Singapore legislation

Clause 10

of Women’s Charter (Amendment) Bill

Clause 10

Repeal and re-enactment of sections 14 to 18 and new Division heading of Part 3

Sections 14 to 18 of the Women’s Charter are repealed and the following Division heading and sections substituted therefor:“Division 3 — Pre-solemnisation processNotice of marriage14.—

(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.Validity of notice of marriage15.—

(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.Declaration by intending parties16.—

(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.Issue of marriage licence17.—

(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.Conditions for issuing marriage licence18.—

(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.”.