The Women’s Charter was passed in 1961 to protect the rights of women and girls in Singapore. The Women’s Charter is an Act which provides the legal basis for equality between husband and wife.
The Charter
- Makes polygamy illegal;
- Recognises the wife’s right to a different domicile from her husband;
- States the rights and duties of both husbands and wives in the management of the home and children;
- Makes it obligatory for parents to maintain their children, and for a husband to maintain his wife;
- Governs divorce proceedings and entitles the divorced man or wife to a share of matrimonial assets;
- Enables a battered spouse to gain protection from the perpetrator;
- Provides the penalty for offences against women and girls.
The Women’s Charter (Amendment) Act 2011
In January 2011, the Women's Charter (Amendment) Bill was passed in Parliament. The Charter was amended to facilitate marriages, mitigate the impact of divorce and enhance the enforcement of maintenance orders. Sections of the Women’s Charter (Amendment) Act 2010 which came into operation on 1 June 2011, are as follows:
- Removal of requirement for marrying couples to be resident in Singapore for a period of 15 days prior to filing the notice of marriage, where such couples are both Singaporeans or Singapore Permanent Residents.
- Better safeguard for children's needs after a divorce, by allowing the court to order transfers of matrimonial assets into a Children's Development Account, where the monies are restricted to uses that are beneficial to a child's development
- Provision of financial relief through ancillary orders to persons who have divorced overseas, by empowering the Singapore courts to make such orders under certain conditions
- More sanctions to deter defaults on maintenance orders, by empowering the court to impose new sanctions on defaulters, such as ordering the defaulter to furnish a banker's guarantee, attend financial counselling, or perform community service
- Provision for maintenance debts to be reported to designated credit bureaus and reflected in defaulters' credit report
- Powers for the court to make rules for parties to produce relevant information during proceedings; and to make an order to CPF Board requesting for information on a party's employment/employer, during proceedings relating to an attachment of earnings order
Other sections of the Women's Charter (Amendment) Act 2011, which came into operation from 1 September 2011 are:
- The Minister may prescribe certain classes of persons to attend marriage preparation programmes before they are issued with a marriage licence, to reduce the risks of divorce
- Divorcing parties with children will be required by the court to attend mediation and/or counselling, as part of divorce proceedings. This is to safeguard the interests of the children as parents would need to come to an agreement on the children's care arrangements
- Remarrying parties will be required to declare if they have a maintenance order and maintenance arrears before a marriage licence is issued. This is intended to make future spouses aware on a party's outstanding financial obligations to his/her other family,
Filing of complaints via video conference
Persons who wish to enforce their spousal/child maintenance orders can now file a complaint against defaults in payment via video conferencing at two additional locations - the Singapore Council of Women’s Organisations (SCWO) or the Tampines Family Service Centre (TFSC). In addition, the agencies can assist complainants who need other forms of social assistance. Persons who wish to make use of the service can contact the agencies directly to make arrangements (see contact details at Annex).
Previously, complainants can only file their complaints in person at the Family Court. The two new locations provide additional channels and will make it more convenient for complainants by cutting down the need for them to travel to the Courts.
For More Information:
Enhancing the Enforcement of Maintenance Orders
Women's Charter (actual legislation)
Attorney-General's Office
Frequently Asked Questions