Women’s Charter (Solemnisation and Registration of Marriages) Rules 2023

No. S 635

Women’s Charter 1961

Women’s Charter
(Solemnisation and Registration of Marriages)
Rules 2023

In exercise of the powers conferred by section 180 of the Women’s Charter 1961, the Minister for Social and Family Development makes the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1.  These Rules are the Women’s Charter (Solemnisation and Registration of Marriages) Rules 2023 and come into operation on 25 September 2023.

Forms

2.—(1)  A reference in these Rules to a lettered form is a reference to the current version or versions of the form with the same letter as set out on the specified website.

(2)  The specified website may set out one version of a form to be used for personal submission to the Registrar and another version of the same form to be used for electronic submission to the Registrar, but the 2 versions must not be substantially different.

(3)  In this rule, “specified website” means https://www.marriage.gov.sg.

Submission of documents to Registrar

3.—(1)  Where these Rules require a document to be submitted personally to the Registrar, the document must be submitted in person at the offices of the Registrar.

(2)  Where these Rules require a document to be submitted personally or electronically to the Registrar, the document must be submitted —

(a) in person at the offices of the Registrar; or

(b) except in such cases as the Registrar may specify, through the electronic submission system.

(3)  For the purposes of paragraph (2)(b), the Registrar —

(a) must establish and maintain an electronic submission system at the specified website; and

(b) may specify on the specified website the cases where electronic submission is not allowed.

(4)  In this rule, “specified website” means https://www.marriage.gov.sg.

Waiver, reduction and refund of fees

4.  The Registrar may waive, reduce or refund in whole or in part any fee paid or payable under these Rules in any particular case.

PART 2

PRE-SOLEMNISATION PROCESS

Application for licence to marry despite kindred or affinity

5.—(1)  An application for a licence under section 10(2) of the Act for a marriage to be solemnised despite the kindred or affinity of the parties must be —

(a) in Form A;

(b) submitted personally to the Registrar; and

(c) accompanied by —

(i) if at least one party to the intended marriage is a citizen or permanent resident of Singapore — a fee of $280; and

(ii) in any other case — a fee of $380.

(2)  After a licence under section 10(2) of the Act is issued, the Minister may amend the particulars in the licence on the application of the parties.

(3)  An application under paragraph (2) must be accompanied by a fee of $25.

Notice of marriage

6.  A notice of marriage under section 14(1) of the Act must —

(a) be in Form A;

(b) state the proposed date, time and place in Singapore for the solemnisation of the marriage;

(c) state the names of the proposed witnesses for the solemnisation;

(d) be submitted personally or electronically to the Registrar; and

(e) be accompanied by —

(i) if at least one party to the intended marriage is a citizen or permanent resident of Singapore — a fee of $42; and

(ii) in any other case — a fee of $380.

Period of validity of notice of marriage

7.  For the purposes of section 15(1)(a) of the Act, a period of 6 months is prescribed.

Application to cancel notice of marriage

8.  An application under section 15(2)(b) of the Act to cancel a notice of marriage must be —

(a) in Form B; and

(b) submitted personally to the Registrar or in any other manner that the Registrar may allow in each case.

Declaration by intending parties

9.  A declaration under section 16(1) of the Act must be —

(a) in Form C; and

(b) submitted personally or electronically to the Registrar.

Marriage licence — particulars and fees

10.—(1)  A marriage licence issued under section 17(1) of the Act must state the following particulars:

(a) the approved date, time and place in Singapore for the solemnisation of the marriage;

(b) the names of the witnesses for the solemnisation.

(2)  The particulars must be those given in the notice of marriage under rule 6(b) and (c).

(3)  However, the Registrar may amend the particulars on the application of the parties.

(4)  An application under paragraph (3) must be accompanied by a fee of $25.

Marriage licence — decisions by computer program

11.—(1)  This rule has effect for the purposes of section 17(3) and (4) of the Act.

(2)  A decision whether to issue a marriage licence may be made by the operation of a computer program for which the Registrar is responsible if each party to the intended marriage is —

(a) a citizen or permanent resident of Singapore; and

(b) at least 21 years of age.

(3)  To avoid doubt, paragraph (2) does not prevent the Registrar from making a decision without a computer program in any case.

(4)  A decision under paragraph (2) to issue a marriage licence may be reviewed and confirmed, cancelled or substituted by the Registrar at any time before the date stated on the marriage licence as the date on which the marriage may be solemnised.

(5)  A decision under paragraph (2) not to issue a marriage licence for a marriage may be reviewed and confirmed, cancelled or substituted by the Registrar at any time before the notice of that marriage under section 14(1) of the Act ceases to have effect.

Application for special marriage licence

12.—(1)  This rule has effect for the purposes of section 21 of the Act.

(2)  An application for the grant of a special marriage licence must be —

(a) in Form A;

(b) submitted personally or electronically to the Registrar; and

(c) accompanied by —

(i) if at least one party to the intended marriage is a citizen or permanent resident of Singapore — a fee of $280; and

(ii) in any other case — a fee of $380.

(3)  The declaration required by section 21(2) of the Act must be —

(a) in Form C; and

(b) submitted personally to the Registrar.

(4)  After a special marriage licence is issued, the Minister or the Minister’s delegate under section 21(4) of the Act may amend the particulars in the special marriage licence on the application of the parties.

(5)  An application under paragraph (4) must be accompanied by a fee of $25.

Period of physical presence in Singapore if any party is not a citizen or permanent resident of Singapore

13.—(1)  For the purposes of sections 16(2)(b), 18(1)(c) and 21(2A)(c) of the Act, a party must be physically present in Singapore for a continuous period of 31 days.

(2)  To avoid doubt, the continuous period required by paragraph (1) must not be broken by any absence from Singapore, even for a fraction of a day.

Caveat against issue of marriage licence

14.—(1)  This rule has effect for the purposes of section 19 of the Act.

(2)  A caveat must contain the following information:

(a) the caveator’s name;

(b) the caveator’s identification number;

(c) the caveator’s address;

(d) the email address or Singapore telephone or mobile number at which the caveator may be contacted;

(e) the names of the persons whose marriage the caveator objects to;

(f) the relationship (if any) of the caveator to those persons;

(g) the grounds of objection.

(3)  The fee for entering a caveat is $310.

(4)  If a caveat has been entered against the issue of a marriage licence to 2 persons, the Registrar must send each of them a copy of the caveat by registered post.

Marriage preparation programme

15.—(1)  This rule has effect for the purposes of section 21B of the Act.

(2)  A marriage preparation programme is a programme or course that —

(a) is organised by an organisation approved by a public officer (who must be a Director, or a more senior officer, in the Ministry of Social and Family Development) authorised by the Minister for this purpose;

(b) seeks to help persons intending to get married to understand and prepare for the issues commonly arising in a marriage; and

(c) is conducted by a person who —

(i) has experience in dealing with issues commonly arising in a marriage; or

(ii) is trained to conduct the programme or course.

(3)  Two persons who intend to marry must both attend a marriage preparation programme if —

(a) at least one of them is a citizen or permanent resident of Singapore; and

(b) at least one of them is below 21 years of age.

(4)  However, the Registrar may in writing excuse both persons from attending a marriage preparation programme if, in the opinion of the Registrar —

(a) one person is suffering from a critical or terminal illness or a physical disability or infirmity; and

(b) it is therefore impossible or impracticable for that person or both persons to attend and complete a marriage preparation programme.

PART 3

REGISTRATION

Application to register marriage under section 29 or 182 of Act

16.  An application to register a marriage under section 29 or 182 of the Act must be —

(a) in Form D;

(b) submitted personally or electronically to the Registrar; and

(c) accompanied by a fee of $75.

Certificate of marriage issued on or after 25 September 2023

17.—(1)  This rule applies to and in relation to a certificate of marriage issued under section 30(2)(a) of the Act.

(2)  A certificate of marriage must state the following particulars:

(a) the names of the parties;

(b) the identification type and number of the parties;

(c) the date on which the marriage was solemnised;

(d) in the case of a marriage registered under section 28 of the Act —

(i) the name of the person who solemnised the marriage;

(ii) the names of the witnesses to the solemnisation of the marriage; and

(iii) the address of the place in Singapore at which the marriage was solemnised;

(e) in the case of a marriage registered under section 29 of the Act — the country, state or territory in which the marriage was solemnised;

(f) in the case of a marriage registered under section 182 of the Act —

(i) the country, state or territory in which the marriage was solemnised; and

(ii) if the marriage was solemnised in Singapore — the law, religion, custom or usage under which the marriage was solemnised.

(3)  A certificate of marriage must be assigned with, and bear, a unique number and a unique quick response code.

Application to correct records in State Marriage Register

18.—(1)  A person whose marriage is registered in the State Marriage Register may apply to the Registrar to exercise the power in section 31 of the Act to correct any error in any record relating to the marriage.

(2)  An application under paragraph (1) must be accompanied by a fee of $42.

PART 4

SEARCHES, COPIES AND EXTRACTS

Fees for searches, copies and extracts

19.—(1)  A fee of $35 is payable for a search of the State Marriage Register to find out whether it contains a certificate of marriage in respect of a specified person.

(2)  The following fees are payable for the issue of a copy or certified true copy of, or an extract or certified true extract from, a certificate of marriage in the State Marriage Register:

(a) if the copy or extract relates to a marriage solemnised in Singapore before 15 September 1961 — $70;

(b) if the copy or extract relates to a marriage registered in the State Marriage Register on or after 15 September 1961 — $50.

PART 5

REVOCATION

Revocation

20.  Revoke the Women’s Charter (Registration of Marriages) Rules (R 3).

PART 6

TRANSITIONAL PROVISIONS

Notice of marriage given but no statutory declaration made before 25 September 2023, etc.

21.—(1)  This rule applies to and in relation to the following cases:

(a) a case where —

(i) a notice of marriage was filed under section 14 of the Act before 25 September 2023;

(ii) the notice was valid immediately before that date; and

(iii) before that date, no statutory declaration had been made under section 17 of the Act in respect of the notice;

(b) a case where —

(i) an application for a special marriage licence under section 21 of the Act was pending immediately before 25 September 2023; and

(ii) before that date, no statutory declaration had been made under that section in respect of the application;

(c) a case where an application for a licence under section 10 of the Act was pending immediately before 25 September 2023.

(2)  Subject to the modifications in paragraph (3), the Act as in force from 25 September 2023 is to apply to and in relation to the notice or application, as the case may be.

(3)  The modifications are as follows:

(a) a period of 12 months is prescribed for the purposes of section 15(1)(a) of the Act;

(b) for the purposes of section 16(2)(b) of the Act, the prescribed period is 15 days;

(c) section 19 of the Act as in force immediately before 25 September 2023 is to apply to caveats filed before that date;

(d) the declaration under section 21(2) of the Act does not have to include the matter mentioned in section 16(2)(b) of the Act.

Notice of marriage given and statutory declaration made before 25 September 2023, etc.

22.—(1)  This rule applies to and in relation to the following cases:

(a) a case where —

(i) a notice of marriage was filed under section 14 of the Act before 25 September 2023;

(ii) the notice was valid immediately before that date; and

(iii) before that date, at least one statutory declaration had been made under section 17 of the Act in respect of the notice;

(b) a case where —

(i) an application for a special marriage licence under section 21 of the Act was pending immediately before 25 September 2023; and

(ii) before that date, at least one statutory declaration had been made under that section in respect of the application;

(c) a case where —

(i) a licence was granted under section 10 of the Act before 25 September 2023; and

(ii) the licence was valid immediately before that date.

(2)  The Act as in force immediately before 25 September 2023, as modified by the COVID‑19 (Temporary Measures for Solemnization and Registration of Marriages) Act 2020 as in force immediately before that date, is to apply to and in relation to the notice, application or licence, as the case may be.

(3)  However, section 19 of the Act as in force from 25 September 2023 is to apply to the filing of caveats on or after that date.

Pending applications to register marriage under section 182 of Act

23.  Section 182 of the Act as in force immediately before 25 September 2023 is to apply to an application to register a marriage that is pending under that section immediately before that date.

Made on 12 September 2023.

AUBECK KAM

Permanent Secretary,
Ministry of Social and Family Development,
Singapore.

[MSF 105-100-04-1; AG/LEGIS/SL/353/2020/3 Vol. 1]

(To be presented to Parliament under section 180(2)(a) of the Women’s Charter 1961).