Singapore legislation

Clause 27

Repeal and re-enactment of Part 6

Part 6 of the Women’s Charter is repealed and the following Part substituted therefor:“PART 6RIGHTS AND DUTIES OF HUSBAND AND WIFEDivision 1 — Rights and dutiesDuty to cooperate

46. A husband and wife are mutually bound to cooperate with each other in —

(a)

safeguarding the interests of the union; and

(b)

caring and providing for the children.Right to separately engage in trade, etc.

47. A husband and wife have the right separately to engage in any trade or profession or in social activities.Equal rights in running matrimonial household

48. A husband and wife have equal rights in the running of the matrimonial household.Equal shares in money and property derived from housekeeping allowance

49. Subject to any contrary agreement between a husband and wife —

(a)

money derived from any allowance made by the husband for the expenses of the matrimonial home or for similar purposes; and

(b)

property acquired using that money,are to be treated as belonging to the husband and wife in equal shares.Division 2 — Abolition of common law disabilities imposed on married women, etc.Married women have same rights, etc., as married men50.—

(1)

Unless otherwise provided in any written law, the rights, privileges, powers, capacities, duties and liabilities of a married woman are, for all the purposes of the law of Singapore (whether substantive, procedural or otherwise), the same in all respects as those of a married man, whether she is acting in a personal, official, representative, fiduciary or other capacity.(2) Subsection (1) is not limited by the provisions of this Division.Married women may use own surname and name

51. A married woman may use her own surname and name separately.Abolition of married woman’s dependent domicile52.—

(1)

Subject to subsection (2), the domicile of a married woman —

(a)

is to be ascertained in the same way as the domicile of any other individual capable of having an independent domicile; and

(b)

must not be taken to be the same as her husband’s just because they are married.(2) If a married woman had her husband’s domicile by dependence immediately before 1 June 1981, she retains that domicile (as a domicile of choice, if it is not also her domicile of origin) unless it is changed by the acquisition or revival of another domicile on or after that date.Abolition of separate property53.—

(1)

Subject to subsection (2), property that —

(a)

belongs to a woman married on or after 15 September 1961 at the time of her marriage;

(b)

is acquired by or devolves upon a married woman on or after 15 September 1961; or

(c)

immediately before 15 September 1961 was the property (including the separate property) of a married woman or held for her separate use in equity,belongs to her in all respects as if she were not married and may be disposed of accordingly.(2) Subsection (1) does not affect the right of any married woman to any property that she had immediately before 15 September 1961.Abolition of restrictions on anticipation or alienation

54. Any instrument (whether executed before, on or after 15 September 1961) is void insofar as —

(a)

it purports to attach a restriction on anticipation or alienation to the enjoyment of any property by a woman; and

(b)

the restriction could not have been attached to the enjoyment of that property by a man.Husband and wife may sue each other in tort

55. Subject to section 57, a husband and wife may sue each other in tort as if they were not married.Division 3 — Procedure in certain casesSummary procedure for deciding questions between husband and wife as to property56.—

(1)

This section applies where there is a question between a husband and wife as to the title to or possession of any property.(2) Either party may apply to the court by summons or in any other summary way.(3) In an application under subsection (2), the court may —

(a)

make any order —

(i)

with respect to the property in dispute; and

(ii)

as to the costs of the application; or

(b)

direct —

(i)

the application to stand over; and

(ii)

an inquiry to be made into the disputed matters.(4) An application under subsection (2) —

(a)

may be heard in chambers if either party so requires; and

(b)

may be made at any time —

(i)

during the subsistence of the marriage; or

(ii)

within 3 years after the marriage is dissolved or annulled.Power of court to stay tort action between husband and wife, etc.

57. Where a husband sues his wife in tort (or vice versa) during the subsistence of the marriage, the court may —

(a)

stay the action if it appears that —

(i)

neither party would substantially benefit from the continuation of the proceedings; or

(ii)

the dispute could be more conveniently resolved in an application under section 56(2); or

(b)

exercise the powers under section 56(3).”.

Read in full context — Women’s Charter (Amendment) Bill →