In Singapore, where nearly one in ten marriages end in divorce, the Women’s Charter for Divorce is a cornerstone of family law and is pivotal in these proceedings. It safeguards the rights of women and children, ensuring fair treatment and protection during marital dissolution.
This comprehensive article outlines the Women’s Charter, such as irretrievable breakdown and adultery, and provides legal protections related to child custody, maintenance, and division of assets.
Understanding the Women’s Charter is crucial for anyone navigating the complexities of divorce in Singapore.
What Is The Women’s Charter?
The Women’s Charter is a significant piece of legislation in Singapore, passed in 1961, aimed at protecting and advancing the rights of women and girls.
This charter was introduced to establish legal equality between genders. It addresses various aspects of family life, including the relationship between husband and wife, the rights and responsibilities of parents towards their children, and the procedures for divorce in Singapore under the Women’s Charter.
At its core, the Women’s Charter is a comprehensive legal framework that governs marital relations, family violence, and the division of matrimonial assets.
It plays a crucial role in safeguarding the rights of women, particularly in the context of marriage and family. By criminalising gender-based discrimination, domestic violence, and the exploitation of married women’s property, the Women’s Charter ensures that women have legal protection in these areas.
Key provisions of the Women’s Charter relevant to divorce include:
- Divorce Procedures: The Women’s Charter outlines the legal grounds and procedures for divorce, ensuring that the rights of both husbands and wives are considered during the process.
- Maintenance Obligations: It establishes the obligation of spouses to provide reasonable maintenance, either as a monthly allowance or a lump sum, to ensure financial support during and after the marriage.
- Child Custody and Guardianship: The Women’s Charter protects the rights of minor children, ensuring that their best interests are prioritised in custody and guardianship decisions.
- Protection Against Family Violence: The charter provides legal protection against family violence, ensuring penalties for offences committed against women and girls within the family.
The Women’s Charter remains a vital tool in promoting gender equality and protecting the rights of women in Singapore, particularly in the context of marriage, family, and divorce.
What Are The Rights Of A Singaporean Woman Under The Women’s Charter?
The Women’s Charter in Singapore provides several key rights to women, ensuring they are protected within the framework of marriage and family. These rights are essential in promoting gender equality and safeguarding the welfare of women and children:
- Right to Equal Treatment in Marriage: Under the Women’s Charter, both the husband and wife are granted equal rights in the running of the family home (Section 48). This provision ensures that wives have an equal say in matters concerning the household and family decisions.
- Right to Use Her Own Surname: The Women’s Charter recognises a married woman’s right to use her own surname and name separately (Section 51). This right supports a woman’s autonomy and identity within the marriage.
- Right to Maintenance: A significant provision under the Women’s Charter is the right to reasonable maintenance. If a husband fails to provide adequate support, the wife may apply to the Court for maintenance as a monthly allowance or a lump sum (Section 69).
- Rights Concerning Housekeeping Allowance: The housekeeping allowance given by the husband to the wife belongs equally to both parties unless there is an agreement stating otherwise (Section 49). This provision acknowledges the joint financial contribution to the family.
- Parental Duties and Child Custody: Under the Women’s Charter, parents have a duty to maintain their children (Section 68). This obligation ensures that both parents are responsible for the welfare and upbringing of their minor children, irrespective of their marital situation.
- Protection from Domestic Violence: The Women’s Charter also offers protection against domestic violence. The charter includes penalties for offences such as family violence, pimping (living on the earnings of a prostitute), and trafficking of women and girls (Sections 140 and 141).
- Inheritance Rights: Another important aspect of the Women’s Charter is its provisions on inheritance. The charter ensures that illegitimate children have inheritance rights, providing them with legal protection in cases where the legitimacy of a child might affect their right to inherit.
6 Grounds For Divorce In Singapore Under Women’s Charter
In Singapore, divorce is governed by the Women’s Charter, a legislative framework that outlines the conditions under which a marriage can be legally dissolved.
When you file for divorce, it is essential to establish that your marriage has reached an irretrievable breakdown, which is the sole ground for divorce recognised under the Women’s Charter.
The irretrievable breakdown of a marriage can be demonstrated through six specific facts, as set out in Section 95 of the Women’s Charter. Understanding these grounds is crucial for couples considering divorce in Singapore, as they determine the legal pathway for dissolving a marriage.
#1. Divorce On Mutual Agreement
As of 1 July 2024, the option for divorce by mutual agreement becomes available under the Women’s Charter. This new provision allows married couples to cite mutual agreement as a reason for divorce if they both acknowledge that their marriage has irretrievably broken down.
This option is available for couples pursuing divorce under both the simplified and normal tracks, provided they are not contesting the divorce.
To successfully cite divorce by mutual agreement, couples must submit a written agreement to the Court detailing the reasons for concluding that their marriage cannot be salvaged, the efforts made to reconcile, and the arrangements concerning their financial affairs and children, if any.
The Court will then assess whether the marriage has truly broken down and whether there is any reasonable possibility of reconciliation.
This no-fault divorce option is designed to make the divorce process faster and more amicable. However, the threshold for the Court to grant a divorce under this ground remains high, as the Courts aim to ensure that couples are not using this as an easy way out of the marriage.
#2. Adultery
Adultery is another ground for divorce under the Women’s Charter. For adultery to be cited as a reason for divorce, it must involve sexual intercourse between one spouse and a third party. Mere physical intimacy without intercourse does not qualify as adultery.
To prove adultery in Court, evidence such as a private investigator’s report, a confession, or written documentation must be presented.
It is important to note that if you choose to rely on adultery as grounds for divorce, you must file for divorce within six months of discovering the adultery.
Additionally, if you continue to live with your spouse for more than six months after becoming aware of the adultery, you cannot rely on this ground for divorce.
#3. Unreasonable Behaviour
Under the Singapore Women’s Charter for divorce, unreasonable behaviour is a common ground cited when one spouse’s actions make it intolerable for the other to continue living with them.
This ground for divorce is frequently used, with many cases reflecting various forms of misconduct that have strained the marriage to the point of irretrievable breakdown.
Unreasonable behaviour refers to conduct that a reasonable person would consider intolerable. This can include a range of actions, such as:
- Physical violence: If a spouse has been violent or abusive, this is often cited as unreasonable behaviour.
- Verbal abuse: Persistent insults or derogatory remarks can contribute to the breakdown of a marriage.
- Alcoholism or substance abuse: A spouse who frequently indulges in excessive drinking or drug use and becomes aggressive or irresponsible under the influence.
- Financial irresponsibility: A spouse who spends recklessly or fails to provide financially for the family can be considered to be behaving unreasonably.
- Gambling addiction: When a spouse has a compulsive gambling habit that leads to significant financial distress for the family.
- Lack of respect or affection: A spouse who consistently shows disrespect or indifference towards their partner’s feelings and well-being.
- Infidelity or improper relationships: Engaging in inappropriate relationships with others can be grounds for citing unreasonable behaviour.
In divorce proceedings based on unreasonable behaviour, the party filing for divorce must provide specific examples of their spouse’s conduct. The Court will evaluate these claims to determine whether the behaviour justifies the dissolution of the marriage.
It’s important to note that what may be considered unreasonable behaviour can vary from one case to another, and the Court assesses each situation based on its unique circumstances.
#4. Desertion Of 2 Years
Desertion as a ground for divorce under the Women’s Charter in Singapore requires proof that one spouse has intentionally abandoned the other for a continuous period of at least two years.
To establish desertion, the deserted spouse must demonstrate that the other party left the marriage voluntarily and without any justification, such as a mutually agreed separation.
The deserted spouse must also show that the desertion continued uninterrupted for at least two years immediately before the start of the divorce proceedings.
The legal implications of desertion are significant. When a spouse deserts the marriage, they effectively breach the joint responsibility of maintaining the relationship and caring for the family, including any children involved.
Desertion can make amicable settlement more challenging, as it often reflects a total breakdown of communication and cooperation between the spouses.
In Court, proving desertion involves providing evidence that the deserting spouse had no intention of returning and that their departure was not prompted by the actions of the other spouse.
If desertion is established, it serves as a valid ground for divorce, allowing the Court to grant the dissolution of the marriage.
#5. Separation For 3 Years With Spouse’s Consent
Under the Women’s Charter in Singapore for divorce, one ground for filing for divorce is the separation for three years with the consent of your spouse. This ground is considered a no-fault divorce, meaning neither party must prove any wrongdoing or unreasonable behaviour by the other.
Instead, the focus is on the fact that both parties have mutually agreed that their marriage has irretrievably broken down after living apart for a continuous period of three years.
To file for divorce based on this ground, both parties must agree to the divorce. This ground is commonly used by couples who prefer an amicable split without the contentious process often associated with a contested divorce.
It’s important to note that the separation period must be continuous; even a brief reconciliation could reset the three-year count.
A common misconception is that divorce becomes automatic after three years of separation. However, this is not the case. You still need to file the necessary legal documents to initiate the divorce proceedings.
These documents include:
- A Writ of Divorce: This is the formal document that begins the divorce process.
- An Agreed Statement of Facts: This outlines the details of the separation and the agreement between the spouses.
- A Draft Consent Order: This document lays out the terms agreed upon by both parties, including arrangements for the matrimonial home, children, and financial matters.
The Court will review these documents to ensure that the criteria for divorce under the Singapore Women’s Charter are met. If everything is in order, the Court will grant the divorce without the need for a Court hearing, making the process smoother for both parties.
#6. Separation For 4 Years
Another ground for divorce under the Women’s Charter Act for Divorce is the separation for four years. Unlike the three-year separation, this ground does not require the consent of the other spouse, making it a viable option for those whose spouses are unwilling to agree to a divorce.
The separation must be continuous for at least four years immediately before the filing of the divorce.
The significance of the four-year separation is that it allows one party to seek a divorce even if the other party does not consent.
This ground is often used when the marriage has irretrievably broken down. Still, one spouse is reluctant to agree to a divorce, perhaps due to emotional reasons or concerns about the implications for the children or financial arrangements.
To prove four years of separation, the party seeking the divorce must provide evidence that the couple has lived apart for the required period. This evidence may include:
- Separate living arrangements: Documentation that shows the spouses have lived in different residences for four years.
- Testimony from witnesses: Statements from friends, family, or neighbours who can confirm the separation.
- Financial records: Bank statements or bills demonstrating independent financial arrangements during the separation period.
The Court will assess the evidence to determine whether the separation meets the requirements under the Women’s Charter Bill. If the Court is satisfied, it will grant the divorce, even without the other spouse’s consent.
Child Custody Under The Women’s Charter In Singapore
The Women’s Charter in Singapore provides a framework for determining child custody during divorce proceedings. This legal framework ensures that the welfare of the child is the Court’s paramount consideration, as outlined in Section 125 of the Women’s Charter.
Types Of Child Custody
Under the Women’s Charter, the Court recognises different types of custody arrangements:
- Sole Custody: One parent is granted full legal responsibility for making major decisions regarding the child’s upbringing. The other parent may be granted visitation rights, but they do not have any legal authority over decisions concerning the child.
- Joint Custody: Both parents share legal responsibility for making decisions about the child’s upbringing, requiring them to cooperate on major decisions even though the child may primarily reside with one parent.
- Shared Custody: The child alternates living with both parents, who equally share legal and physical custody. This arrangement requires substantial cooperation between the parents and is often in the child’s best interest, particularly when both parents are equally involved in the child’s life.
Determining Custody Arrangements
The Court decides custody based on what is in the best interests of the child, taking into account the child’s welfare and the wishes of the parents and the child, where the child is of an age to express an independent opinion.
The Court may impose specific conditions on the custody arrangement. For example, the Court may determine the child’s primary residence, regulate the non-custodial parent’s access, and decide whether the child can be taken out of Singapore.
According to Sections 126 (2A) and 126 (2B) of the Women’s Charter, these orders ensure that the child’s welfare remains a priority.
Removing a child from Singapore without proper consent is a serious offence. The Women’s Charter stipulates that a child cannot be removed from Singapore without the written consent of both parents or the Court’s permission.
Any party found guilty of violating this provision may face a fine of up to $5,000, imprisonment for up to 12 months, or both, as per Section 126(5).
Maintenance Orders Under The Women’s Charter In Singapore
The Women’s Charter also outlines provisions for maintenance orders, which can be awarded to a spouse, children, or an incapacitated husband during or after a marriage.
These orders ensure that divorcing couples continue to meet their obligations towards each other and their children, even after the marriage has ended.
Types Of Maintenance Orders
There are various types of maintenance orders under the Women’s Charter:
- Spousal Maintenance: A Court may order a husband to pay maintenance to his wife if it can be proven that he has neglected or refused to provide reasonable maintenance. Conversely, a wife may also be required to pay maintenance to her incapacitated husband if she has failed to provide adequate support.
- Child Maintenance: Parents are legally obligated to provide for their children’s accommodation, clothing, food, and education. The Court may order a parent to pay a lump sum or monthly allowance if they neglect or refuse to provide reasonable maintenance for their children.
Factors Considered In Maintenance Orders
When determining the amount and duration of maintenance, the Court considers several factors to ensure that the maintenance order is fair and reasonable. These factors include:
- Earning Power of Both Parties: The Court evaluates the current, past, and future earning power of both parties, considering their financial needs and obligations.
- Matrimonial Assets: The division of matrimonial assets can impact the amount of maintenance awarded. For instance, if substantial assets are awarded to the wife, this may result in a smaller maintenance sum.
- Standard of Living: The standard of living enjoyed by the family before the marriage broke down is also taken into account, ensuring that the children and the lower-earning spouse can maintain a similar standard post-divorce.
- Contributions and Potential Losses: The Court will also consider each party’s contributions to the marriage and any potential losses they may suffer due to the marriage.
This includes the time and effort spent on raising children or managing the household, which may have impacted one party’s career progression.
Maintenance For Husbands
The Women’s Charter has been amended to allow incapacitated husbands to seek maintenance from their wives. To qualify, the husband must be incapacitated by a physical or mental disability before or during the marriage, unable to earn a living due to the disability, and unable to support himself.
Section 114 of the Women’s Charter empowers the Court to consider factors such as the earning power of both parties, the assets owned, and the financial needs of each party when determining the appropriate quantum of maintenance.
This gender neutral approach reflects the evolving social dynamics in Singapore, recognising that both parties in a marriage should have equal rights and responsibilities.
Division Of Matrimonial Assets Under The Women’s Charter Bill
The Women’s Charter in Singapore for divorce operates on the principle of equitable distribution, aiming to ensure that matrimonial assets are divided fairly between the husband and wife.
This principle acknowledges that both financial and non-financial contributions are essential in a marriage and should be considered when dividing assets after a divorce.
A key aspect of the Singapore Women’s Charter for Divorce is the introduction and re-enactment of Section 112, which directly addresses the division of matrimonial assets post-divorce.
Notably, this section emphasises that financial and non-financial contributions are gender-neutral, applying equally to husbands and wives.
Under Section 112(10) of the Women’s Charter, matrimonial assets include:
- Assets acquired by one or both parties during the marriage.
- Assets used by one or both parties or their children.
- Assets acquired before the marriage but significantly improved in value during the marriage.
However, some assets are excluded from this definition:
- Assets received as gifts or inheritance.
- Gifts or inheritance that have not been substantially improved during the marriage.
Examples of matrimonial assets include the family car, shares, savings, businesses, and jewellery. Even the matrimonial home, where the couple and their children live, is considered a matrimonial asset.
During the ancillary matters hearings, the Courts will assess various factors listed in Section 112(2) of the Women’s Charter to achieve a fair distribution of assets. These factors include:
- Financial Contributions: The extent to which each party contributed financially towards acquiring, maintaining, and improving the assets.
- Non-Financial Contributions: These contributions include managing the household and caring for elderly or infirm family members. The extent to which one party supported the other’s career is also considered.
- Debt Owed: The Court will consider whether the debt was taken for the joint benefit of both parties, for individual benefit, or for the child’s benefit.
- Needs of the Child: The Court will consider the needs of the children and the party to whom care and control over the children have been given.
- Agreements Between the Parties: Pre-nuptial and post-nuptial agreements regarding the division of assets will be considered.
- Financial Independence: The Court will assess the financial independence of each party post-divorce, considering their working abilities and qualifications.
- Needs of Each Party: The Court will also evaluate the individual needs of each party after the divorce.
It’s important to note that the proportions for the division of matrimonial assets are determined on a case-by-case basis, as there is no standard formula.
Penalties For Violating The Women’s Charter
The Women’s Charter in Singapore for divorce is enforced by the Family Justice Courts (FJC). Violating its provisions can result in significant penalties, particularly concerning maintenance, child custody, and domestic violence.
Domestic Violence And Personal Protection Orders
Under the Women’s Charter, domestic violence is taken very seriously. A person who commits domestic violence, as defined in Section 65 of the Women’s Charter, can face imprisonment for up to three years, a fine of up to $5,000, or both.
Additionally, the offender may be required to undergo mandatory treatment for anger management or attend counselling sessions.
If a person fears for their safety due to family violence, they can apply for a Personal Protection Order (PPO) under Section 65 of the Women’s Charter. A PPO is a Court order designed to protect victims from further harm. If the PPO is violated, the penalties can be severe.
The offender may be fined up to $10,000, imprisoned for up to a year, or both. Repeated violations can result in even harsher penalties, including imprisonment for up to two years and a fine of up to $20,000.
Breach Of Court Orders
In matters of marriage and divorce, the Women’s Charter is designed to prevent unreasonable and unfair behaviour. If a person disregards a Court order related to the division of assets or child custody, they may be held in contempt of Court.
The penalties for contempt of Court are not fixed and can include a fine, imprisonment, or both, depending on the severity of the violation.
Conclusion About The Women’s Charter In Singapore For Divorce
The Women’s Charter in Singapore provides essential grounds for divorce, ensuring the protection of the rights of married women and children. The provisions addressing emotional abuse, maintenance, and the division of matrimonial assets play a crucial role in achieving fair outcomes in divorce cases.
The Women’s Charter not only emphasises the importance of equitable distribution but also safeguards the welfare of children, making it vital for individuals to understand their rights and obligations under the law.
Overall, the Women’s Charter is a significant framework for ensuring justice and equity in family law matters. It reinforces the need for fair treatment and support for all parties involved.
If you are facing challenges related to divorce or family law, we encourage you to fully understand your rights and obligations.
At Tembusu Law, our dedicated team of family and divorce lawyers in Singapore is here to assist you. We provide legal advice and representation for all stages of the divorce process within the family justice system.
Whether you are dealing with contested divorces, child custody issues, or the division of matrimonial assets, we can help you navigate these challenges.
Contact us today for a free consultation to ensure your legal matters are handled with care and expertise by one of the leading law firms in Singapore. Your peace of mind is our priority, and we are here to support you through this difficult time.
Frequently Asked Questions About The Women’s Charter In Singapore For Divorce
Can A Woman Change Her Name Back To Her Maiden Name After A Divorce Under The Women’s Charter?
Yes, a woman can revert to her maiden name after a divorce in Singapore. She can do this by including a clause in the divorce agreement or applying to the Court for a change of name after the divorce is finalised. Once approved, she can update her NRIC and other official documents.
Can A Divorce Petition Be Reconciled And Withdrawn Once It Has Been Filed Under The Women’s Charter?
Yes, couples can reconcile and withdraw their divorce petition anytime before the Court grants the final judgement in Singapore.
They must inform the Court and file the necessary paperwork to discontinue the proceedings. However, if one party later decides to proceed with the divorce, they’ll need to file a new petition.
Does The Women’s Charter Allow For The Annulment Of A Marriage?
Yes, the Women’s Charter in Singapore allows for the annulment of a marriage under specific circumstances, such as non-consummation, lack of consent, or prohibited relationships. The annulment declares the marriage void from the beginning as if it never legally existed.
Are There Any Restrictions On Remarriage After A Divorce Under The Women’s Charter?
Generally, there are no restrictions on remarriage after a divorce under the Women’s Charter in Singapore. However, a woman cannot remarry within three months of the divorce being finalised unless she has obtained permission from the Court. This is to protect any potential children conceived during the marriage.
