Women’s Charter 1961 — PART 3: SOLEMNISATION OF MARRIAGES

Sushant Shukla

Part of a comprehensive analysis of the Women’s Charter 1961

All Parts in This Series

Key Provisions Governing Solemnisation of Marriages in Singapore

The Women’s Charter 1961 establishes a comprehensive legal framework to regulate the solemnisation of marriages in Singapore. This framework ensures that marriages are validly contracted, prevents prohibited unions, and mandates procedural compliance to uphold the sanctity and legality of marriage. Below is an authoritative analysis of the key provisions under Part 3 of the Women’s Charter, their purposes, and the rationale behind their enactment.

Minimum Age for Marriage: Section 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." — Section 9, Women’s Charter 1961

Verify Section 9 in source document →

This provision prohibits the solemnisation of marriages where either party is under 18 years old, except where a special marriage licence is granted. The purpose is to protect minors from entering into legally binding marital relationships prematurely, which could have adverse social and economic consequences. The special marriage licence mechanism allows for exceptional cases, subject to stringent scrutiny, balancing protection with flexibility.

Prohibited Degrees of Relationship: Section 10

"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." — Section 10(1), Women’s Charter 1961

Verify Section 10 in source document →

This section invalidates marriages between parties within certain prohibited degrees of consanguinity and affinity as specified in the First Schedule. The rationale is to prevent incestuous marriages that are socially and biologically undesirable, thereby protecting family integrity and public morality.

Prohibition of Bigamous Marriages: Section 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." — Section 11, Women’s Charter 1961

Verify Section 11 in source document →

Section 11 renders void any marriage where either party is already legally married. This provision enforces monogamy, which is the legal norm in Singapore, and prevents the complications and injustices arising from bigamous relationships.

Prevention of Marriages of Convenience: Section 11A

"A marriage solemnised on or after 1 October 2016... is void if... 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... any gratification... is offered, given or received as an inducement or reward..." — Section 11A(1), Women’s Charter 1961

Verify Section 11A in source document →

This provision targets sham marriages intended to circumvent immigration laws. It voids marriages entered into primarily for immigration benefits, especially where inducements or rewards are involved. This protects the integrity of Singapore’s immigration system and deters exploitation of marriage laws for unlawful gain.

Marriage Between Persons of Opposite Sex Only: Section 12

"A marriage solemnised in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female is void." — Section 12(1), Women’s Charter 1961

Verify Section 12 in source document →

Section 12 restricts marriage to opposite-sex couples, reflecting the traditional legal definition of marriage in Singapore. This provision ensures clarity and consistency in the legal recognition of marital relationships.

Requirement for Valid Licence and Authorised Solemniser: Section 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." — Section 13, Women’s Charter 1961

Verify Section 13 in source document →

This provision mandates that marriages must be solemnised under a valid licence and by an authorised person. It ensures that marriages are properly recorded and conducted by persons empowered by law, thereby safeguarding legal certainty and preventing clandestine or fraudulent marriages.

"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." — Section 14(1), Women’s Charter 1961

Verify Section 14 in source document →

These sections require prospective spouses to give formal notice to the Registrar, enabling public scrutiny and allowing objections to be raised if necessary. This procedural safeguard helps prevent unlawful marriages and ensures transparency.

Issuance and Conditions of Marriage Licence: Sections 17 and 18

"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." — Section 17(1), Women’s Charter 1961

Verify Section 17 in source document →

"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 of Singapore 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)." — Section 18(1), Women’s Charter 1961

Verify Section 18 in source document →

These provisions set out the conditions precedent to the issuance of a marriage licence, including verification of eligibility, completion of any required marriage preparation programmes, residency requirements for non-citizens, and truthful declarations. The purpose is to ensure that marriages are legally valid and parties are fully informed and eligible.

Caveat Against Issue of Marriage Licence: Sections 19 and 20

"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." — Section 19(1), Women’s Charter 1961

Verify Section 19 in source document →

This mechanism allows third parties to object to the issuance of a marriage licence, providing a public check against unlawful or improper marriages. It serves as an additional safeguard to uphold the integrity of the marriage solemnisation process.

Special Marriage Licence: Section 21

"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." — Section 21(1), Women’s Charter 1961

Verify Section 21 in source document →

This provision provides flexibility for exceptional circumstances where the usual procedural requirements may be waived, such as urgent marriages or those involving minors with consent. It balances procedural rigor with practical considerations.

"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..." — Section 21A(1), Women’s Charter 1961

Verify Section 21A in source document →

This section ensures that minors cannot marry without the consent of designated persons, typically parents or guardians. It protects minors from entering into marriage without adequate support and consideration.

Marriage Preparation Programme: Section 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." — Section 21B, Women’s Charter 1961

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This provision empowers the Minister to require certain couples to undergo marriage preparation programmes, promoting informed and responsible marriages. It aims to reduce marital breakdowns by equipping couples with knowledge and skills.

Who May Solemnise a Marriage and How: Sections 22 and 23

"A marriage may be solemnised by the Registrar or a licensed solemniser." — Section 22(1), Women’s Charter 1961

Verify Section 22 in source document →

"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." — Section 23(1), Women’s Charter 1961

Verify Section 23 in source document →

These provisions specify who is authorised to solemnise marriages and the procedural requirements for solemnisation, including the presence of parties and witnesses. This ensures solemnisation is conducted properly and legally recognised.

Remote Solemnisation of Marriage: Section 24

"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." — Section 24(1), Women’s Charter 1961

Verify Section 24 in source document →

This modern provision allows for remote solemnisation under exceptional circumstances, such as health emergencies or travel restrictions, while maintaining the integrity and legal validity of the marriage ceremony.

Definitions Relevant to Solemnisation of Marriages

"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; (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; (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)." — Section 8, Women’s Charter 1961

Verify Section 8 in source document →

Section 8 provides precise definitions for terms used in the context of marriage solemnisation. The definition of "maintenance order" clarifies the scope of maintenance obligations recognized under various laws, including Muslim law and reciprocal enforcement acts. The "marriage preparation programme" is defined to ensure clarity on what constitutes such programmes as prescribed by the Minister. These definitions ensure consistency and legal certainty in the application of the Charter.

Penalties for Non-Compliance

The Women’s Charter does not explicitly state penalties for non-compliance with solemnisation procedures within Part 3. However, non-compliance generally results in the marriage being void or voidable, which has significant legal consequences. Additional offences related to marriage, such as bigamy or sham marriages, may be prosecuted under other statutes referenced within the Charter.

Cross-References to Other Legislation

The Women’s Charter integrates with other statutes to provide a holistic legal framework for marriage solemnisation:

Administration of Muslim Law Act 1966: Recognizes maintenance orders made by the Syariah Court (Section 8(c)).
Maintenance Orders (Reciprocal Enforcement) Act 1975: Defines maintenance orders enforceable across jurisdictions (Section 8(d)).
Immigration Act 1959: Defines "gratification" and "immigration advantage" relevant to marriages of convenience and criminalizes such offences (Sections 11A(4), 11A(3), 16(2)(e)(ii)).
Penal Code 1871: Deems licensed solemnisers as public servants and criminalizes bigamy (Sections 22(3), 16(2)(e)(iii)).
National Registration Act 1965: Provides prima facie evidence of a party’s sex for marriage purposes (Section 12(3)(a)).
Section 180 of the Women’s Charter: Empowers the Minister to prescribe rules for marriage preparation programmes (Section 21B).

These cross-references ensure that marriage solemnisation is consistent with broader legal principles and enforcement mechanisms.

Conclusion

The solemnisation of marriages in Singapore is governed by a detailed legal framework under the Women’s Charter 1961, designed to uphold the validity, propriety, and social purpose of marriage. The provisions ensure that parties meet minimum age requirements, are not closely related, are free from existing marriages, and do not enter into sham marriages. Procedural safeguards such as notice, licensing, consent, and authorised solemnisation protect the integrity of the institution. The integration with other statutes further strengthens enforcement and clarity. This framework reflects Singapore’s commitment to maintaining orderly and lawful marital relationships.

Sections Covered in This Analysis

Section 8 – Definitions
Section 9 – Minimum Age for Marriage
Section 10 – Prohibited Degrees of Relationship
Section 11 – Prohibition of Bigamous Marriages
Section 11A – Marriages of Convenience
Section 12 – Marriage Between Persons of Opposite Sex
Section 13 – Valid Licence and Authorised Solemniser
Sections 14 to 16 – Notice of Marriage and Related Procedures
Sections 17 and 18 – Issuance and Conditions of Marriage Licence
Sections 19 and 20 – Caveat Against Issue of Marriage Licence
Section 21 – Special Marriage Licence
Section 21A – Consent for Minors
Section 21B – Marriage Preparation Programme
Sections 22 and 23 – Who May Solemnise a Marriage and How
Section 24 – Remote Solemnisation of Marriage

Source Documents

For the authoritative text, consult SSO.

Written by Sushant Shukla

Topics

Singapore SSOStatutes Legislation