17. Part IX of the Women’s Charter is repealed and the following substituted therefor: —“PART IX 78. 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 shall be deemed to be husband and wife; |
| “the court” means the High Court or a Judge thereof; |
| “desertion” implies an abandonment against the wish of the person charging it. |
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| Principles of law to be applied |
| 79. Subject to the provisions contained in this Part, the court shall in all suits and proceedings hereunder act and give relief on principles which in the opinion of the court are, as nearly as may be, conformable to the principles on which the High Court of Justice in England acts and gives relief in matrimonial proceedings. |
| Extent of power to grant relief |
80.—(1) Nothing in this Act shall authorize the court to make any decree of divorce except —| (a) | where the marriage has been registered or deemed to be registered under this Act; or | | (b) | where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and | | (c) | where the domicile of the parties to the marriage at the time when the petition is presented is in Singapore. |
(2) Nothing in this Act shall authorize the court to make any decree of nullity of marriage except —| (a) | where the marriage has been registered or deemed to be registered under this Act; or | | (b) | where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and | | (c) | where both the parties to the marriage reside in Singapore at the time of the commencement of the proceedings. |
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(3) Nothing in this Act shall authorize the court to make any decree of judicial separation except —| (a) | where the marriage has been registered or deemed to be registered under this Act; or | | (b) | where the marriage between the parties was contracted under a law providing that, or in contemplation of which, marriage is monogamous; and | | (c) | where both the parties to the marriage reside in Singapore at the time of the commencement of the proceedings. |
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| Restriction on petitions for divorce during the first three years of marriage |
81.—(1) No petition for divorce shall be presented to the court unless at the date of the presentation of the petition three years have passed since the date of the marriage:| Provided that the court may, upon application being made in accordance with rules of court, allow a petition to be presented before three years have passed on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree nisi, do so subject to the condition that no application to make the decree absolute shall be made until after the expiration of three years from the date of the marriage, or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said three years upon the same, or substantially the same, facts as those proved in support of the petition so dismissed. |
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| (2) In determining any application under this section for leave to present a petition before the expiration of three years from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is reasonable probability of a reconciliation between the parties before the expiration of the said three years. |
| (3) 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. |
| (4) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which have occurred before the expiration of three years from the date of the marriage. |
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| Dissolution by mutual consent |
| 82. If husband and wife mutually agree that their marriage should be dissolved, they may, after the expiration of three years from the date of their marriage, present a joint petition accordingly, and the court may, if it thinks fit, dissolve such marriage on being satisfied that both parties freely consent, and that proper provision is made for the wife and for the support, care and custody of the children, if any, of the marriage, and may attach such conditions to the decree of dissolution as it may deem fit. |
| Irretrievable breakdown of marriage to be ground for divorce |
83.—(1) Either party to a marriage may petition for divorce on the ground that the marriage has irretrievably broken down.| (2) The court hearing such petition shall, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage and, if satisfied that the circumstances make it just and reasonable to do so, make a decree for its dissolution. |
(3) The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts, that is to say —| (a) | that the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent; | | (b) | that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; | | (c) | that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition; | | (d) | that the parties to the marriage have lived apart for a continuous period of at least three years immediately preceding the presentation of the petition and the respondent consents to a decree being granted; | | (e) | that the parties to the marriage have lived apart for a continuous period of at least four years immediately preceding the presentation of the petition. |
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| (4) In considering whether it would be just and reasonable to make a decree, the court shall consider all the circumstances, including the conduct of the parties and how the interests of any child or children of the marriage or of either party may be affected if the marriage is dissolved, and it may make a decree nisi subject to such terms and conditions as the court may think fit to attach; but if it should appear to the court that in all the circumstances it would be wrong to dissolve the marriage, it shall dismiss the petition. |
(5) Where the parties to the marriage have lived with each other for any period or periods after it became known to the petitioner that the respondent had, since the celebration of the marriage, committed adultery, then, —| (a) | if the length of that period or of those periods together was six months or less, their living with each other during that period or those periods shall be disregarded in determining for the purposes of paragraph (a) of subsection (3) of this section whether the petitioner finds it intolerable to live with the respondent; but | | (b) | if the length of that period or of those periods together exceeded six months, the petitioner shall not be entitled to rely on that adultery for the purposes of paragraph (a) of subsection (3) of this section. |
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| (6) Where the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the petitioner and held by the court to support his allegation, that fact shall be disregarded in determining for the purposes of paragraph (b) of subsection (3) of this section whether the petitioner cannot reasonably be expected to live with the respondent if the length of that period or of those periods together was six months or less. |
| (7) In considering for the purposes of subsection (3) of this section whether the period for which the respondent has deserted the petitioner or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding six months) or of any two or more periods (not exceeding six months in all) during which the parties resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage lived apart, as the case may be. |
| (8) References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household. |
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84.—(1) It shall be the duty of the court in which a petition for divorce or judicial separation has been instituted to give consideration, from time to time, to the possibility of a reconciliation of the parties to the marriage (unless the proceedings are of such a nature that it would not be appropriate to do so), and if at any time it appears to the Judge constituting the court, either from the nature of the case, the evidence in the proceedings or the attitude of the parties or of either of them that there is a reasonable possibility of such a reconciliation, the Judge may do all or any of the following: —| (a) | adjourn the proceedings to afford the parties the opportunity of being reconciled or to enable anything to be done in accordance with either paragraph (b) or (c) of this subsection; | | (b) | with the consent of the parties, interview them in chambers, with or without their solicitors, as the court thinks proper, with a view to effecting a reconciliation; and | | (c) | nominate a Conciliation Officer to endeavour to effect a reconciliation. |
| (2) If, not less than fourteen days after an adjournment under subsection (1) of this section has taken place, either of the parties to the marriage requests that the hearing be proceeded with, the Judge shall resume the hearing, or arrangements shall be made for the proceedings to be dealt with by another Judge, as the case requires, as soon as practicable. |
| (3) Where a Judge has acted as conciliator under paragraph (b) of subsection (1) of this section but the attempt to effect a reconciliation has failed, the Judge shall not, except at the request of the parties to the proceedings, continue to hear the proceedings, or determine the proceedings, and, in the absence of such a request, arrangements shall be made for the proceedings to be dealt with by another Judge. |
| (4) Evidence of anything said or of any admission made in the course of an endeavour to effect a reconciliation under this section shall not be admissible in any court. |
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| Rules to provide for agreements to be referred to court |
| 85. Provision may be made by rules of court for enabling the parties to a marriage, or either of them, on application made either before or after the presentation of a petition 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, as the case may be, have begun, and for enabling the court to express an opinion, should it 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 it thinks fit. |
| Contents of divorce petition |
86.—(1) Every petition for divorce shall contain —| (a) | particulars of the marriage between the parties and the names, ages and sex of the children, if any, of the marriage; | | (b) | particulars of the facts giving the court jurisdiction; | | (c) | particulars of any previous matrimonial proceedings between the parties; | | (d) | a statement of the principal allegations which it will be sought to prove as evidence of the breakdown of the marriage; | | (e) | the terms of any agreement regarding maintenance of the wife and the children, if any, of the marriage, or the division of any assets acquired through the joint efforts of the parties or the sole effort of one party, or where no such agreement has been reached, the petitioner’s proposals; and | | (f) | particulars of the relief sought. |
| (2) Every petition for a divorce shall state what steps, if any, have been taken to effect a reconciliation. |
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| Alleged adulteror to be made co-respondent |
87.—(1) On a petition for divorce presented by the husband in which adultery is alleged, or in the answer of a husband praying for divorce and alleging adultery, the husband shall make the alleged adulteror a co-respondent unless excused by the court on special grounds from doing so; and on a petition for divorce presented by the wife alleging adultery the court may, if it thinks fit, direct that the alleged adulteress be made a respondent.(2) Whenever in any petition presented by a husband the alleged adulteror has been made a co-respondent and the adultery has been established, the court may order the co-respondent to pay the whole or any part of the costs of the proceedings:| Provided that no such order for costs shall be made if the respondent was at the time of the adultery living apart from the husband and leading the life of a prostitute or if the co-respondent had not at the time of the adultery reason to believe the respondent to be a married woman. |
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| 88. If in any proceedings for divorce the respondent alleges and proves against the petitioner any such fact as is mentioned in subsection (3) of section 83, the court may give the respondent the relief to which the respondent would have been entitled if the respondent had presented a petition seeking that relief. |
| Decree nisi and proceedings thereafter |
89.—(1) Every decree of divorce shall in the first instance be a decree nisi and shall not be made absolute before the expiration of three months from its grant unless the court by general or special order from time to time fixes a shorter period.(2) Where a decree nisi of divorce has been granted and no application for it to be made absolute has been made by the party to whom it was granted, then, at any time after the expiration of three 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 the provisions of subsection (1) of this section make the decree absolute; | | (b) | rescind the decree nisi; | | (c) | require further inquiry; or | | (d) | otherwise deal with the case as it thinks fit. |
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| Remarriage of divorced persons |
90. Where a decree of divorce has been made absolute and either —| (a) | there is no right of appeal against the decree absolute; | | (b) | the time for appealing against the decree absolute has expired without an appeal having been brought; or | | (c) | an appeal against the decree absolute has been dismissed, |
| either party to the former marriage may marry again. |
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| Proceedings for decree nisi of presumption of death and divorce |
91.—(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may present a petition to the court 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 a decree nisi of presumption of death and of divorce.| (2) In any such proceedings the fact that for a period of seven years or upwards the other party to the marriage has been continually absent from the petitioner, and the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved. |
| (3) Sections 89 and 90 shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively. |
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| Chapter 2 — Judicial Separation |
92.—(1) A petition for judicial separation may be presented to the court by either party to a marriage on the ground and circumstances set out in subsection (3) of section 83 of this Act, and that section shall, with the necessary modifications, apply in relation to such a petition as they apply in relation to a petition for divorce.| (2) Where a court grants a decree of judicial separation it shall no longer be obligatory for the petitioner to cohabit with the respondent. |
| (3) The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true, rescind the decree at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion. |
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| Judicial separation no bar to petition for divorce |
93.—(1) A person shall not be prevented from presenting a petition for divorce, or the court from pronouncing a decree of divorce, by reason only that the petitioner 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 petition for divorce.| (2) On any such petition for divorce, the court may treat the decree of judicial separation as sufficient proof of the adultery, desertion, or other ground on which it was granted, but the court shall not pronounce a decree of divorce without receiving evidence from the petitioner. |
| (3) For the purposes of any such petition for divorce, a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree has been continuously in force since it was granted, be deemed immediately to precede the presentation of the petition for divorce. |
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| Judicially separated spouses not entitled to claim in intestacy of each other |
| 94. If, while a decree of judicial separation is in force and the separation is continuing, either of the parties whose marriage is the subject of the decree dies intestate after the commencement of the Women’s Charter (Amendment) Act, 1979, all or any of his or her movable or immovable property shall devolve as if the other party to the marriage had been then dead. |
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| Chapter 3 — Nullity of Marriage |
| Petition for nullity of marriage |
| 95. Any husband or wife may present a petition to the court praying for a decree of nullity in respect of his or her marriage. |
| Grounds on which a marriage is void |
96. A marriage which takes place after the commencement of the Women’s Charter (Amendment) Act, 1979, shall be void on the following grounds only, that is to say: —| (a) | that it is not a valid marriage by virtue of sections 9, 10, 11 and 21 of this Act; or | | (b) | where the marriage was celebrated outside Singapore, that the marriage is invalid by the law of the place in which it was celebrated. |
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| Grounds on which a marriage is voidable |
97. A marriage which takes place after the commencement of the Women’s Charter (Amendment) Act, 1979, shall be voidable on the following grounds only, that is to say: —| (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; | | (c) | that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise; | | (d) | that at the time of 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 Disorders and Treatment Act (Cap. 162) 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; | | (f) | that at the time of the marriage the respondent was pregnant by some person other than the petitioner. |
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| Bars to relief where marriage is voidable |
98.—(1) The court shall not, in proceedings instituted after the commencement of the Women’s Charter (Amendment) Act, 1979, grant a decree of nullity on the ground that a marriage is voidable (whether the marriage took place before or after the commencement of the Women’s Charter (Amendment) Act, 1979) if the respondent satisfies the court —| (a) | that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and | | (b) | that it would be unjust to the respondent to grant the decree. |
| (2) Without prejudice to subsection (1) of this section, the court shall not grant a decree of nullity on the grounds mentioned in paragraph (c), (d), (e) or (f) of section 97 of this Act unless it is satisfied that proceedings were instituted within three years from the date of the marriage. |
| (3) Without prejudice to subsections (1) and (2) of this section, the court shall not grant a decree of nullity on the grounds mentioned in paragraph (e) or (f) of section 97 of this Act unless it is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged. |
| (4) Subsection (1) of this section replaces, in relation to the grounds mentioned in section 97 of this Act, any rule of law whereby a decree may be refused by reason of approbation, ratification or lack of sincerity on the part of the petitioner or on similar grounds. |
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| Effect of decree of nullity in case of voidable marriage |
99.—(1) If the court finds that the petitioner’s case has been proved, it shall pronounce a decree of nullity.| (2) A decree of nullity granted after the commencement of the Women’s Charter (Amendment) Act, 1979, on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the decree has been made absolute, and the marriage shall, notwithstanding the decree, be treated as if it had existed up to that time. |
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| Legitimacy of children of annulled marriages |
100.—(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 decree shall be deemed to be their legitimate child, notwithstanding the annulment.| (2) The child of a void marriage born on or after the 2nd day of May 1975, shall be deemed to be the legitimate child of his 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 |
101.—(1) The court shall have power, when granting a decree of divorce or judicial separation, to order the division between the parties of any assets acquired by them during the marriage by their joint efforts or the sale of any such assets and the division between the parties of the proceeds of sale.(2) In exercising the power conferred by subsection (1) of this section the court shall have regard to —| (a) | the extent of the contributions made by each party in money, property or work towards the acquiring of the assets; | | (b) | any debts owing by either party which were contracted for their joint benefit; | | (c) | the needs of the minor children, if any, of the marriage, |
| and subject to those considerations, the court shall incline towards equality of division. |
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| (3) The court shall have power, when granting a decree of divorce or judicial separation, to order the division between the parties of any assets acquired during the marriage by the sole effort of one party to the marriage or the sale of any such assets and the division between the parties of the proceeds of sale. |
(4) In exercising the power conferred by subsection (3) of this section the court shall have regard to —| (a) | the extent of the contribution made by the other party who did not acquire the assets to the welfare of the family by looking after the home or by caring for the family; | | (b) | the needs of the minor children, if any, of the marriage, |
| and subject to those considerations, the court may divide the assets or the proceeds of sale in such proportions as the court thinks reasonable; but in any case the party by whose effort the assets were acquired shall receive a greater proportion. |
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| (5) For the purposes of this section, references to assets acquired during a marriage include assets owned before the marriage by one party which have been substantially improved during the marriage by the other party or by their joint efforts. |
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| Power of court to order maintenance of wife |
102. The court may order a man to pay maintenance to his wife or former wife —| (a) | during the course of any matrimonial proceedings; | | (b) | when granting or subsequent to the grant of a decree of divorce or judicial separation; | | (c) | if, after a decree declaring her presumed to be dead, she is found to be alive. |
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| Assessment of maintenance |
103.—(1) In determining the amount of any maintenance to be paid by a man to his wife or former wife, the court shall base its assessment primarily on the means and needs of the parties, regardless of the proportion such maintenance bears to the income of the husband, but shall have regard to the degree of responsibility which the court apportions to each party for the breakdown of the marriage.(2) For the purposes of subsection (1) of this section, the court shall, as far as possible, have regard to 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 welfare of the family, including any contribution made by looking after the home or caring for the family; | | (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. |
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| (3) In exercising its powers under this section, the court shall endeavour so 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 |
| 104. The court may, in its discretion, 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 such maintenance or part thereof out of the income from such property and, subject thereto, in trust for the settlor. |
| Compounding of maintenance |
| 105. An agreement for the payment, in money or other property, of a capital sum in settlement of all future claims to maintenance, shall not be effective until it has been approved, or approved subject to conditions, by the court, but when so approved shall be a good defence to any claim for maintenance. |
| Duration of orders for maintenance |
106. Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, and subject to section 107 of this Act, an order for maintenance shall expire —| (a) | if the maintenance was unsecured, on the death of the husband or of the wife, whichever is the earlier; | | (b) | if the maintenance was secured, on the death of the wife. |
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| Right to maintenance to cease on remarriage |
107.—(1) The right of any divorced woman to receive maintenance from her former spouse under any order of court shall cease on her marriage to or on her living in adultery with any other person.| (2) The right of any divorced woman to receive maintenance from her former spouse under an agreement shall cease on her marriage to or on her living in adultery with any other person unless the agreement otherwise provides. |
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| Power of court to vary orders for maintenance |
| 108. The court may at any time and from time to 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 |
| 109. Subject to section 105 of this Act, 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 the commencement of the Women’s Charter (Amendment) Act, 1979, where it is satisfied that there has been any material change in the circumstances and notwithstanding any provision to the contrary in any such agreement. |
| Maintenance payable under order of court to be inalienable |
| 110. Maintenance payable to any person under any order of court shall not be 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 |
111.—(1) Subject to subsection (3) of this section, arrears of unsecured maintenance, whether payable by arrangement or under an order of court, shall be recoverable as a debt from the defaulter and, where they accrued due before the making of a receiving order against the defaulter, shall be provable in his bankruptcy and, where they accrued due before his death, shall be a debt due from his estate.| (2) Subject to subsection (3) of this section, arrears of unsecured maintenance which accrued due before the death of the person entitled thereto shall be recoverable as a debt by the legal personal representatives of such person. |
| (3) No amount owing as maintenance shall be recoverable in any suit if it accrued due more than three years before the institution of the suit. |
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| Chapter 5 — Welfare of children |
| 112. In this Chapter, wherever the context so requires, “child” has the meaning of “child of the marriage” as defined in section 78 of this Act who is under the age of eighteen years. |
| Arrangements for welfare of children |
113.—(1) Subject to the provisions of this section, the court shall not make absolute any decree for divorce or nullity of marriage or pronounce a decree 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) of this section if it appears that there are circumstances making it desirable that the decree nisi be made absolute or, as the case may be, that the decree for judicial separation should be pronounced without delay, and if 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. |
| (3) In this section and in section 114 of this Act, “welfare”, in relation to a child, includes the custody and education of the child and financial provision for him. |
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| 114. In any suit for divorce, or for nullity of marriage, or for judicial separation, the court may, at any stage of the proceedings, or after a decree absolute has been pronounced, 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 proceedings to be taken for placing such child under the protection of the court. |
| In making order for custody, paramount consideration to be welfare of child |
115.—(1) The court may at any time by order place a child in the custody of his or her father or his or her 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 to any other suitable person.(2) In deciding in whose custody a child should be placed, the paramount consideration shall be the welfare of the child and subject to this, the court shall 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. |
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| (3) There shall be a rebuttable presumption that it is for the good of a child below the age of seven years to be with his or her mother, but in deciding whether that presumption applies to the facts of any particular case, the court shall have regard to the undesirability of disturbing the life of a child by changes of custody. |
| (4) Where there are two or more children of a marriage, the court shall not be bound to place both or all in the custody of the same person but shall consider the welfare of each independently. |
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| Orders subject to conditions |
116.—(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, shall entitle the person given custody to decide all questions relating to the upbringing and education of the child.(2) Without prejudice to the generality of subsection (1) of this section, 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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| Declaratory order as to unfitness of parent to have custody |
117.—(1) The court may, when granting a divorce or judicial separation, or at any time thereafter, on the application of the father or the mother of any child of the marriage, make an order declaring either parent to be a person unfit to have the custody of the child and may at any time rescind any such order.| (2) Where an order has been made under subsection (1) of this section, and has not been rescinded, the parent thereby declared to be unfit shall not, on the death of the other person, be entitled to the custody of such child unless the court otherwise orders. |
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| Custody of children deemed legitimate |
| 118. When a child is deemed to be legitimate under section 100 of this Act, the mother shall, in the absence of any agreement or order of court to the contrary, be entitled to custody of the child. |
| Duty to maintain children |
| 119. Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof. |
| Power of court to order maintenance for children |
120.—(1) The court may at any time order a man to pay maintenance for the benefit of his child —| (a) | if he has refused or neglected reasonably to provide for the child; | | (b) | if he has deserted his wife and the child is in her charge; | | (c) | during the pendency of any matrimonial proceedings; or | | (d) | when making or subsequent to the making of an order placing the child in the custody of any other person. |
| (2) The court shall have the corresponding power to order a woman to pay or contribute towards the maintenance of her child where it is satisfied that having regard to her means it is reasonable so to order. |
| (3) An order under subsection (1) or (2) of this section may direct payment to the person having custody or care and control of the child or trustees for the child. |
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| Matters the court shall regard when ordering maintenance for children |
121.—(1) The court, when ordering maintenance for the benefit of any child, shall have regard to all the circumstances of the case including the following matters, that is to say —| (a) | the financial needs of the child; | | (b) | the income, earning capacity (if any), property and other financial resources of the child; | | (c) | any physical or mental disability of the child; | | (d) | the standard of living enjoyed by the family before the breakdown of the marriage; | | (e) | the manner in which he was being and in which the parties to the marriage expected him to be educated or trained. |
| (2) The court shall so exercise its powers under subsection (1) of this section as to place the child, so far as it is practicable and (having regard to the income, earning capacity, financial resources and the financial needs, obligations and responsibilities of the parties to the marriage) just to do so, in the financial position in which the child would have been if the marriage had not broken down and each of those parties had properly discharged his or her financial obligations and responsibilities towards him. |
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| Power of court to order security for maintenance |
| 122. The court may, in its discretion, when ordering the payment of maintenance for the benefit of any child, 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 such maintenance or part thereof out of the income from such property, and subject thereto, in trust for the settlor. |
| Duration of orders for custody and maintenance |
123. Except where an order for custody or maintenance of a child is expressed to be for any shorter period, or where any such order has been rescinded, it shall expire —| (a) | on the attainment by the child of the age of eighteen years or upon the child obtaining gainful employment, whichever is the earlier; or | | (b) | where the child is under physical or mental disability, on the ceasing of such disability, whichever is the later. |
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| Power of court to vary orders for custody or maintenance |
| 124. The court may at any time and from time to time vary, or may rescind, any order for the custody or maintenance 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. |
| Power of court to vary agreement for custody or maintenance |
| 125. The court may at any time and from time to time vary the terms of any agreement relating to the custody or maintenance of a child, whether made before or after the commencement of the Women’s Charter (Amendment) Act, 1979, notwithstanding any provision to the contrary in any such agreement, where it is satisfied that it is reasonable and for the welfare of the child so to do. |
| Recovery of arrears of maintenance |
| 126. Section 111 of this Act shall apply, mutatis mutandis, to orders for the payment of maintenance for the benefit of any child. |
| Duty to maintain child accepted as member of family |
127.—(1) Where a man has accepted a child who is not his child as a member of his family, it shall be his duty to maintain such child while he or she remains a child, so far as the father and the mother of the child fail to do so, and the court may make such orders as may be necessary to ensure the welfare of the child:| Provided that the duty imposed by this subsection shall cease if the child is taken away by his or her father or mother. |
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| (2) Any sums expended by a man maintaining such child shall be recoverable as a debt from the father or mother of the child. |
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| Court to have regard to advice of welfare officers, etc. |
| 127A. When considering any question relating to the custody or maintenance of any child, the court shall, whenever it is practicable, take the advice of some person, whether or not a public officer, who is trained or experienced in child welfare but shall not be bound to follow such advice. |
| Power of court to restrain taking of child out of Singapore |
127B.—(1) The court may on the application of the father or mother of a child —| (a) | where any matrimonial proceeding is pending; or | | (b) | where, under any agreement or order of court, one parent has custody 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 leave 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. |
| (2) The court may, on the application of any interested person, issue an injunction restraining any person, other than a person having custody of a child, from taking the child out of Singapore. |
| (3) Failure to comply with an order made under this section shall be punishable as a contempt of court. |
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| Power of court to set aside and prevent dispositions intended to defeat claims to maintenance |
127C.—(1) Where —| (a) | any matrimonial proceeding is pending; or | | (b) | an order has been made under section 101 of this Act and has not been complied with; or | | (c) | an order for maintenance has been made under section 102 or 120 of this Act and has not been rescinded; or | | (d) | maintenance is payable under any agreement to or for the benefit of a wife or former wife or child, |
| the court shall have power on application — |
| (i) | if it is satisfied that any disposition of property has been made by the husband or former husband or parent of the person by or on whose behalf the application is made, within the preceding three years, with the object on the part of the person making the disposition of reducing his or her means to pay maintenance or of depriving his wife or former wife of any rights in relation to that property, to set aside the disposition; and | | (ii) | 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) For the purposes of 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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| Injunctions against molestation |
| 127D. The court shall have power during the pendency of any matrimonial proceedings or on or after the grant of a decree of divorce, judicial separation or annulment, to order any person to refrain from forcing his or her society on his or her spouse or former spouse and from other acts of molestation. |
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| Chapter 6 — General provisions |
| 127E. Subject to the provisions contained in this Part, all proceedings under this Part shall be regulated by the Rules of the Supreme Court. |
127F.—(1) Service out of the jurisdiction of any petition under this Part may be allowed by the court and service shall be effected, as nearly as may be, in the manner in which service of a writ of summons is to be effected under the Rules of the Supreme Court.| (2) The court may dispense with such service altogether if it seems necessary or expedient to do so. |
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127G.—(1) In suits under this Part, the parties and the husbands and wives of such parties shall be competent and compellable to give evidence.| (2) No witness whether a party to the suit 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 suit in disproof of his or her alleged adultery. |
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| 127H. The whole or any part of any proceeding under this Part may be heard, if the court thinks fit, in camera. |
| Power to rescind decree nisi in certain cases |
| 127I. Where the court on granting a decree of divorce held that the only fact mentioned in subsection (3) of section 83 of this Act on which the petitioner was entitled to rely in support of his petition was that mentioned in paragraph (d) thereof, it may, on an application made by the respondent at any time before the decree is made absolute, rescind the decree if it is satisfied that the petitioner misled the respondent (whether intentionally or unintentionally) about any matter which the respondent took into account in deciding to consent to the grant of a decree. |
127J.—(1) All decrees and orders made by the court in proceedings under this Part shall be enforced, and may be appealed from, as if they were decrees or orders made by the court in the exercise of its original civil jurisdiction.| (2) There shall be no appeal on the subject of costs only. |
| (3) Subject to such rules as are made from time to time regarding appeals to the Judicial Committee of the Privy Council, any person may appeal to the Judicial Committee of the Privy Council from any decree or order under this Part made by the Court of Appeal if that Court declares that the case is a fit one for appeal. |
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| Power to allow intervention on terms |
| 127K. In any case in which any person is alleged to have committed adultery with any party to a suit, or in which the court considers, in the interest of any person not already a party to the suit, that such person should be made a party to the suit, the court may, if it thinks fit, allow that person to intervene upon such terms, if any, as the court thinks just. |
| Additional jurisdiction in proceedings by a wife |
127L.—(1) Notwithstanding anything to the contrary in section 80 of this Act, the court shall have jurisdiction to entertain proceedings by a wife under this Part, although the husband is not domiciled or resident in Singapore if —| (a) | the wife has been deserted by the husband, or the husband has been deported from Singapore under any law for the time being in force relating to the deportation of persons, and the husband was before the desertion or deportation domiciled in Singapore; or | | (b) | the wife is resident in Singapore and has been ordinarily resident in Singapore for a period of three years immediately preceding the commencement of the proceedings. |
| (2) In any proceedings in which the High Court has jurisdiction by virtue of this section, the issues shall be determined in accordance with the law which would be applicable thereto if the parties were domiciled or resident in Singapore. |
| (3) In this section, references to deportation from Singapore shall be construed as including banishment or expulsion under any written law for the time being in force in Singapore. |
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127M.—(1) The Judges of the Supreme Court, or any three of them, of whom the Chief Justice shall be one, may make rules to fix and regulate the fees and costs payable upon all proceedings in suits under this Part, and also rules concerning the practice and procedure under this Part as they consider expedient.| (2) Such rules may prescribe the forms to be used in proceedings under this Part. |
| (3) A copy of such rules made by the Judges under this Part, certified under the hand of the Chief Justice, shall be transmitted by the Chief Justice to the President. |
| (4) All such rules shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.”. |
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