Women’s Charter 1961 - Singapore Statutes Online

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.

Restriction on filing of writ for divorce during first 3 years of marriage

94.—(1) No writ for divorce is to be filed in the court unless at the date of the filing of the writ 3 years have passed since the date of the marriage.

(2) The court may, upon application being made in accordance with the Family Justice Rules made under section 139, allow a writ to be filed before 3 years have passed on the ground that the case is one of exceptional hardship suffered by the plaintiff or of exceptional depravity on the part of the defendant, but if it appears to the court at the hearing of the proceedings that the plaintiff obtained leave to file the writ 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]

(3) In determining any application under this section for leave to file a writ 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.

(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 a writ based upon matters which have occurred before the expiration of 3 years from the date of the marriage.

Parenting programme

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 writ for divorce, and no counterclaim 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]

(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 a writ for divorce; and
(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 counterclaim in proceedings for divorce. [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]

(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]

(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);

“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]

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]

(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]

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]

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.

(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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