community service order, rescind the order.
[2/2011]
(2) Without affecting 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
(2) The General Division of the High Court has power, by order in
any proceedings in the General Division of 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 Family Court to
rehear or determine the same.
[27/2014; 40/2019]
Appeal
77.—(1) Subject to the provisions of this Part and Part 7, an appeal
shall lie from any order or the refusal of any order by a Family Court
under this Part and Part 7 to the Family Division of the High Court
exercising appellate civil jurisdiction under section 23 of the Family
Justice Act 2014.
[27/2014]
(3) No appeal made under the provisions of this Part and Part 7
from any order shall operate as a stay of such order unless the General
Division of the High Court or the Family Court so directs.
[27/2014; 40/2019]
Procedure
79.—(1) The Family Justice Rules Committee constituted under
section 46(1) of the Family Justice Act 2014 may make Family
Justice Rules regulating and prescribing the procedure and practice to
be followed for the purposes of this Part and Part 7 and any matters
incidental to or relating to any such procedure or practice.
[7/2016]
(3) The Family Justice Rules may, instead of providing for any
matter under this Part or Part 7, refer to any provision made or to be
made about the matter by practice directions issued for the time being
by the registrar of the Family Justice Courts.
[7/2016]
(5) A court before which any application under this Part or Part 7 is
heard may make such order as to costs as it thinks fit.
[7/2016]
PART 9
ENFORCEMENT OF MAINTENANCE ORDERS
Interpretation of this Part
80. In this Part, unless the context otherwise requires —
“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 the defendant —
(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;
Costs of proceedings
90. 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.
Chapter 1
DIVORCE
Interpretation of this Part
92. In this Part, unless the context otherwise requires —
“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 are deemed to be husband
and wife;
“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 1 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.
[27/2014]
Parenting programme
94A.—(1) Every prescribed party must complete a parenting
programme within the time prescribed by rules made under
section 180.
[7/2016]
(5) A court hearing any proceedings for divorce may, if the court
considers that doing so is in the interests of the parties to the marriage
and any child of the marriage, at any stage in those proceedings order
either or both of the parties to the marriage to complete a parenting
programme.
[7/2016]
(6) Where any party who is required or ordered under this section to
complete a parenting programme fails to do so, the court may make
such orders as the court thinks fit.
[7/2016]
(7) Without limiting subsection (6), the orders which the court may
make under that subsection include the following orders:
(a) a stay of the proceedings for divorce until the defaulting
party in that subsection completes the parenting
programme;
(b) such order as to costs as the court thinks appropriate
against the defaulting party in that subsection.
[7/2016]
Intervention of Attorney-General
97.—(1) In the case of any proceedings for divorce —
(a) the court may, if it thinks fit, direct all necessary papers to
be sent to the Attorney-General, and the Attorney-General
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 or
she considers necessary or expedient.
(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.
Chapter 2
JUDICIAL SEPARATION
Judicial separation
101.—(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 applies, with the necessary
modifications, in relation to such a writ as it applies in relation to a
writ for divorce.
(2) Where a court grants a judgment of judicial separation, it is no
longer obligatory for the plaintiff to cohabit with the defendant.
(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.
Chapter 3
NULLITY OF MARRIAGE
Writ for nullity of marriage
104. Any husband or wife may file a writ claiming for a judgment
of nullity in respect of his or her marriage.
Chapter 4
FINANCIAL PROVISIONS
CONSEQUENT ON MATRIMONIAL
PROCEEDINGS
Power of court to order division of matrimonial assets
112.—(1) The court has 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.
(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;
(g) an order for the payment of a sum of money by one party to
the other party.
(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 must 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.
(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 has the same
(2) The court may make an order under this section regardless when
the marriage was solemnised, whether before, on or after 1 July 2016.
[7/2016]
Assessment of maintenance
114.—(1) In determining the amount of any maintenance to be paid
by a man to his wife or former wife, or by a woman to her
incapacitated husband or incapacitated former husband, the court
must have regard to all the circumstances of the case including the
following matters:
(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.
[7/2016]
Compounding of maintenance
116. An agreement for the payment, in money or other property, of
a capital sum in settlement of all future claims to maintenance, is not
effective until it has been approved, or approved subject to
conditions, by the court, but when so approved is a good defence
to any claim for maintenance.
Chapter 4A
FINANCIAL RELIEF
CONSEQUENTIAL ON FOREIGN
MATRIMONIAL PROCEEDINGS
Interpretation and application of this Chapter
121A.—(1) In this Chapter, unless the context otherwise
requires —
“applicant” means the person who applies for an order for
financial relief;
“country” includes a territory;
“judicial or other proceedings” includes acts which constitute
the means by which a divorce, an annulment of marriage or a
legal separation may be obtained in a country and which are
done in compliance with the law of that country;
“matrimonial asset” has the meaning given by section 112(10);
Jurisdiction of court
121C. The court has jurisdiction to hear an application for an order
for financial relief only if —
(a) one of the parties to the marriage was domiciled in
Singapore on the date of the application for leave under
section 121D or was so domiciled on the date on which the
divorce, annulment or judicial separation obtained in a
foreign country took effect in that country; or
(b) one of the parties to the marriage was habitually resident in
Singapore for a continuous period of one year immediately
preceding the date of the application for leave under
section 121D or was so resident for a continuous period of
one year immediately preceding the date on which the
divorce, annulment or judicial separation obtained in a
foreign country took effect in that country.
[2/2011]
(2) The court shall not grant leave unless it considers that there is
substantial ground for the making of an application for such an order.
[2/2011]
(3) The court may grant leave under this section even though an
order has been made by a court of competent jurisdiction in a foreign
country requiring the other party to the marriage to make any
payment or transfer any matrimonial asset to the applicant or a child
of the marriage.
[2/2011]
(2) An interim order under subsection (1) may be made for such
term, being a term beginning not earlier than the date of the grant of
leave and ending with the date of the determination of the application
for an order for financial relief, as the court thinks reasonable.
[2/2011]
(2) Sections 112(2) to (10), 114 to 121 and 127(2) apply, with the
necessary modifications, and as appropriate, to an order made under
subsection (1).
[2/2011]
(3) Upon the court making a secured order under subsection (1) or
at any time thereafter, the court may make any order which the court
could have made if the secured order had been made under
section 112, 115 or 127.
[2/2011]
Chapter 5
WELFARE OF CHILDREN
Meaning of “child”
122. In this Chapter, wherever the context so requires, “child”
means a child of the marriage as defined in section 92 but who is
below 21 years of age.
(2B) Without limiting subsection (2A), an order for the care and
control of a child may —
(a) contain conditions as to the place where the child is to
reside;
(b) provide for the child to visit a parent who does not have
custody or care and control of the child, or any member of
the family of a parent who is dead or does not have custody
or care and control of the child, at such times and for such
periods as the court may consider reasonable;
(c) give a parent who does not have custody or care and
control of the child, or any member of the family of a
parent who is dead or does not have custody or care and
control of the child, the right of access to the child at such
times and with such frequency as the court may consider
reasonable; or
(d) prohibit the person given care and control of the child from
taking the child out of Singapore.
[7/2016]
(3) Despite subsections (1) and (2A), where an order for custody, or
an order for care and control, is in force, a person must not take the
child who is the subject of the order out of Singapore, except with the
written consent of both parents or the leave of the court.
[7/2016]
(4) Subsection (3) does not prevent the taking out of Singapore for a
period of less than one month of the child by the person given
custody, or care and control, of the child or by any other person who
(2) The court may, on the application of any interested person, issue
an injunction restraining any person, other than a person having
custody, or care and control, of a child, from taking the child out of
Singapore.
[7/2016]
Chapter 6
GENERAL PROVISIONS
Procedure
133. Subject to the provisions of this Part, all proceedings under
this Part are regulated by the Family Justice Rules made under
section 139.
[27/2014]
Evidence
134.—(1) In proceedings under this Part, the parties and the
husbands and wives of such parties are competent and compellable to
give evidence.
(2) No witness whether a party to the proceedings or not shall be
liable to be asked or bound to answer any question tending to show
that he or she has been guilty of adultery unless such witness has
already given evidence in the same proceedings in disproof of his or
her alleged adultery.
135. [Repealed by Act 27 of 2014]
Appeals
137.—(1) All judgments and orders made by the court in
proceedings under this Part are to be enforced, and may be
appealed from, as if they were judgments or orders made by the
court in the exercise of its original civil jurisdiction.
(2) There shall be no appeal on the subject of costs only.
(3) The Family Justice Rules may, instead of providing for any
matter, refer to any provision made or to be made about that matter by
practice directions issued for the time being by the registrar of the
Family Justice Courts.
[27/2014]
(4) All Family Justice Rules made under this section must be
presented to Parliament as soon as possible after publication in the
Gazette.
[27/2014]
PART 11
OFFENCES AGAINST WOMEN AND GIRLS
Offences relating to prostitution
140.—(1) Any person who —
(a) sells, lets for hire or otherwise disposes of or buys or hires
or otherwise obtains possession of any woman or girl with
intent that she is to be employed or used for the purpose of
prostitution either within or without Singapore, or knowing
or having reason to believe that she will be so employed or
used;
(3) For the purposes of this section, it is presumed until the contrary
is proved that —
(a) a person who takes or causes to be taken into a brothel any
woman or girl has disposed of her with the intent or
knowledge mentioned in subsection (1)(a);
(b) a person who receives any woman or girl into a brothel has
obtained possession of her with the intent or knowledge
mentioned in subsection (1)(a);
(c) a person has detained a woman or girl in any brothel or
place against her will if, with intent to compel or induce her
to remain therein, that person —
(i) withholds from that woman or girl any wearing
apparel or any other property belonging to her or any
wearing apparel commonly or last used by her;
(ii) where wearing apparel or any other property has
been lent or hired out or supplied to that woman or
girl, threatens her with legal proceedings if she takes
away such wearing apparel or property; or
(iii) threatens that woman or girl with legal proceedings
for the recovery of any debt or alleged debt or uses
any other threat whatsoever.
(4) Despite section 79 of the Penal Code 1871, a reasonable mistake
as to the age of a girl is not a defence to a charge of an offence under
subsection (1)(i).
[15/2019]
Suppression of brothels
148.—(1) Any person who keeps, manages or assists in the
management of a brothel shall be guilty of an offence.
[36/2019]
(3) Any person who being the tenant, lessee, occupier or person in
charge of any place lets such place or any part thereof shall, despite
such letting, be guilty of an offence if the place or any part thereof is
used as a brothel, unless the person proves that, when entering into
the letting of that place or part thereof, the person had no knowledge
and could not with reasonable diligence have ascertained that the
place or part thereof is to be used as a brothel.
[36/2019]
(4) Any person who, being the owner of a place or the agent of an
owner of a place, lets the place or any part thereof shall, despite such
letting, be guilty of an offence if the place or part thereof is used as a
brothel, unless the person proves that, when entering into the letting
of that place or part thereof, the person had no knowledge and could
not with reasonable diligence have ascertained that the place or part
thereof is to be used as a brothel.
Examples of reasonable diligence
1. An owner of an apartment or an agent of the owner verifies the identity of a
prospective tenant and purpose of the tenancy through personal inspection of
the prospective tenant’s documents of identity (such as the NRIC, passport or
work permit) and has a face-to-face interview with the prospective tenant,
before entering into the tenancy agreement or allowing the prospective
tenant to start occupying the apartment.
2. A flat-owner who is not resident in Singapore engages an agent to verify the
identity of a prospective tenant of the flat and purpose of the tenancy through
personal inspection of the prospective tenant’s documents of identity (such
as the NRIC, passport or work permit) and a face-to-face interview with the
prospective tenant, and then verifies with the agent that those steps were
carried out, before the flat-owner authorises the entry into the tenancy
agreement for the flat or the occupation of the flat by the prospective tenant.
[36/2019]
(6) In any proceedings under this Part, any evidence given by any
police officer not below the rank of sergeant that any place has been
used as a brothel or a place of assignation is, until the contrary is
proved, deemed to be sufficient evidence of the fact.
(2) Where the owner of any place has terminated the lease or
contract of tenancy in accordance with subsection (1) and the
occupier has not delivered up possession of the place after such
termination, a Magistrate’s Court may, on the application of the
owner, make a summary order for the delivery of possession of the
place to the owner.
(3) If the occupier disobeys any order made by a Magistrate’s Court
under subsection (2), the occupier shall be liable to the penalty
prescribed in that behalf in section 188 of the Penal Code 1871.
(2) Whenever any such order is made, the court is not to be deemed
an open court, and the court must order that no person is to have
access to or be or remain in the court except such persons as are
necessary for the purpose of the proceedings.
(3) The court must order proceedings before it to be dealt with in
private in any case where the girl in respect of whom an offence
referred to in subsection (1) is alleged to have been committed has not
attained 16 years of age.
[Act 25 of 2021 wef 01/04/2022]
Trial of offences
154.—(1) All offences under this Part are triable by a District
Court.
[15/2010]
Inspection
157.—(1) The Director-General or any officer generally or
specially authorised in that behalf in writing by the
Director-General may at any time visit and inspect the place where
any woman or girl in respect of whom security has been furnished
under section 156 lives or is believed to live or to be.
[30/2019]
(2) The giving of such further security does not relieve any person
who furnished the security required by section 156 from any
obligation under the conditions of the bond entered into under that
section, other than the condition relating to departure from Singapore,
unless the public officer in the territory where such woman or girl
then resides obtains fresh security conditioned in the manner
specified in that section.
(3) A certificate under the hand of the public officer referred to in
subsection (1) that such woman or girl has not been brought before
(2) Where the situation warrants it, the person in charge of any
place of safety may receive into that place of safety any woman or girl
who makes an application to that person.
(3) Where the person in charge of a place of safety receives any
woman or girl into that place of safety in accordance with
subsection (2), that person must, within 48 hours of the admission
of the woman or girl, produce her before the Director-General with a
full report of the circumstances.
[30/2019]
(4) A woman or girl must not be received under this section into a
place of safety, or committed under subsection (1) to the care of a fit
individual, after the woman or girl attains 21 years of age or marries.
[7/2016]
(5) A woman or girl who has been received under this section into a
place of safety, or committed under subsection (1) to the care of a fit
individual, ceases to be in the care of the place of safety or fit
individual (as the case may be), after the woman or girl attains
21 years of age or marries.
[7/2016]
(2) Where an order has been made under section 160 for the
detention of a woman or girl in a place of safety, and it appears to the
Director-General that the taking of one of the following courses of
action is expedient in the interests of the woman or girl, the
Director-General may order the taking of that course of action:
(a) the transfer of the woman or girl from that place of safety to
another place of safety within Singapore;
(b) the discharge of the woman or girl from that place of safety,
and the commitment of the woman or girl to the care of a fit
individual.
[7/2016; 30/2019]
(3) Where an order has been made under section 160 for the
commitment of a woman or girl to the care of a fit individual, and it
appears to the Director-General that the taking of one of the following
courses of action is expedient in the interests of the woman or girl, the
Director-General may order the taking of that course of action:
(a) the transfer of the woman or girl from the care of that fit
individual to the care of another fit individual;
(b) the withdrawal of the woman or girl from the care of that fit
individual, and the detention of the woman or girl in a place
of safety within Singapore.
[7/2016; 30/2019]
place of safety under subsection (2), unless her lawful guardian has
given approval in writing for that transfer or discharge.
[7/2016]
Appeal
166. An appeal shall lie from any order made by the
Director-General under this Part to the Minister whose decision is
final and is not to be questioned in any court.
[30/2019]
every court without further proof and is evidence of the facts therein
stated, and all acts done pursuant to that warrant are deemed to have
been authorised by law.
(2) The person so summoned must attend at the time and place
specified in the summons and must produce all documents in the
person’s custody, possession or control relating to the woman or girl
or place (as the case may be) and must answer truthfully all questions
which the Director-General may put to the person respecting the
woman or girl or place or in any way relating to the matter being
inquired into, and where the inquiry relates to any woman or girl, the
person must also, if so required by the Director-General, produce the
woman or girl, unless the person is able to satisfy the
Director-General that he or she is unable to do so.
[30/2019]
(4) Any person summoned who fails to attend at the time and place
specified in the summons or to do any of the other acts referred to in
subsection (2) shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $500 or to imprisonment for a term
not exceeding 6 months or to both.
(5) The Director-General is not compellable in any judicial
proceedings to answer any questions as to the grounds of his or her
decision or belief in any case dealt with by him or her under this Part
or as to anything which came to his or her knowledge in any inquiry
made by him or her as Director-General.
[30/2019]
Power of search
173.—(1) The Director-General, or any public officer, being either
a police officer not below the rank of sergeant, an immigration officer
within the meaning of the Immigration Act 1959 or a public officer of
such department that the Minister is charged with responsibility for,
and being generally or specially authorised for that purpose in writing
by the Director-General, may enter, and for that purpose use force if
necessary, and search —
(a) any place where the Director-General, person or officer has
reasonable cause to believe that an offence under this Part
has been or is being committed; and
(b) any person in that place,
and may remove any woman or girl who is or may be liable to be dealt
with under section 156, 159 or 160 to a place of safety to be there
detained until her case is inquired into, except that no woman may be
searched other than by a woman.
[25/2012; 30/2019]
(2) All acts done pursuant to such warrant or summons are deemed
to have been authorised by law.
Boards of Visitors
178.—(1) The Minister may, by notification in the Gazette, appoint
for every place of safety a Board of Visitors to advise and make
recommendations to the Director-General on such matters as he or
she may refer to it.
[30/2019]
Discharge Committees
179.—(1) The Minister may appoint for every place of safety a
Discharge Committee which must advise and make
recommendations to the Director-General on the discharge and
aftercare of women and girls in such place of safety.
[30/2019]
be) shall thereupon become void as from that date but without
prejudice to the validity of anything previously done thereunder or to
the making of new rules.
[27/2014]
(3) Any person who contravenes any rules made under this section
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding $500 or to imprisonment for a term not exceeding
6 months or to both.
[27/2014]
(3) No liability shall lie personally against any person who, acting
in good faith and with reasonable care, does or omits to do anything in
a place of safety in the discharge or purported discharge of —
(a) any direction given by the Director-General under this Act;
or
(2) Such marriages, if valid under the law, religion, custom or usage
under which they were solemnised, are deemed to be registered under
the provisions of this Act.
(3) Every such marriage, unless void under the law, religion,
custom or usage under which it was solemnised, shall continue until
dissolved —
(a) by the death of one of the parties;
(b) by order of a court of competent jurisdiction; or
(c) by a declaration made by a court of competent jurisdiction
that the marriage is null and void.
SECOND SCHEDULE
Sections 13(1) and 17(2)
PART 2
ORDINANCE NO. 143 (WOMEN AND GIRLS PROTECTION)
(1926 REVISED EDITION)
13. Ordinance XXIII of 1870 — Contagious Diseases Ordinance, 1870
Bill : S.S.G.G. No. 42/1870
First Reading : 3 October 1870
Second Reading : 11 November 1870
Notice of Amendments : 28 November 1870
Third Reading : 1 December 1870
PART 3
CHRISTIAN MARRIAGE ORDINANCE
(CHAPTER 37, 1955 REVISED EDITION)
33. Ordinance 10 of 1940 — Christian Marriage Ordinance, 1940
Bill : G.N. No. 3464/1939
First Reading : 8 November 1939
Second Reading : 12 February 1940
Notice of Amendments : 12 February 1940
Third Reading : 12 February 1940
Commencement : 1 January 1941
PART 6
DIVORCE ORDINANCE
(CHAPTER 40, 1955 REVISED EDITION)
59. Ordinance XXV of 1910 — The Divorce Ordinance 1910
Bill : G.N. No. 761/1910
First Reading : 19 August 1910
Second Reading : 2 September 1910
Notice of Amendments : 30 September 1910
Third Reading : 30 September 1910
Commencement : 1 January 1912
60. Ordinance V of 1911 — The Divorce Ordinance 1910 Amendment
Ordinance 1911
Bill : G.N. No. 379/1911
First Reading : 24 March 1911
Second Reading : 31 March 1911
Third Reading : 28 April 1911
Commencement : 1 January 1912
61. 1920 Revised Edition — Ordinance No. 123 (Divorce)
Operation : 28 November 1921
62. 1926 Revised Edition — Ordinance No. 123 (Divorce)
Operation : 1 August 1926
PART 8
MARRIED WOMEN AND CHILDREN (MAINTENANCE) ORDINANCE
(CHAPTER 44, 1955 REVISED EDITION)
75. Ordinance 26 of 1949 — Married Women and Children (Maintenance)
Ordinance, 1949
Bill : G.N. No. S 243/1949
First Reading : 21 June 1949
Second and Third Readings : 28 July 1949
Commencement : 10 August 1949
76. 1955 Revised Edition — Married Women and Children (Maintenance)
Ordinance (Chapter 44)
Operation : 1 July 1956
PART 9
MARRIED WOMEN’S PROPERTY ORDINANCE
(CHAPTER 45, 1955 REVISED EDITION)
77. Ordinance XI of 1902 — Married Women’s Property Ordinance
Bill : G.N. No. 151/1902
First Reading : 28 January 1902
Second Reading : 4 February 1902
Notice of Amendments : 15 April 1902
Third Reading : 22 April 1902
PART 10
WOMEN AND GIRLS PROTECTION ORDINANCE
(CHAPTER 126, 1955 REVISED EDITION)
82. Ordinance 15 of 1930 — Women and Girls Protection Ordinance, 1930
Bill : G.N. No. 1243/1930
First Reading : 7 July 1930
Second Reading : 25 August 1930
Notice of Amendments : 25 August 1930
Third Reading : 29 September 1930
Commencement : 14 October 1930
83. Ordinance 24 of 1932 — Women and Girls Protection (Amendment)
Ordinance, 1932
Bill : G.N. No. 1966/1932
First Reading : 19 October 1932
Second and Third Readings : 5 December 1932
Commencement : 1 February 1933
84. Ordinance 27 of 1935 — Women and Girls Protection (Amendment)
Ordinance, 1935
Bill : G.N. No. 1218/1935
First Reading : 17 June 1935