Women’s Charter 1961
Table of Contents
Long Title
Part 1 PRELIMINARY
1 Short title
2 Interpretation
3 Application
3A Reckoning of age
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
Division 1 — Preliminary
8 Interpretation of this Part
Division 2 — Validity of marriages
9 Avoidance of marriages where either party is below 18
10 Avoidance of 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 Avoidance of marriages solemnised in Singapore without valid licence or by unauthorised person
Division 3 — Pre-solemnisation process
14 Notice of marriage
15 Validity of notice of marriage
16 Declaration by intending parties
17 Issue of marriage licence
17A (Repealed)
18 Conditions for issuing marriage licence
19 Caveat against issue of marriage licence
20 Proceedings if caveat entered
21 Special marriage licence
21A Consents required for licences for minors who have not previously married
21B Marriage preparation programme
Division 4 — Solemnisation
22 Who may solemnise a marriage
23 How is a marriage solemnised
24 Registrar may permit remote solemnisation in certain circumstances
Part 4 REGISTRATION
25 Registration of marriages
26 Appointment of Registrar, etc.
27 State Marriage Register
28 Registration of marriage solemnised by Registrar or licensed solemniser
29 Certain marriages solemnised outside Singapore may be registered
30 Certificate of marriage to be created upon registration, etc.
31 Correction of errors
32 (Repealed)
33 Legal effect of registration
Part 5 OFFENCES RELATING TO SOLEMNISATION AND REGISTRATION OF MARRIAGES
34 Omission to appear before Registrar or licensed solemniser within prescribed time
35 Issuing false copies or extracts
36 Interference with marriage
37 Intentional falsehoods 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.
42 Consent for prosecution
43 (Repealed)
44 (Repealed)
45 (Repealed)
Part 6 RIGHTS AND DUTIES OF HUSBAND AND WIFE
Division 1 — Rights and duties
46 Duty to cooperate
47 Right to separately engage in trade, etc.
48 Equal rights in running matrimonial household
49 Equal shares in money and property derived from housekeeping allowance
Division 2 — Abolition of common law disabilities imposed on married women, etc.
50 Married women have same rights, etc., as married men
51 Married women may use own surname and name
52 Abolition of married woman’s dependent domicile
53 Abolition of separate property
54 Abolition of restrictions on anticipation or alienation
55 Husband and wife may sue each other in tort
Division 3 — Procedure in certain cases
56 Summary procedure for deciding questions between husband and wife as to property
57 Power of court to stay tort action between husband and wife, etc.
58 (Repealed)
59 (Repealed)
60 (Repealed)
61 (Repealed)
62 (Repealed)
63 (Repealed)
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 8 MAINTENANCE OF WIFE, INCAPACITATED HUSBAND AND CHILDREN
68 Duty of parents to maintain children
69 Court may order maintenance of wife, incapacitated husband and children
70 Duty to maintain child accepted as member of family
71 Enforcement of maintenance order
71A Bankerʼs guarantee
71B Financial counselling
71C Community service orders
72 Rescission and variation of order
73 Power of court to vary agreement for maintenance of child
74 Application of section 121
75 Application of Act to orders made under repealed Minor Offences Ordinance, etc.
76 Power of Family Court to refuse order where proceedings more convenient in General Division of High Court
77 Appeal
78 (Repealed)
79 Procedure
79A (Repealed)
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 respondent and employer to comply with attachment of earnings order
85 Additional powers of court in attachment of earnings order proceedings
86 Obligation of respondent and employer to notify changes of employment and earnings
87 Power of court to determine what are earnings
88 Payment of money under attachment of earnings order
89 Earnings paid by Government or out of Consolidated Fund
90 Costs of proceedings
91 Penalties for non-compliance with attachment of earnings order and for giving false notice or statement
Part 10
CHAPTER 1 — DIVORCE
92 Interpretation of this Part
93 Jurisdiction of court in matrimonial proceedings
94 Restriction on filing of originating application for divorce during first 3 years of marriage
94A Parenting programme
95 Divorce may be granted only if marriage has irretrievably broken down, etc.
95A What constitutes the irretrievable breakdown of a marriage
96 Rules to provide for agreements to be referred to court
97 Intervention of Attorney-General
98 Relief for other party in divorce proceedings
99 Interim judgment and proceedings thereafter
100 Proceedings for interim judgment of presumption of death and divorce
100A Rescission of interim judgment in certain circumstances where one party misled by other party
CHAPTER 2 — JUDICIAL SEPARATION
101 Judicial separation
102 Judicial separation no bar to originating application for divorce
103 Judicially separated spouses not entitled to claim in intestacy of each other
CHAPTER 3 — NULLITY OF MARRIAGE
104 Originating application for nullity of marriage
105 Grounds on which marriage is void
106 Grounds on which marriage is voidable
107 Bars to relief where marriage is voidable
108 Marriage governed by foreign law
109 Application of sections 97 and 99 to nullity proceedings
110 Effect of judgment of nullity in case of voidable marriage
111 Legitimacy of children of annulled marriages
CHAPTER 4 — FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS
112 Power of court to order division of matrimonial assets
113 Power of court to order maintenance
114 Assessment of maintenance
115 Power of court to order security for maintenance
116 Compounding of maintenance
117 Duration of orders for maintenance
118 Power of court to vary orders for maintenance
119 Power of court to vary agreements for maintenance
120 Maintenance payable under order of court to be inalienable
121 Recovery of arrears of maintenance
CHAPTER 4A — FINANCIAL RELIEF CONSEQUENTIAL ON FOREIGN MATRIMONIAL PROCEEDINGS
121A Interpretation and application of this Chapter
121B Applications for financial relief after overseas divorce, etc.
121C Jurisdiction of court
121D Permission of court required for applications for financial relief
121E Interim orders for financial provision
121F Duty of court to consider whether Singapore is appropriate forum for application
121G Orders for financial relief
CHAPTER 5 — WELFARE OF CHILDREN
122 Meaning of "child"
123 Arrangements for welfare of children
124 Orders on welfare of children
125 Paramount consideration to be welfare of child
126 Orders subject to conditions
127 Power of court to order maintenance for children
128 Power of court to vary order for custody, etc.
129 Power of court to vary agreement for custody, etc.
130 Court to have regard to advice of welfare officers, etc.
131 Power of court to restrain taking of child out of Singapore
132 Power of court to set aside and prevent dispositions intended to defeat claims to maintenance
132A Programmes for children
CHAPTER 6 — GENERAL PROVISIONS
133 Procedure
134 Evidence
135 (Repealed)
136 (Repealed)
137 Appeals
138 Power to allow intervention on terms
139 Family Justice Rules
Part 10A AMICABLE SETTLEMENT OF DISPUTES
139A Interpretation of this Part
139B Evidence of things done, etc., under Division 3 or 4 not admissible
Division 2 — Conciliation officers
139C Appointment of conciliation officers
139D Settlement of differences between husband and wife by conciliation officers
Division 3 — Opportunity for reconciliation in certain proceedings
139E Proceedings to which this Division applies
139F Court to consider, and may facilitate, reconciliation
139G Resumption of proceedings
Division 4 — Mediation, counselling and family support programmes
139H Mediation by consent
139I Mediation, counselling and family support programmes in matrimonial proceedings involving prescribed persons
139J Mediation, counselling and family support programmes in other proceedings
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
159 Woman or girl below the age of 21 trained or used for immoral purposes, etc.
160 Director‑General may order detention or commitment of woman or girl in certain cases
161 Period of detention or commitment of woman or girl
162 Marriage not to be contracted without consent of Director‑General
163 Women and girls in urgent need of refuge
164 Transfer of women or girls from one place of safety to another place of safety within Singapore, etc.
165 Removal of women or girls to Malaysia, Brunei Darussalam or Hong Kong by order of Minister
166 Appeal
167 Women and girls may be received into and detained in Singapore
168 Women and girls so received to be subject to local law
169 Women and girls detained to be subject to rules
170 Director‑General may cause persons to be photographed
171 Power to summon and examine persons in certain circumstances
172 Record of evidence
173 Power of search
174 Power of arrest and seizure
175 Presumption arising out of warrants
176 Appointment of officers
177 Minister may establish places of safety
177A Restriction on publication of information on place of safety or resident of place of safety
178 Boards of Visitors
179 Discharge Committees
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 before 15 September 1961 or validated by section 184
183 Recognition of marriages contracted in Embassies, etc., in Singapore
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
Legislative History
Abbreviations
Comparative Table