Singapore legislation

Clause 47

of Women’s Charter

Clause 47

Married woman to be capable of holding property and of contracting as a feme sole

(1)

A married woman shall, in accordance with this Part of this Ordinance, be capable of acquiring, holding and disposing by will or otherwise of any movable or immovable property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee.

(2)

Section 19 of the Wills Ordinance (Cap. 35) shall apply to the will of a married woman made during coverture, whether she is or is not possessed of or entitled to any separate property at the time of making it, and such will shall not require to be re-executed or re-published after the death of her husband.

(3)

A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort or otherwise in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff or defendant or be made a party to any action or other legal proceeding brought by or taken against her; and any damages or costs recovered by her in any such action or proceeding shall be her separate property; and any damages or costs recovered against her in any such action or proceeding shall be payable out of her separate property, and not otherwise.

(4)

Every contract entered into by a married woman otherwise than as agent —

(a)

shall be deemed to be a contract entered into by her with respect to and to bind her separate property, whether she is or is not in fact possessed of or entitled to any separate property, at the time when she enters into such contract;

(b)

shall bind all separate property which she is at that time or thereafter possessed of or entitled to; and

(c)

shall also be enforceable by process of law against all property which she is thereafter while discovert possessed of or entitled to.

(5)

Nothing in this section shall render available to satisfy any liability or obligation arising out of such contract any separate property which at that time or thereafter she is restrained from anticipating.

Clause 47 — Women’s Charter | laws.sg