Main Page WEB HOST Mission Raffles Group Law Practice Contact Web Host   Food for Tort Red Herring 1 Wife & Mothers Red Herring 2 Autism Red Herring 3 The Long March Blue Whale GENES & generation SAY HIPPOPOTAMUS     also accessible through singaporelawraffles.com raffleslaw.com Your Law Discovery Website YOU WERE MARRIED OVERSEAS If a Singaporean marries a foreign person overseas under the customary rites, on his return to Singapore, he cannot marry again during the lifetime of his wife without committing an offence under section 494 of the Penal Code (Cap 224). The marriage overseas takes away of his capacity to contract a further marriage (section 4(2) of the Women's Charter (Cap 353). If, after marrying the foreign person, the marriage is validly dissolved overseas, he may marry again in Singapore if his foreign decree of divorce is recognized in Singapore.   Voluntary registration The parties to a marriage can apply for voluntary registration of their marriage. Section 182 of the Charter provides for the voluntary registration of marriages solemnized under any law, religion or custom. The registrar is given wide powers to register a marriage but secton 32 of the Charter makes it plain that the registrar and registration of the marriage are not the ultimate judges as to the validity of the marriage.   Maintenance of former wives The law provides for maintenance to former wives who live in Singapore. The test is whether a wife or former wife is in need of maintenance. Section 107 of the Women'S Charter (Cap 353) reads:

 

The Court may order a man to pay maintenance to his wife or former wife

(a) During the course of any matrimonial proceedings;

(b) When granting or subsequent to the grant of a decree of divorce, judicial separation or nullity of marriage.

 

Division of assets

On granting a divorce, or at any time thereafter, the court has power to order the division of assets acquired during marriage but will not exercise its powers when the order would be ineffectual or would infringe the authority of a foreign court except to vary or rescind an order for maintenance.

In one case, a couple was married on 29 May 1987 in Bombay. On 7 July 1987, the Registrar of Marriages registered the marriage in Singapore and a marriage certificate was issued. The entry in the certificate was to the effect that the Registrar of Marriages in Singapore had solemnized the Bombay marriage. A family court in Bombay dissolved the marriage on 11 December 1990 after the wife returned to Bombay in 1988 to reside with her parents. A few years later, the wife returned to Singapore and applied to the Singapore court for maintenance. The husband was ordered to pay her maintenance.

In another case, a Singapore man married a Taiwanese lady in USA in September 1980. In October 1980, the marriage was registered at the Registry of Marriages, Singapore.   Power of attorney The husband is a businessman residing in Singapore. The wife decides to return to California. There are no children to the marriage. She wanted her application for a HDB apartment, and all affairs relating thereto, to be properly attended to during her absence. and she executed a power of attorney, valid and irrevocable for a period of six years from 30 January 1987. The power of attorney was executed before a notary public in California, Los Angeles County on 30 January 1987 and a copy was deposited in the Registry of the Supreme Court, Singapore, under section 48 of the Conveyancing and Law of Property Act (Cap 61) on 5 February 1987. She appointed her husband, as her true and lawful attorney in her name for the purposes of attending to the application and to do the various acts set out in the power of attorney which included entering into an agreement for the sale and purchase of the flat and raising and borrowing money in her name from the HDB, mortgaging her estate, signing applications and appropriate documents, accepting the keys to the apartment and paying and discharging such fees and payment as may be required by HDB for the appropriate disposal of her application and so on. On 27 May 1987, she applied to the Superior Court of California for a divorce. A divorce was granted in California on 4 August 1987. On 12 September 1992, the husband filed a petition for divorce in Singapore and asked for: (1) the marriage be dissolved; (2) the wife be ordered to transfer her share of the HDB property to him. The court decided that (1) the marriage in USA and registered in Singapore was dissolved by the Superior Court of California. (2) the dissolution of the marriage is recognized in Singapore. (3) the wife is entitled to ask for a share of the HDB property.

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