SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
(a) files an affidavit of service exhibiting any docu ‑ ment to indicate that the person to be served has received the originating application; and (b) the court is satisfied that the document exhib ‑ ited indicates that the person to be served has received the originating application. In civil proceedings, the court’s approval is generally required for service of the originating application out of Singapore. However, Part 7 Rule 10 of the Family Justice (General) Rules 2024 states that the court’s approval is not required for service of an originating application or other court documents relating to any proceedings under Part 10 of the Women’s Charter 1961 out of Singapore. Religious Marriages and Divorces The Women’s Charter 1961 does not apply to mar ‑ riages solemnised or registered under Muslim law. Instead, the Administration of Muslim Law Act 1966 governs Muslim marriages, with the Syariah Court deciding matters concerning divorces in Muslim mar ‑ riages. Customary marriages entered into before 2 June 1967 are also recognised as valid marriages. Post 2 June 1967, marriages solemnised in Singapore are only rec ‑ ognised as valid marriages if they are in accordance An individual may file an originating application for judicial separation based on any of the six ‘“facts” as set out in “Grounds for Divorce”. Parties may file for judicial separation prior to the three-year time limit. Thereafter, they may commence divorce proceedings on the basis of an irretrievable breakdown of their marriage (as detailed previously) in order to obtain a divorce. Following a judgment of judicial separation, the par ‑ ties are no longer obliged to cohabit with each other. Where parties are judicially separated (but remain married) and one party passes away intestate, the oth ‑ er party is not entitled to claim part of the deceased spouse’s estate. with the Women’s Charter 1961. Judicial Separation/Annulment
Parties may also choose to annul their marriage if it fulfils the requirements for annulment under Sections 105 or 106 of the Women’s Charter 1961. There are two types of annullable marriages: “void” or “voidable marriages”. The following civil marriages are void under Section 105 of the Women’s Charter 1961: • a marriage between persons who are Muslims; • a marriage between persons who, at the date of the marriage, are not respectively male and female; • a marriage where one party is already lawfully mar ‑ ried to a spouse under any law, religion, custom or usage; • a marriage where one party is below the age of 18 years (and there is no authorisation by a special marriage licence); • a marriage within specific degrees of kindred rela ‑ tionship and affinity (as set out in the First Sched ‑ ule of the Women’s Charter 1961); • a marriage that has not been solemnised with a valid marriage licence and by a registrar or a licensed solemniser; and • a marriage of convenience. The following marriages are voidable under Section 106 of the Women’s Charter 1961: • a marriage that has not been consummated owing to the incapacity of either party or wilful refusal by one party to consummate it; • a marriage where one party did not validly consent to it; • a marriage where, at the time of the marriage, a party who is capable of giving valid consent was suffering from a mental disorder of such a kind or to such an extent as to make them unfit for mar ‑ riage; • a marriage where, at the time of the marriage, one party was suffering from a venereal disease in a communicable form; and • a marriage where, at the time of the marriage, one party was pregnant by some person other than the spouse. An applicant commencing a legal action to annul a marriage must file their originating application in
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