Part of a comprehensive analysis of the Women’s Charter 1961
All Parts in This Series
- PART 1
- PART 2 (this article)
- PART 3
- PART 4
- PART 5
- PART 6
- PART 7
- PART 8
- PART 9
- part 7
- PART 10
- PART 10
- PART 10
- PART 10
Monogamy and Validity of Marriage Under the Women’s Charter: Key Provisions and Their Purpose
The Women’s Charter (Cap. 353) establishes the legal framework governing marriage in Singapore, with a clear emphasis on monogamous unions. The key provisions in this Part serve to prohibit contracting multiple valid marriages simultaneously, thereby ensuring the sanctity and exclusivity of the marital relationship. These provisions also set out the consequences for violations, including the nullity of unlawful marriages and criminal penalties.
"Every person who on 15 September 1961 is lawfully married ... shall be incapable during the continuance of that marriage ... of contracting a valid marriage ... with any person other than such spouse or spouses." — Section 4, Women’s Charter 1961
Verify Section 4 in source document →
Section 4 prohibits any person who is lawfully married from contracting another valid marriage during the subsistence of the first marriage. This provision exists to uphold the principle of monogamy, which is foundational to Singapore’s family law system. It prevents bigamy and polygamy, practices that could undermine marital stability and social order.
"Every marriage contracted in Singapore or elsewhere in contravention of section 4 is void." — Section 5(1), Women’s Charter 1961
Verify Section 5 in source document →
Section 5(1) declares any marriage contracted in breach of Section 4 to be void. This means such a marriage has no legal effect from the outset. The purpose of this provision is to provide legal clarity and finality, ensuring that unlawful marriages do not enjoy legal recognition or protection.
"Any person lawfully married ... who during the continuance of that marriage purports to contract a marriage ... in contravention of section 4 is deemed to commit the offence of marrying again during the lifetime of the husband or wife ..." — Section 6, Women’s Charter 1961
Verify Section 6 in source document →
Section 6 criminalises the act of contracting a second marriage while the first subsists, reinforcing the prohibition against bigamy. This provision serves a deterrent function, discouraging individuals from entering into multiple marriages simultaneously.
"Every marriage solemnised in Singapore after 15 September 1961 ... shall continue until dissolved — (a) by the death of one of the parties; (b) by order of a court of competent jurisdiction; or (c) by a declaration made by a court of competent jurisdiction that the marriage is null and void." — Section 7, Women’s Charter 1961
Verify Section 7 in source document →
Section 7 sets out the modes by which a marriage may be dissolved or declared void. This provision ensures that the legal status of a marriage is clear and that parties understand the conditions under which a marriage ceases to exist. It protects the rights of spouses and third parties by providing legal certainty.
Definitions and Terminology in the Women’s Charter
While the Part does not explicitly define certain terms, it employs specific phrases that carry significant legal meaning. Understanding these terms is crucial for interpreting the provisions correctly.
"Every person who on 15 September 1961 is lawfully married under any law, religion, custom or usage ..." — Section 4, Women’s Charter 1961
Verify Section 4 in source document →
The phrase "lawfully married under any law, religion, custom or usage" acknowledges the diversity of marriage practices in Singapore, including customary and religious marriages. This inclusive language ensures that the prohibition against multiple marriages applies broadly, regardless of the form or recognition of the initial marriage.
"Every marriage contracted ... in contravention of section 4 is void." — Section 5(1), Women’s Charter 1961
Verify Section 5 in source document →
The term "void marriage" refers to a marriage that is null from the outset and has no legal effect. This concept is fundamental to family law, as it distinguishes between valid and invalid marital unions and determines the rights and obligations of the parties involved.
"Every marriage solemnised in Singapore after 15 September 1961 ... shall continue until dissolved ..." — Section 7, Women’s Charter 1961
Verify Section 7 in source document →
The phrase "continuance of that marriage" refers to the period during which the marriage remains legally valid and subsisting. This temporal element is critical in applying the prohibition against contracting another marriage simultaneously.
Penalties for Contracting Multiple Marriages and Related Offences
The Women’s Charter imposes stringent penalties to enforce the prohibition against bigamy and related offences. These penalties serve both punitive and deterrent purposes, reflecting the seriousness with which Singapore law treats the sanctity of marriage.
"Be punished with imprisonment for a term not exceeding 10 years and shall also be liable to a fine not exceeding $15,000;" — Section 6A(a), Women’s Charter 1961
Verify Section 6A in source document →
Section 6A(a) prescribes the highest penalty for offenders who conceal their former marriage when contracting a subsequent marriage. The severity of this penalty underscores the aggravating factor of deception, which undermines the integrity of the marriage registration system.
"Be punished with imprisonment for a term not exceeding 7 years and shall also be liable to a fine not exceeding $10,000." — Section 6A(b), Women’s Charter 1961
Verify Section 6A in source document →
Section 6A(b) provides for a lesser penalty where the offender does not conceal the former marriage. This distinction reflects the law’s recognition of varying degrees of culpability in bigamy offences.
"Shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding 10 years and shall also be liable to a fine not exceeding $15,000." — Section 6B, Women’s Charter 1961
Verify Section 6B in source document →
Section 6B extends the criminal liability to other related offences connected with marrying again during the lifetime of a spouse. This provision ensures comprehensive coverage of unlawful conduct surrounding bigamous marriages.
"Shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding 7 years and shall also be liable to a fine not exceeding $10,000." — Section 6C, Women’s Charter 1961
Verify Section 6C in source document →
Section 6C similarly penalises other offences related to bigamy, with penalties calibrated according to the nature of the offence. These provisions collectively reinforce the legal prohibition against multiple simultaneous marriages.
Cross-References to Other Legislation and Legal Implications
The Women’s Charter provisions on marriage interact with other laws, ensuring a coherent legal framework that addresses maintenance obligations and the status of void marriages.
"Nothing in this section affects the liability of any person to pay such maintenance as may be directed to be paid by that person under any written law." — Section 5(3), Women’s Charter 1961
Verify Section 5 in source document →
Section 5(3) clarifies that the void status of a marriage does not absolve a person from maintenance obligations imposed under other written laws. This ensures that parties cannot evade financial responsibilities by relying on the invalidity of a marriage.
"Deemed to commit the offence of marrying again during the lifetime of the husband or wife ... within the meaning of section 6A." — Section 6, Women’s Charter 1961
Verify Section 6 in source document →
Section 6 explicitly links the offence of contracting a second marriage during the subsistence of the first to the penalties set out in Section 6A. This cross-reference provides legal clarity and facilitates enforcement.
"This section does not extend to any person whose marriage ... has been declared void by a court of competent jurisdiction ..." — Section 6A, Women’s Charter 1961
Verify Section 6A in source document →
Section 6A exempts persons whose previous marriage has been declared void from criminal liability for contracting another marriage. This provision recognizes that a void marriage is treated as if it never existed, thereby allowing parties to remarry without penalty.
Conclusion
The Women’s Charter provisions on monogamy and marriage validity are designed to uphold the exclusivity and legal sanctity of marriage in Singapore. By prohibiting multiple simultaneous marriages, declaring unlawful marriages void, and imposing significant penalties for violations, the Charter protects the institution of marriage and the rights of spouses. The cross-references to other laws ensure that these provisions operate within a broader legal context, addressing maintenance and the status of void marriages comprehensively.
Sections Covered in This Analysis
- Section 4
- Section 5(1) and 5(3)
- Section 6
- Section 6A(a) and 6A(b)
- Section 6B
- Section 6C
- Section 7
Source Documents
For the authoritative text, consult SSO.