Women’s Charter 1961 - Singapore Statutes Online

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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17A (Repealed)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32 (Repealed)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.

Part 7 PROTECTION AGAINST FAMILY VIOLENCE

Division 1 — Interpretation

58 Interpretation of this Part

58A Who is a family member

58B What is family violence

Division 2 — Obtaining information about family violence, etc.

59 Power to assess at‑risk persons, etc.

59A Consent generally required for assessment

59B Power to enter premises for assessment

59C Power to obtain information and examine records, etc.

59D Family violence notifications to protectors, etc.

59E Disclosure of information to or by protectors

Division 3 — Protection orders against family violence, etc.

60 Who may apply for a protection order

60A Protection orders

60B Domestic exclusion, stay away and no contact orders

60C Electronic monitoring orders

60D Removal, care and supervision orders; orders against protected persons

60E Counselling orders

60F Mandatory treatment orders

Division 4 — Expedited orders against family violence, etc.

61 Court may make expedited orders in pending applications for protection orders

61A Domestic exclusion, stay away and no contact orders

Division 5 — Emergency orders against family violence, etc.

62 Protectors may make emergency orders

62A Emergency orders may include domestic exclusion, stay away and no contact orders

62B Service and duration of emergency orders

62C Restrictions on power to make emergency orders

Division 6 — Supplementary provisions for Divisions 3, 4 and 5

63 Litigation representative not needed for persons 18 years of age and above

63A Orders by court and protectors may be subject to conditions, etc.

63B Restriction on publishing identifying information about protected persons

63C Punishment for family violence offences

63D Family violence offences to be arrestable

Division 7 — Powers of enforcement officers

64 Purpose for which powers are exercisable

64A Power to enter premises and make records, etc.

64B Power to inspect, seize, preserve and require production of evidence

64C Power to require attendance of witnesses

64D Power to examine witnesses

64E Power to arrest without warrant

64F Power to search arrested person; power to seize offensive weapons

64G Disposal of seized documents or thing

Division 8 — Administration

65 Administration of this Part

65A Provisions relating to enforcement officers

65B Power to record, etc.

65C Offence of obstructing Director‑General, etc.

Division 9 — Transitional provisions

66 Saving and transitional provisions

67 (Repealed)

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

70A Recovery of sums expended to maintain child accepted as member of family

71 Court’s power to make attachment of earnings order for maintenance under section 69 or 70, etc.

71A (Repealed)

71B (Repealed)

71C (Repealed)

72 Rescission and variation of order

73 Power of court to vary agreement for maintenance of child

74 (Repealed)

75 Application of Act to orders made under repealed Minor Offences Ordinance, etc.

Part 9 ENFORCEMENT OF MAINTENANCE ORDERS

Division 1 — Preliminary

76 Interpretation of this Part

77 Appointment of Chief MEO and other MEO

78 Enforcement of maintenance orders made by General Division of High Court

79 Powers of court relating to witnesses in maintenance enforcement proceedings

79A (Repealed)

Division 2 — Maintenance enforcement application and court’s powers on application

80 Application for maintenance enforcement order — by and to whom

81 Court orders on maintenance enforcement application

81A (Repealed)

82 Reinstatement of maintenance enforcement application

83 Arrears report to designated credit bureau

Division 3 — Role of MEO

Subdivision 1 Referred applications and information‑gathering by MEO, etc.

84 Referral to MEO

85 Referral by MEO for financial assistance

86 Powers of MEO and court to direct, require or order provision of information, etc.

87 Non‑compliance with directions given under section 86(1)

Subdivision 2 Conciliation session by MEO

88 Purpose and scope of conciliation session, etc.

Subdivision 3 MEO’s report

89 Submission of MEO’s report

90 Redaction, significance and sharing of MEO’s report, etc.

91 Reliance on previous MEO’s reports in subsequent enforcement proceedings, etc.

Subdivision 4 Regulations by Minister

91A Minister’s power to make regulations for purposes of this Division and sections 77 and 83

Division 4 — Orders to enforce payment of maintenance

Subdivision 1 What are maintenance enforcement orders

91B Meaning of "maintenance enforcement order"

Subdivision 2 Provisions relating to attachment of earnings orders

91C Amount of payment to be directed under attachment of earnings order

91D Discharge, variation or cessation of attachment of earnings order made

91E Duty to comply with attachment of earnings order

91F Additional powers of court to obtain information relating to attachment of earnings order

91G Obligation to notify changes of employment and earnings

91H Power of court to determine what are earnings

91I Treatment of moneys received under attachment of earnings order

91J Earnings paid by Government or out of Consolidated Fund

91K Penalties for non‑compliance with attachment of earnings order and for giving false notice or statement

Subdivision 3 Provisions relating to other maintenance enforcement orders (except imprisonment)

91L Banker’s guarantee

91M Financial counselling

91N Community service orders

Division 5 — Provisions relating to imprisonment under this Part

91O Imprisonment for breaching show‑payment order

91P Imprisonment for breaching maintenance order

91Q Other orders on sentences of imprisonment

Division 6 — Miscellaneous

91R Recovery of maintenance arrears

91S Immunity and offence relating to access, use or disclosure of information under this Part

91T Contempt of court orders under this Part

Part 9A ADDITIONAL PROVISIONS RELATING TO part 7, 8 or 9

Division 1 — Provisions applicable to Parts 8 and 9

91U Power of Family Court to refuse order where proceedings more convenient in General Division of High Court

Division 2 — Provisions applicable to Parts 7, 8 and 9

91V Appeal

91W Costs of proceedings

91X Division not applicable to criminal proceedings

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 (Repealed)

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

126A Enforcement of custody order, etc.

126B Enforcement of child access order

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 (Repealed)

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 (Repealed)

Part 10A AMICABLE SETTLEMENT OF DISPUTES

Division 1 — Preliminary

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 10B COURT’S POWER TO SET ASIDE AND PREVENT DISPOSITIONS INTENDED TO DEFEAT MAINTENANCE CLAIMS OR OTHER ORDERS IN MATRIMONIAL PROCEEDINGS

139K Interpretation of this Part

139L Application of this Part

139M Power of court to set aside or prevent dispositions

Part 10C REPLACEMENT BECAUSE OF DEATH

139N Interpretation of this Part

139O Court’s power to order replacement for deceased applicant in proceedings

139P Court’s power to order replacement for deceased payee, etc.

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 woman with mental impairment 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

160A Giving medical treatment, etc., to women and girls detained or committed to care under section 160

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 (Repealed)

166 Appeal

167 (Repealed)

168 (Repealed)

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 publishing information, etc., leading to identification of women and girls in places of safety, etc.

178 Boards of Visitors

179 Discharge Committees

Part 12 MISCELLANEOUS

179A Family Justice Rules

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

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