PART 3
SOLEMNISATION OF MARRIAGES
Division 1 — Preliminary
[Act 3 of 2022 wef 25/09/2023]
Interpretation of this Part
8.  In this Part, unless the context otherwise requires —
“maintenance order” means —
(a)an order for the payment of monthly sums or a lump sum for the maintenance of a wife, an incapacitated husband or a child made or deemed to be made by a court under Part 8;
[Act 18 of 2023 wef 31/01/2024]
(b)an order for the payment of monthly or periodical sums or a lump sum by way of maintenance or alimony to a wife or former wife or an incapacitated husband or incapacitated former husband, or by way of maintenance for the benefit of any child, under Part 10;
[Act 18 of 2023 wef 31/01/2024]
(c)an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act 1966; or
(d)a maintenance order as defined in section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1975;
“marriage preparation programme” means a marriage preparation programme prescribed under section 21B(b).
[Act 3 of 2022 wef 25/09/2023]
Division 2 — Validity of marriages
[Act 3 of 2022 wef 25/09/2023]
Avoidance of marriages where either party is below 18
9.  A marriage solemnised in Singapore or elsewhere between persons either of whom is below 18 years of age is void unless the solemnisation of the marriage was authorised by a special marriage licence.
[Act 3 of 2022 wef 25/09/2023]
Avoidance of marriages within prohibited degrees
10.—(1)  A marriage solemnised in Singapore or elsewhere between a man and any of the persons mentioned in the first column of the First Schedule, or between a woman and any of the persons mentioned in the second column of that Schedule, is void.
(2)  Despite subsection (1) and the First Schedule, the Minister may grant a licence under this section for a marriage to be solemnised, notwithstanding the kindred or affinity of the parties, if the Minister is satisfied that the marriage is valid under the law, religion, custom or usage which would have been applicable to the parties thereto if this Act had not been enacted.
(3)  A marriage solemnised under such a licence is valid.
[Act 3 of 2022 wef 25/09/2023]
Avoidance of marriages by subsisting prior marriage
11.  A marriage solemnised in Singapore or elsewhere between persons either of whom, at the date of the marriage, is married under any law, religion, custom or usage to any other person is void.
Avoidance of marriages of convenience
11A.—(1)  A marriage solemnised on or after 1 October 2016, whether in Singapore or elsewhere, is void if —
(a)a party to the marriage contracts or otherwise enters into the marriage knowing or having reason to believe that the purpose of the marriage is to assist the party or the other party to the marriage to obtain an immigration advantage; and
(b)any gratification, whether from a party to the marriage or another person, is offered, given or received as an inducement or reward to any party to the marriage for entering into the marriage.
[7/2016]
(2)  However, a marriage is not void under subsection (1) if it is proved that both parties to the marriage believed on reasonable grounds, when contracting or entering into the marriage, that the marriage would result in a genuine marital relationship.
[7/2016]
(3)  A marriage solemnised on or after 1 October 2016 is deemed to be void under subsection (1) if either party to the marriage is convicted of an offence under section 57C(1) of the Immigration Act 1959 in respect of the marriage.
[7/2016]
(4)  In this section, “gratification” and “immigration advantage” have the meanings given by section 57C(6) of the Immigration Act 1959.
[7/2016]
Avoidance of marriages between persons of same sex
12.—(1)  A marriage solemnised in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female is void.
(2)  Subject to sections 5, 9, 10, 11, 11A and 13, a marriage solemnised in Singapore or elsewhere between a person who has undergone a sex re‑assignment procedure and any person of the opposite sex is and shall be deemed always to have been a valid marriage.
[Act 3 of 2022 wef 25/09/2023]
(3)  For the purpose of this section —
(a)the sex of any party to a marriage as registered under the National Registration Act 1965 at the time of the marriage is prima facie evidence of the sex of the party; and
[Act 3 of 2022 wef 30/12/2022]
(b)a person who has undergone a sex re‑assignment procedure is identified as being of the sex to which the person has been re‑assigned.
(4)  Nothing in subsection (2) validates any such marriage which had been declared by the High Court before 1 May 1997 to be null and void on the ground that the parties were of the same sex.
Avoidance of marriages solemnised in Singapore without valid licence or by unauthorised person
13.  A marriage solemnised in Singapore is void unless it is solemnised —
(a)on the authority of a valid marriage licence or a valid special marriage licence; and
(b)by the Registrar or a licensed solemniser.
[Act 3 of 2022 wef 25/09/2023]
Division 3 — Pre-solemnisation process
[Act 3 of 2022 wef 25/09/2023]
Notice of marriage
14.—(1)  If 2 persons desire to marry in Singapore, one of them must give to the Registrar a notice of marriage in the prescribed form and manner.
(2)  The Registrar must —
(a)file and publish the notice of marriage; and
(b)keep the notice of marriage published until the earlier of the following occurs:
(i)a marriage licence is issued to the 2 persons;
(ii)the notice of marriage ceases to have effect.
[Act 3 of 2022 wef 25/09/2023]
Validity of notice of marriage
15.—(1)  A notice of marriage ceases to have effect if —
(a)3 months (or any longer prescribed period) have elapsed since the notice of marriage was given to the Registrar and the intended marriage has not been solemnised; or
(b)the notice of marriage is cancelled by the Registrar.
(2)  The Registrar may cancel a notice of marriage if —
(a)the intended marriage has not been solemnised;
(b)one of the parties has applied to the Registrar in the prescribed form and manner to cancel the notice of marriage; and
(c)the Registrar is satisfied that there is good reason to cancel the notice of marriage.
(3)  If a notice of marriage ceases to have effect —
(a)any marriage licence issued in consequence of that notice of marriage is void; and
(b)a fresh notice of marriage must be given before the parties may lawfully marry.
[Act 3 of 2022 wef 25/09/2023]
Declaration by intending parties
16.—(1)  Where a notice of marriage is given to the Registrar, each of the parties to the intended marriage must also submit to the Registrar a declaration in the prescribed form and manner.
(2)  The form prescribed for the purpose of subsection (1) must provide for a party (X) to declare —
(a)whether the parties to the intended marriage are prevented from marrying by this Act or any other law;
(b)if any party is not a citizen or permanent resident of Singapore — whether X has been physically present in Singapore for the prescribed period before the date of the notice of marriage;
(c)if the parties are required to attend and complete a marriage preparation programme — whether the parties have done so;
(d)if X was previously married but has been divorced — whether X owes any arrears in respect of any maintenance which is payable under a maintenance order; and
(e)whether X has been convicted of an offence under any of the following provisions:
(i)section 6A (marrying again during lifetime of husband or wife);
(ii)section 57C(1) of the Immigration Act 1959 (entering into marriage of convenience);
(iii)section 494 of the Penal Code 1871 (marrying again during lifetime of husband or wife) as in force immediately before 1 January 2020.
[Act 3 of 2022 wef 25/09/2023]
Issue of marriage licence
17.—(1)  Subject to the provisions of this Division, the Registrar must issue a marriage licence after —
(a)a notice of marriage is given to the Registrar;
(b)the parties to the intended marriage have each submitted the declaration required by section 16; and
(c)the prescribed fee is paid.
(2)  A marriage licence must be issued —
(a)after the expiry of 21 days from the date of the notice of marriage; and
(b)before the notice of marriage ceases to have effect.
(3)  In any prescribed class of cases, a decision whether to issue a marriage licence may be made by the operation of a computer program for which the Registrar is responsible.
(4)  A decision made under subsection (3) by the operation of a computer program —
(a)is taken to be a decision of the Registrar; but
(b)may, within the prescribed time and subject to any prescribed conditions, be —
(i)reviewed by the Registrar; and
(ii)confirmed, cancelled or substituted by the Registrar by written notice to the affected parties.
[Act 3 of 2022 wef 25/09/2023]
17A.  [Repealed by Act 3 of 2022 wef 25/09/2023]
Conditions for issuing marriage licence
18.—(1)  The Registrar must not issue a marriage licence unless the Registrar is satisfied that —
(a)the parties to the intended marriage are not prevented from marrying by this Act or any other law;
(b)if the parties are required to attend and complete a marriage preparation programme — they have done so;
(c)if any party is not a citizen or permanent resident of Singapore — at least one of the parties has been physically present in Singapore for the prescribed period before the date of the notice of marriage; and
(d)no party has made a false declaration under section 16(1) in respect of the matters in section 16(2)(d) or (e).
(2)  The Registrar may, if satisfied that there are good reasons to do so, waive the requirement in subsection (1)(c).
(3)  In deciding whether to issue a marriage licence, the Registrar may —
(a)rely on the declarations made by the parties to the intended marriage under section 16;
(b)interview the parties or require them to provide any information or evidence that the Registrar may require; or
(c)make any inquiry.
[Act 3 of 2022 wef 25/09/2023]
Caveat against issue of marriage licence
19.—(1)  Any person may, on payment of the prescribed fee, enter a caveat with the Registrar against the issue of a marriage licence for the marriage of any person named in the caveat and notice of whose intended marriage has been given to the Registrar.
[Act 3 of 2022 wef 25/09/2023]
(2)  A caveat under subsection (1) must —
(a)state the grounds of objection on which the caveat is founded;
(b)state any prescribed information; and
(c)be signed by the person entering the caveat.
[Act 3 of 2022 wef 25/09/2023]
Proceedings if caveat entered
20.—(1)  If a caveat is entered in accordance with section 19, the Registrar must not issue a marriage licence for the marriage against which the caveat has been entered unless —
(a)after examining into the matter of the said objection, the Registrar is satisfied that it ought not to obstruct the issue of the marriage licence for the marriage; or
[Act 3 of 2022 wef 25/09/2023]
(b)the caveat is withdrawn by the person who entered it.
[Act 3 of 2022 wef 25/09/2023]
(2)  In cases of doubt, it is lawful for the Registrar to refer the matter of any caveat mentioned in subsection (1) to the court which shall decide upon the same.
[27/2014]
(3)  Where the Registrar has refused to issue the marriage licence, the person applying for the same has a right of appeal to the court which is to thereupon either confirm the refusal or direct the issue of the marriage licence.
[27/2014]
(4)  The court may examine the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.
[27/2014]
(5)  The proceedings under this section are to be before a judge in chambers.
(6)  There shall be no appeal from a decision of a judge under this section.
(7)  If the Registrar or the court declares the grounds of objection to be frivolous and such as ought not to obstruct the issue of the marriage licence, the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit by the party against whose marriage the caveat was entered.
[27/2014]
Special marriage licence
21.—(1)  Subject to the provisions of this Division, the Minister may grant a special marriage licence to 2 parties for either or both of the following purposes:
(a)to authorise the parties to marry without giving a notice of marriage or being issued a marriage licence;
(b)to authorise the parties to marry even though one or both of them are below 18 years of age.
[Act 3 of 2022 wef 25/09/2023]
(2)  If 2 parties seek a special marriage licence, each of them must submit to the Minister a declaration in the prescribed form, which declaration must include the matters mentioned in section 16(2).
[Act 3 of 2022 wef 25/09/2023]
(2A)  The Minister must not grant a special marriage licence unless the Minister is satisfied that —
(a)apart from any impediment under section 9, the parties to the intended marriage are not prevented from marrying by this Act or any other law;
(b)if the parties are required to attend and complete a marriage preparation programme — they have done so;
(c)if any party is not a citizen or permanent resident of Singapore — at least one of the parties has been physically present in Singapore for the prescribed period before his or her declaration under subsection (2); and
(d)no party has made a false declaration under subsection (2) in respect of the matters mentioned in section 16(2)(d) or (e).
[Act 3 of 2022 wef 25/09/2023]
(3)  If the marriage authorised by a special marriage licence under this section is not solemnised within one month from the date of the licence, the licence becomes void.
(4)  The Minister may delegate his or her powers under this section to any person, subject to such conditions as the Minister thinks fit to impose.
(5)  [Deleted by Act 3 of 2022 wef 25/09/2023]
Consents required for licences for minors who have not previously married
21A.—(1)  The Registrar must not issue a marriage licence for the marriage of a minor unless one of the following conditions is satisfied in relation to each person mentioned in the Second Schedule as a person whose consent is required for the marriage of the minor:
(a)the person consents to the marriage;
(b)the person refuses to consent to the marriage but the court consents to the marriage in lieu of the person;
(c)the Registrar —
(i)is satisfied that the consent of the person cannot be obtained because the person is absent, inaccessible or under a disability; and
(ii)dispenses with the consent of the person.
(2)  The Minister must not grant a special marriage licence for the marriage of a minor unless one of the following conditions is satisfied in relation to each person mentioned in the Second Schedule as a person whose consent is required for the marriage of the minor:
(a)the person consents to the marriage;
(b)the person refuses to consent to the marriage but the court consents to the marriage in lieu of the person;
(c)the Minister —
(i)is satisfied that the consent of the person cannot be obtained because the person is absent, inaccessible or under a disability; and
(ii)dispenses with the consent of the person.
(3)  Where an application is made to the court for the purposes of subsection (1)(b) or (2)(b) —
(a)notice of the application must be served on the person who refused to give consent;
(b)the application must be heard in chambers; and
(c)there is no appeal from the order of the court.
(4)  This section does not apply to a minor who —
(a)was previously in a marriage that has been dissolved or annulled; or
(b)is a widower or a widow.
(5)  In this section and the Second Schedule, “minor” means a person who is below 21 years of age.
[Act 3 of 2022 wef 25/09/2023]
Marriage preparation programme
21B.  For the purposes of this Division, the Minister may, by rules made under section 180, prescribe —
(a)one or more classes of persons who are required to attend and complete a marriage preparation programme before they may marry; and
(b)what constitutes a marriage preparation programme.
[Act 3 of 2022 wef 25/09/2023]
Division 4 — Solemnisation
[Act 3 of 2022 wef 25/09/2023]
Who may solemnise a marriage
22.—(1)  A marriage may be solemnised by the Registrar or a licensed solemniser.
(2)  For the purposes of subsection (1), the Minister may grant a licence to any suitable person to solemnise marriages in Singapore.
(3)  A licensed solemniser is deemed to be a public servant within the meaning of the Penal Code 1871.
[Act 3 of 2022 wef 25/09/2023]
How is a marriage solemnised
23.—(1)  Subject to section 24, a marriage must be solemnised with all the following persons in the presence of each other in Singapore:
(a)the parties to the intended marriage;
(b)the Registrar or a licensed solemniser;
(c)at least 2 credible witnesses.
(2)  The Registrar or licensed solemniser —
(a)must ask the man whether he is willing to take the woman as his wife;
(b)must ask the woman whether she is willing to take the man as her husband; and
(c)must not solemnise the marriage unless the Registrar or the licensed solemniser is satisfied that both parties freely consent to the marriage.
(3)  Subject to this section, the Registrar or licensed solemniser may adopt any form and ceremony.
[Act 3 of 2022 wef 25/09/2023]
Registrar may permit remote solemnisation in certain circumstances
24.—(1)  The Registrar may give permission for a marriage to be remotely solemnised using a live video or live television link if —
(a)the parties to the intended marriage, the person solemnising the marriage and the witnesses will be in Singapore during the solemnisation; and
(b)the Registrar is satisfied that —
(i)there are exceptional circumstances that prevent the parties from solemnising their marriage in the presence of each other, the person solemnising the marriage or the witnesses; and
(ii)it is otherwise appropriate to give permission.
(2)  In giving permission under subsection (1), the Registrar may specify —
(a)the remote communications technology that is to be used to create the live video or live television link between the parties to the intended marriage, the person solemnising the marriage and the witnesses;
(b)the locations at which the parties, the person solemnising the marriage and the witnesses are to be present; and
(c)the administrative and technical facilities and arrangements to be put in place at those locations.
[Act 3 of 2022 wef 25/09/2023]
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