PART 10 | 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; |
| “originating application” means an originating application 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. [Act 18 of 2023 wef 15/10/2024] [27/2014] |
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| Jurisdiction of court in matrimonial proceedings |
93.—(1) Subject to subsection (2), the court has jurisdiction to hear proceedings for divorce, presumption of death and divorce, judicial separation or nullity of marriage only if either of the parties to the marriage is —| (a) | domiciled in Singapore at the time of the commencement of the proceedings; or | | (b) | habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings. |
| (2) In proceedings for nullity of marriage on the ground that the marriage is void or voidable, the court may, even though the requirements in subsection (1) are not fulfilled, grant the relief sought where both parties to the marriage reside in Singapore at the time of the commencement of the proceedings. |
| (3) For the purposes of proceedings for nullity of marriage, “marriage” includes a marriage which is not valid by virtue of any of the provisions of this Act. |
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| Restriction on filing of originating application for divorce during first 3 years of marriage |
| 94.—(1) No originating application for divorce is to be filed in the court unless at the date of the filing of the originating application 3 years have passed since the date of the marriage. [Act 18 of 2023 wef 15/10/2024] (2) The court may, upon application being made in accordance with the Family Justice Rules made under section 139, allow an originating application to be filed before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the applicant or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the proceedings that the applicant obtained permission to file the originating application by any misrepresentation or concealment of the nature of the case, the court may — | (a) | if it grants an interim judgment, do so subject to the condition that no application to make the judgment final may be made until after the expiration of 3 years from the date of the marriage; or | | (b) | dismiss the proceedings without prejudice to any proceedings which may be brought after the expiration of the said 3 years upon the same, or substantially the same, facts as those proved in support of the proceedings so dismissed. [27/2014] [Act 18 of 2023 wef 15/10/2024] [Act 25 of 2021 wef 15/10/2024] |
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| (3) In determining any application under this section for permission to file an originating application before the expiration of 3 years from the date of the marriage, the court is to have regard to the interest of any child of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said 3 years. [Act 18 of 2023 wef 15/10/2024] [Act 25 of 2021 wef 15/10/2024] |
| (4) The court may, before determining an application under this section, refer the differences between the parties to a conciliation officer so that a reconciliation between the parties might be effected. [Act 3 of 2022 wef 30/12/2022] |
| (5) Nothing in this section is deemed to prohibit the filing of an originating application based upon matters which have occurred before the expiration of 3 years from the date of the marriage. [Act 18 of 2023 wef 15/10/2024] |
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| 94A.—(1) Every prescribed party must complete a parenting programme within the time prescribed by rules made under section 180. [7/2016] | (2) For the purposes of subsection (1), different times may be prescribed for different prescribed parties. [7/2016] |
(3) No originating application for divorce, and no cross‑application in proceedings for divorce, is to be filed in the court by a prescribed party, unless the prescribed party —| (a) | has completed a parenting programme; | | (b) | is an excluded party; or | | (c) | is allowed by the court under subsection (4) to do so. [7/2016] [Act 18 of 2023 wef 15/10/2024] |
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(4) Despite subsection (3)(a) and (b), even though a prescribed party has not completed a parenting programme and is not an excluded party, a court may —| (a) | upon the application of the prescribed party, and on such terms as the court thinks fit, allow the prescribed party to file in the court an originating application for divorce; and [Act 18 of 2023 wef 15/10/2024] | | (b) | upon the application of the prescribed party or on the court’s own motion, and on such terms as the court thinks fit, allow the prescribed party to file in the court a cross‑application in proceedings for divorce. [7/2016] [Act 18 of 2023 wef 15/10/2024] |
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| (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] |
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| (8) Anything said, any document prepared, and any information provided, by any person for the purposes of or in the course of participating in a parenting programme is not to be admitted in evidence in any court. [7/2016] |
(9) The Minister may —| (a) | determine the form, contents and duration of a parenting programme; and | | (b) | appoint any person to conduct a parenting programme. [7/2016] |
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| (10) Each person appointed under subsection (9)(b) to conduct a parenting programme is to determine whether any person who attends that programme has completed that programme. [7/2016] |
| (11) Any person who is dissatisfied with a determination under subsection (10) may appeal to the Minister, whose decision is final. [7/2016] |
(12) The Minister may designate the following persons to consider and determine, in his or her place, any appeal under subsection (11):| (a) | any Minister of State or Senior Minister of State, for his or her Ministry; | | (b) | any Parliamentary Secretary or Senior Parliamentary Secretary, for his or her Ministry, |
| and any reference in that subsection to the Minister includes a reference to the Minister of State or Senior Minister of State, or the Parliamentary Secretary or Senior Parliamentary Secretary, so designated for that appeal. |
[7/2016] |
| (13) No liability shall lie personally against any person appointed under subsection (9)(b) to conduct a parenting programme who, acting in good faith and with reasonable care, does or omits to do anything for the purposes of that parenting programme. [7/2016] |
(14) In this section —| “excluded party” means a prescribed party who is exempted, by rules made under section 180, from subsection (1); |
“parenting programme” means a programme —| (a) | which provides information on matters relating to marriage, divorce and how divorce may affect a child of a marriage; and | | (b) | the form, contents and duration of which are determined by the Minister under subsection (9)(a); |
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| “prescribed party” means a party to a marriage who is prescribed, by rules made under section 180, for the purposes of this section. [7/2016] |
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| Divorce may be granted only if marriage has irretrievably broken down, etc. |
95.—(1) Either party to a marriage may apply to the court for a divorce.(2) A divorce is to be granted if and only if the court is satisfied that —| (a) | the marriage has irretrievably broken down; [Act 21 of 2023 wef 01/07/2024] | | (b) | if the applicant is relying on section 95A(1)(a), (b) or (c) — the applicant is not relying on his or her own adultery, behaviour or desertion, as the case may be; and [Act 21 of 2023 wef 01/07/2024] | | (c) | 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. [Act 21 of 2023 wef 01/07/2024] |
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| (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). [Act 3 of 2022 wef 01/07/2024] |
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| What constitutes the irretrievable breakdown of a marriage |
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. |
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| (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. |
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(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. |
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(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. |
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| (7) In this section, “live together” means live together in the same household. [Act 3 of 2022 wef 01/07/2024] |
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| Rules to provide for agreements to be referred to court |
| 96. Provision may be made by the Family Justice Rules made under section 139 for enabling the parties to a marriage, or either of them, on application made either before or after the filing of the originating application for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of, or is connected with, the proceedings for divorce which are contemplated or have begun (as the case may be), and for enabling the court to express an opinion, should the court think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions (if any) in the matter as the court thinks fit. [27/2014] [Act 18 of 2023 wef 15/10/2024] |
| 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. |
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| Relief for other party in divorce proceedings |
98.—(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. |
| (2) The court may give to Y any relief to which Y would be entitled if Y had applied for a divorce. [Act 3 of 2022 wef 01/07/2024] |
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| Interim judgment and proceedings thereafter |
99.—(1) Every judgment of divorce is in the first instance an interim judgment and must not be made final before the expiration of 3 months from its grant unless the court by general or special order from time to time fixes a shorter period.(2) Where a judgment of divorce has been granted but not made final, then without prejudice to section 97, any person may show cause why the judgment should not be made final by reason of the material facts not having been brought before the court, and in such a case the court may —| (a) | notwithstanding subsection (1), make the judgment final; | | (b) | rescind the interim judgment; | | (c) | require further inquiry; or | | (d) | otherwise deal with the case as it thinks fit. |
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(3) Where an interim judgment of divorce has been granted and no application for it to be made final has been made by the party to whom it was granted, then, at any time after the expiration of 3 months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court and on that application the court may —| (a) | notwithstanding subsection (1), make the judgment final; | | (b) | rescind the interim judgment; | | (c) | require further inquiry; or | | (d) | otherwise deal with the case as it thinks fit. |
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| Proceedings for interim judgment of presumption of death and divorce |
| 100.—(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may file an originating application to have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make an interim judgment of presumption of death and of divorce. [Act 18 of 2023 wef 15/10/2024] | (2) In any such proceedings, the fact that for a period of 7 years or more the other party to the marriage has been continually absent from the applicant, and the applicant has no reason to believe that the other party has been living within that time, is evidence that the other party is dead until the contrary is proved. [Act 18 of 2023 wef 15/10/2024] |
| (3) Section 99 applies to an originating application and a judgment under this section as it applies to an originating application for divorce and a judgment of divorce, respectively. [Act 18 of 2023 wef 15/10/2024] |
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| Rescission of interim judgment in certain circumstances where one party misled by other party |
100A.—(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). |
(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. [Act 3 of 2022 wef 01/07/2024] |
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| CHAPTER 2 — JUDICIAL SEPARATION |
| 101.—(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. [Act 3 of 2022 wef 01/07/2024] | (2) Where a court grants a judgment of judicial separation, it is no longer obligatory for the applicant to cohabit with the respondent. [Act 18 of 2023 wef 15/10/2024] |
| (3) The court may, on an application by an originating application of the spouse against whom a judgment of judicial separation has been made and on being satisfied that the allegations in the originating application are true, rescind the judgment at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the judgment, that there was reasonable cause for the alleged desertion. [Act 18 of 2023 wef 15/10/2024] |
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| Judicial separation no bar to originating application for divorce |
| 102.—(1) A person is not prevented from filing an originating application for divorce, or the court from pronouncing a judgment of divorce, by reason only that the applicant or respondent has at any time been granted a judicial separation upon the same or substantially the same facts as those proved in support of the originating application for divorce. [Act 18 of 2023 wef 15/10/2024] | (2) On any such originating application for divorce, the court may treat the judgment of judicial separation as sufficient proof of the adultery, desertion or other ground on which it was granted, but the court must not grant a judgment of divorce without receiving evidence from the applicant. [Act 18 of 2023 wef 15/10/2024] |
| (3) For the purposes of any such originating application for divorce, a period of desertion immediately preceding the institution of proceedings for a judgment of judicial separation is, if the parties have not resumed cohabitation and the judgment has been continuously in force since it was granted, deemed immediately to precede the filing of the originating application for divorce. [Act 18 of 2023 wef 15/10/2024] |
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| Judicially separated spouses not entitled to claim in intestacy of each other |
| 103. If, while a judgment of judicial separation is in force and the separation is continuing, either of the parties whose marriage is the subject of the judgment dies intestate after 1 June 1981, all or any of his or her movable or immovable property devolves as if the other party to the marriage had been then dead. |
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| CHAPTER 3 — NULLITY OF MARRIAGE |
| Originating application for nullity of marriage |
| 104. Any husband or wife may file an originating application for nullity in respect of his or her marriage. [Act 18 of 2023 wef 15/10/2024] |
| Grounds on which marriage is void |
105. A marriage which takes place after 1 June 1981 is void on the following grounds only:| (a) | that it is not a valid marriage by virtue of sections 3(4), 5, 9, 10, 11, 12 and 13; [Act 3 of 2022 wef 25/09/2023] | | (aa) | where the marriage was solemnised on or after 1 October 2016, that it is not a valid marriage by virtue of section 11A. [Act 3 of 2022 wef 30/12/2022] | | (b) | [Deleted by Act 3 of 2022 wef 30/12/2022] |
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| Grounds on which marriage is voidable |
106. A marriage which takes place after 1 June 1981 is voidable on the following grounds only:| (a) | that the marriage has not been consummated owing to the incapacity of either party to consummate it; | | (b) | that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; [Act 18 of 2023 wef 15/10/2024] | | (c) | that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, mental disorder or otherwise; | | (d) | that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act 2008 of such a kind or to such an extent as to be unfit for marriage; | | (e) | that at the time of the marriage the respondent was suffering from venereal disease in a communicable form; [Act 18 of 2023 wef 15/10/2024] | | (f) | that at the time of the marriage the respondent was pregnant by some person other than the applicant. [21/2008] [Act 18 of 2023 wef 15/10/2024] |
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| Bars to relief where marriage is voidable |
107.—(1) The court shall not, in proceedings instituted after 1 June 1981, grant a judgment of nullity on the ground that a marriage is voidable (whether the marriage took place before or after that date) if the respondent satisfies the court that —| (a) | the applicant, with knowledge that it was open to him or her to have the marriage avoided, so conducted himself or herself in relation to the respondent as to lead the respondent reasonably to believe that the applicant would not seek to do so; and [Act 18 of 2023 wef 15/10/2024] | | (b) | it would be unjust to the respondent to grant the judgment. [Act 18 of 2023 wef 15/10/2024] |
| (2) Without prejudice to subsection (1), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(c), (d), (e) or (f) unless it is satisfied that proceedings were instituted within 3 years from the date of the marriage. |
| (3) Without prejudice to subsections (1) and (2), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(e) or (f) unless it is satisfied that the applicant was, at the time of the marriage, ignorant of the facts alleged. [Act 18 of 2023 wef 15/10/2024] |
| (4) Subsection (1) replaces, in relation to the grounds mentioned in section 106, any rule of law whereby a judgment may be refused by reason of approbation, ratification or lack of sincerity on the part of the applicant or on similar grounds. [Act 18 of 2023 wef 15/10/2024] |
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| Marriage governed by foreign law |
108.—(1) Where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Singapore, nothing in section 105, 106 or 107 —| (a) | precludes the determination of the matter as aforesaid; or | | (b) | requires the application to the marriage of the grounds or bars to relief mentioned in those sections except so far as are applicable in accordance with those rules. [Act 3 of 2022 wef 30/12/2022] |
(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. [Act 3 of 2022 wef 30/12/2022] |
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| Application of sections 97 and 99 to nullity proceedings |
| 109. Sections 97 and 99 apply in relation to proceedings for nullity of marriage as if for any reference in those sections to divorce there were substituted a reference to nullity of marriage. |
| Effect of judgment of nullity in case of voidable marriage |
| 110.—(1) If the court finds that the applicant’s case has been proved, it shall grant a judgment of nullity. [Act 18 of 2023 wef 15/10/2024] | (2) A judgment of nullity granted after 1 June 1981 on the ground that a marriage is voidable operates to annul the marriage only as respects any time after the judgment has been made final, and the marriage shall, despite the judgment, be treated as if it had existed up to that time. |
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| Legitimacy of children of annulled marriages |
111.—(1) Where a marriage is annulled, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the judgment is deemed to be their legitimate child, despite the annulment.| (2) The child of a void marriage born on or after 2 May 1975 is deemed to be the legitimate child of his or her parents if, at the date of such void marriage, both or either of the parties reasonably believed that the marriage was valid. |
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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.(2) It is the duty of the court in deciding whether to exercise its powers under subsection (1) and, if so, in what manner, to have regard to all the circumstances of the case, including the following matters:| (a) | the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets; | | (b) | any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage; | | (c) | the needs of the children (if any) of the marriage; | | (d) | the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party; | | (e) | any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; | | (f) | any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party; | | (g) | the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business; and | | (h) | the matters referred to in section 114(1) so far as they are relevant. |
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| (3) The court may make all such other orders and give such directions as may be necessary or expedient to give effect to any order made under this section. |
| (4) The court may, at any time it thinks fit, extend, vary, revoke or discharge any order made under this section, and may vary any term or condition upon or subject to which any such order has been made. |
(5) In particular, but without limiting subsections (3) and (4), the court may make any one or more of the following orders:| (a) | an order for the sale of any matrimonial asset or any part thereof, and for the division, vesting or settlement of the proceeds; | | (b) | an order vesting any matrimonial asset owned by both parties jointly in both the parties in common in such shares as the court considers just and equitable; | | (c) | an order vesting any matrimonial asset or any part thereof in either party; | | (d) | an order for any matrimonial asset, or the sale proceeds thereof, to be vested in any person (including either party) to be held on trust for such period and on such terms as may be specified in the order; | | (e) | an order postponing the sale or vesting of any share in any matrimonial asset, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order; | | (f) | an order granting to either party, for such period and on such terms as the court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; | | (g) | an order for the payment of a sum of money by one party to the other party. |
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| (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 force and validity as if it had been executed by the person in whom the asset is vested. |
| (8) Any order under this section may be made upon such terms and subject to such conditions (if any) as the court thinks fit. |
| (9) Where the court, by any order under this section, appoints a person (including the Registrar or other officer of the court) to act as a trustee or to sell any matrimonial asset and to divide, apply and settle the proceeds thereof, the court may make provision in that order for the payment of remuneration to that person and for the reimbursement of that person’s costs and expenses. |
(10) In this section, “matrimonial asset” means —| (a) | any asset acquired before the marriage by one party or both parties to the marriage —| (i) | ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or | | (ii) | which has been substantially improved during the marriage by the other party or by both parties to the marriage; and |
| | (b) | any other asset of any nature acquired during the marriage by one party or both parties to the marriage, |
| but does not include any asset (not being a matrimonial home) that has been acquired by one party at any time by gift or inheritance and that has not been substantially improved during the marriage by the other party or by both parties to the marriage. |
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| Power of court to order maintenance |
113.—(1) The court may order a man to pay maintenance to his wife or former wife, or order a woman to pay maintenance to her incapacitated husband or incapacitated former husband —| (a) | during the course of any matrimonial proceedings; or | | (b) | when granting or subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage. [7/2016] |
| (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] |
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| 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] |
| (2) In exercising its powers under this section, the court is to endeavour to place the parties, so far as it is practicable and, having regard to their conduct, just to do so, in the financial position in which they would have been if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards the other. |
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| Power of court to order security for maintenance |
115.—(1) A maintenance order may provide for the payment of a lump sum or such periodical payment as the court may determine.| (2) The court may, when awarding maintenance, order the person liable to pay such maintenance to secure the whole or any part of it by vesting any property in trustees upon trust to pay the maintenance or part thereof out of the income from that property and, subject thereto, in trust for the settlor. |
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| 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. |
| Duration of orders for maintenance |
117. Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, an order for maintenance expires —| (a) | if the maintenance was unsecured —| (i) | on the death of either spouse or former spouse; | | (ii) | in the case of maintenance payable to a former wife — upon her remarriage; or | | (iii) | in the case of maintenance payable to an incapacitated former husband — upon his remarriage; or |
| | (b) | if the maintenance was secured —| (i) | in the case of maintenance payable to a wife — on her death; | | (ii) | in the case of maintenance payable to a former wife — on her death or upon her remarriage; | | (iii) | in the case of maintenance payable to an incapacitated husband — on his death; or | | (iv) | in the case of maintenance payable to an incapacitated former husband — on his death or upon his remarriage. [7/2016] |
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| Power of court to vary orders for maintenance |
| 118. The court may at any time vary or rescind any subsisting order for maintenance, whether secured or unsecured, on the application of the person in whose favour or of the person against whom the order was made, or, in respect of secured maintenance, of the legal personal representatives of the latter, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances. |
| Power of court to vary agreements for maintenance |
| 119. Subject to section 116, the court may at any time and from time to time vary the terms of any agreement as to maintenance made between husband and wife, whether made before or after 1 June 1981, where it is satisfied that there has been any material change in the circumstances and despite any provision to the contrary in any such agreement. |
| Maintenance payable under order of court to be inalienable |
| 120. Maintenance payable to any person under any order of court is not assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatsoever. |
| Recovery of arrears of maintenance |
| 121.—(1) Subject to subsection (3), arrears of unsecured maintenance, whether payable by arrangement or under an order of court, are recoverable as a debt from the defaulter and, where they accrued due before the making of a bankruptcy order against the defaulter, are provable in the defaulter’s bankruptcy and, where they accrued due before the defaulter’s death, are a debt due from the defaulter’s estate. [7/2016] | (2) Subject to subsection (3), arrears of unsecured maintenance which accrued due before the death of the person entitled thereto are recoverable as a debt by the legal personal representatives of such person. |
| (3) No amount owing as maintenance is recoverable in any suit if it accrued due more than 3 years before the institution of the suit unless the court, under special circumstances, otherwise allows. |
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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); |
| “order for financial relief” means an order made under section 121G of a description mentioned in that section. [2/2011] |
| (2) This Chapter only applies to proceedings, decrees, orders or judgments commenced, made or given (as the case may be) on or after 1 June 2011. [2/2011] |
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| Applications for financial relief after overseas divorce, etc. |
121B. Where —| (a) | a marriage has been dissolved or annulled, or the parties to a marriage have been legally separated, by means of judicial or other proceedings in a foreign country; and | | (b) | the divorce, annulment or judicial separation is entitled to be recognised as valid in Singapore under Singapore law, |
| either party to the marriage may apply to the court in the manner prescribed in the Family Justice Rules made under section 139 for an order for financial relief under this Chapter. |
[2/2011; 27/2014] |
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 permission 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 [Act 25 of 2021 wef 15/10/2024] | | (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 permission 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] [Act 25 of 2021 wef 15/10/2024] |
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| Permission of court required for applications for financial relief |
| 121D.—(1) No application for an order for financial relief is to be made unless the permission of the court has been obtained in accordance with the Family Justice Rules made under section 139. [2/2011; 27/2014] [Act 25 of 2021 wef 15/10/2024] | (2) The court shall not grant permission unless it considers that there is substantial ground for the making of an application for such an order. [2/2011] [Act 25 of 2021 wef 15/10/2024] |
| (3) The court may grant permission 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] [Act 25 of 2021 wef 15/10/2024] |
| (4) Permission under this section may be granted subject to such conditions as the court thinks fit. [2/2011] [Act 25 of 2021 wef 15/10/2024] |
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| Interim orders for financial provision |
121E.—(1) Where permission is granted under section 121D and it appears to the court that the applicant or any child of the marriage is in immediate financial need, the court may make an interim order for —| (a) | a man to make financial provision for his wife or former wife (as the case may be) or any child of the marriage; | | (aa) | a woman to make financial provision for her incapacitated husband or incapacitated former husband (as the case may be) or for any child of the marriage; or | | (b) | a parent to make financial provision for any child of the marriage. [2/2011; 7/2016] [Act 25 of 2021 wef 15/10/2024] |
| (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 permission and ending with the date of the determination of the application for an order for financial relief, as the court thinks reasonable. [2/2011] [Act 25 of 2021 wef 15/10/2024] |
| (3) An interim order under subsection (1) may be made subject to such conditions as the court thinks fit. [2/2011] |
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| Duty of court to consider whether Singapore is appropriate forum for application |
| 121F.—(1) Before making an order for financial relief, the court is to consider whether in all the circumstances of the case, it would be appropriate for such an order to be made by a court in Singapore, and if the court is not satisfied that it would be appropriate, the court must dismiss the application. [2/2011] (2) The court is to, in particular, have regard to the following matters:| (a) | the connection which the parties to the marriage have with Singapore; | | (b) | the connection which those parties have with the country in which the marriage was dissolved or annulled or in which judicial separation was obtained; | | (c) | the connection which those parties have with any other foreign country; | | (d) | any financial benefit which the applicant or a child of the marriage has received, or is likely to receive, in consequence of the divorce, annulment or judicial separation, by virtue of any agreement or the operation of the law of a foreign country; | | (e) | in a case where 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 property for the benefit of the applicant or a child of the marriage, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with; | | (f) | any right which the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any foreign country, and if the applicant has omitted to exercise that right, the reason for that omission; | | (g) | the availability in Singapore of any matrimonial asset in respect of which an order made under section 121G in favour of the applicant could be made; | | (h) | the extent to which any order made under section 121G is likely to be enforceable; | | (i) | the length of time which has elapsed since the date of the divorce, annulment or judicial separation. [2/2011] |
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| Orders for financial relief |
| 121G.—(1) On an application by a party to a marriage for an order for financial relief, the court may make any one or more of the orders which it could have made under section 112, 113 or 127(1) in the like manner as if a decree of divorce, nullity or judicial separation in respect of the marriage had been granted in Singapore. [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] |
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| CHAPTER 5 — WELFARE OF CHILDREN |
| 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. |
| Arrangements for welfare of children |
123.—(1) Subject to this section, the court shall not make final any judgment of divorce or nullity of marriage or grant a judgment of judicial separation unless the court is satisfied as respects every child —| (a) | that arrangements have been made for the welfare of the child and that those arrangements are satisfactory or are the best that can be devised in the circumstances; or | | (b) | that it is impracticable for the party or parties appearing before the court to make any such arrangements. |
(2) The court may, if it thinks fit, proceed without observing the requirements of subsection (1) if —| (a) | it appears that there are circumstances making it desirable that the interim judgment be made final or (as the case may be) that the judgment of judicial separation should be granted without delay; and | | (b) | the court has obtained a satisfactory undertaking from either or both of the parties to bring the question of the arrangements for the child before the court within a specified time. |
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| (3) In this section and section 124, “welfare”, in relation to a child, includes the custody and education of the child and financial provision for him or her. |
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| Orders on welfare of children |
| 124. In any proceedings for divorce, judicial separation or nullity of marriage, the court may, at any stage of the proceedings, or after a final judgment has been granted, make such orders as it thinks fit with respect to the welfare of any child and may vary or discharge the said orders, and may, if it thinks fit, direct that proceedings be commenced for placing the child under the protection of the court. [7/2016] |
| Paramount consideration to be welfare of child |
| 125.—(1) The court may at any time by order place a child in the custody, or in the care and control, of the child’s father or mother or (where there are exceptional circumstances making it undesirable that the child be entrusted to either parent) of any other relative of the child or of any organisation or association the objects of which include child welfare, or of any other suitable person. [7/2016] (2) In deciding in whose custody, or in whose care and control, a child should be placed, the paramount consideration is to be the welfare of the child and subject to this, the court is to have regard —| (a) | to the wishes of the parents of the child; and | | (b) | to the wishes of the child, where he or she is of an age to express an independent opinion. [7/2016] |
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| Orders subject to conditions |
126.—(1) An order for custody may be made subject to such conditions as the court may think fit to impose and, subject to such conditions (if any) as may from time to time apply, entitles the person given custody to decide all questions relating to the upbringing and education of the child.(2) Without limiting subsection (1), an order for custody may —| (a) | contain conditions as to the place where the child is to reside, as to the manner of his or her education and as to the religion in which he or she is to be brought up; | | (b) | provide for the child to be temporarily in the care and control of some person other than the person given custody; | | (c) | provide for the child to visit a parent deprived of custody, or any member of the family of a parent who is dead or has been deprived of custody, at such times and for such periods as the court may consider reasonable; | | (d) | give a parent deprived of custody or any member of the family of a parent who is dead or has been deprived of custody the right of access to the child at such times and with such frequency as the court may consider reasonable; or | | (e) | prohibit the person given custody from taking the child out of Singapore. |
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| (2A) An order for the care and control of a child may be made subject to such conditions as the court may think fit to impose. [7/2016] |
(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] |
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| (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 permission of the court. [7/2016] [Act 25 of 2021 wef 15/10/2024] |
| (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 has the written consent of the person given custody, or care and control, of the child to take the child out of Singapore. [7/2016] |
| (5) Any person who contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Power of court to order maintenance for children |
127.—(1) During the pendency of any matrimonial proceedings or when granting or at any time subsequent to the grant of a judgment of divorce, judicial separation or nullity of marriage, the court may order a parent to pay maintenance for the benefit of his or her child in such manner as the court thinks fit.| (2) The provisions of Parts 8 and 9 apply, with the necessary modifications, to an application for maintenance and a maintenance order made under subsection (1). |
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| Power of court to vary order for custody, etc. |
| 128. The court may at any time vary or rescind any order for the custody, or the care and control, of a child on the application of any interested person, where it is satisfied that the order was based on any misrepresentation or mistake of fact or where there has been any material change in the circumstances. [7/2016] |
| Power of court to vary agreement for custody, etc. |
| 129. The court may, at any time and from time to time, vary the terms of any agreement relating to the custody, or the care and control, of a child, regardless when the agreement was made, despite any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so. [7/2016] |
| Court to have regard to advice of welfare officers, etc. |
| 130. When considering any question relating to the custody, or the care and control, of any child, the court is to, whenever it is practicable, have regard to the advice of a person, whether or not a public officer, who is trained or experienced in child welfare but is not bound to follow such advice. [2/2011; 7/2016] |
| Power of court to restrain taking of child out of Singapore |
131.—(1) The court may, on the application of the father or mother of a child —| (a) | where any matrimonial proceedings are pending; or | | (b) | where, under any agreement or order of court, one parent has custody, or care and control, of the child to the exclusion of the other, |
| issue an injunction restraining the other parent from taking the child out of Singapore or may give permission for such child to be taken out of Singapore either unconditionally or subject to such conditions or such undertaking as the court may think fit. |
[7/2016] [Act 25 of 2021 wef 15/10/2024] | (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] |
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| Power of court to set aside and prevent dispositions intended to defeat claims to maintenance |
132.—(1) Where —| (a) | any matrimonial proceedings are pending; | | (b) | an order has been made under section 112 and has not been complied with; | | (c) | an order for maintenance has been made under section 113 or 127 and has not been rescinded; | | (d) | maintenance is payable under any agreement to or for the benefit of a wife or former wife, an incapacitated husband or incapacitated former husband, or a child; or | | (e) | an order has been made under section 121E or 121G and has not been rescinded or complied with, |
| the court has power on application — |
| (f) | to set aside any disposition of property, if it is satisfied that the disposition of property has been made within the preceding 3 years, with the object on the part of the person making the disposition of —| (i) | reducing that person’s means to pay maintenance; or | | (ii) | depriving that person’s wife, former wife, incapacitated husband or incapacitated former husband of any rights in relation to that property; and |
| | (g) | if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing that disposition. [2/2011; 7/2016] |
(2) In this section —| “disposition” includes a sale, gift, lease, mortgage or any other transaction whereby ownership or possession of the property is transferred or encumbered but does not include a disposition made for money or money’s worth to or in favour of a person acting in good faith and in ignorance of the object with which the disposition is made; |
| “property” means property of any nature, movable or immovable, and includes money. |
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132A.—(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.| (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. [Act 3 of 2022 wef 30/12/2022] |
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| CHAPTER 6 — GENERAL PROVISIONS |
| 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] |
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] |
| 136. [Repealed by Act 3 of 2022 wef 01/07/2024] |
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. |
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| Power to allow intervention on terms |
| 138. In any case in which any person is alleged to have committed adultery with any party to any proceedings under this Part, or in which the court considers, in the interest of any person not already a party to the proceedings, that that person should be made a party to the proceedings, the court may, if it thinks fit, allow that person to intervene upon such terms (if any) as the court thinks just. |
| 139.—(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 the practice to be followed for the purposes of this Part and any matters incidental to or relating to any such procedure or practice. [27/2014] (2) Without limiting subsection (1), Family Justice Rules may be made for the following purposes:| (a) | fixing and regulating the fees and costs payable in proceedings under this Part; and | | (b) | providing for the forms to be used in proceedings under this Part. [27/2014] |
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| (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] |
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