PART III
SOLEMNIZATION OF MARRIAGES
Persons by whom marriages may be solemnized
8. —(1) A marriage may be solemnized by the Registrar or any other person to whom a licence to solemnize marriages under this section has been granted by the Minister.
(2) The Minister may grant a licence to any suitable person to solemnize marriages in Singapore.
Avoidance of marriages where either party is under minimum age for marriage
9. A marriage solemnized in Singapore or elsewhere between persons either of whom is below the age of 18 years shall be void unless the solemnization of the marriage was authorised by a special marriage licence granted by the Minister under section 21.
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Marriages within prohibited degrees
10. —(1) A marriage solemnized in Singapore or elsewhere between a man and any of the persons mentioned in the first column of the First Schedule, or between a woman and any of the persons mentioned in the second column of that Schedule, shall be void.
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(2) Notwithstanding subsection (1) and the First Schedule, the Minister may, in his discretion, grant a licence under this section for a marriage to be solemnized, notwithstanding the kindred or affinity of the parties, if the Minister is satisfied that the marriage is valid under the law, religion, custom or usage which would have been applicable to the parties thereto if this Act had not been enacted.
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(3) A marriage solemnized under such a licence shall be valid.
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Avoidance of marriages by subsisting prior marriage
11. A marriage solemnized in Singapore or elsewhere between persons either of whom, at the date of the marriage, is married under any law, religion, custom or usage to any other person shall be void.
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Avoidance of marriages between persons of same sex
12. —(1) A marriage solemnized in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female shall be void.
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(2) It is hereby declared that, subject to sections 5, 9, 10, 11 and 22, a marriage solemnized in Singapore or elsewhere between a person who has undergone a sex re-assignment procedure and any person of the opposite sex is and shall be deemed always to have been a valid marriage.
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(3) For the purpose of this section —
(a) the sex of any party to a marriage as stated at the time of the marriage in his or her identity card issued under the National Registration Act (Cap. 201) shall be prima facie evidence of the sex of the party; and
(b) a person who has undergone a sex re-assignment procedure shall be identified as being of the sex to which the person has been re-assigned.
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(4) Nothing in subsection (2) shall validate any such marriage which had been declared by the High Court before 1st May 1997 to be null and void on the ground that the parties were of the same sex.
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Consents
13. —(1) Subject to this section, a marriage licence under section 17 or a special marriage licence under section 21 for the marriage of a minor shall not be issued or granted without the consent of a person mentioned in the Second Schedule who is authorised to give such consent.
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(2) If the Registrar or, in the case of a proposed marriage by special marriage licence, the Minister is satisfied that the consent of any person whose consent is so required cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability —
(a) the necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required; and
(b) if the consent of no other person is required, the Registrar or the Minister may dispense with the necessity of obtaining any consent, or the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent cannot be so obtained.
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(3) If any person whose consent is required refuses his consent, the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent is so refused.
(4) An application to the High Court under this section shall be made to a judge in chambers.
(5) When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent.
(6) Notwithstanding anything to the contrary in this Part, consent to the marriage of a minor shall not be necessary if the minor has been previously married.
(7) There shall be no appeal from an order of a judge under this section.
Notice of marriage
14. Whenever any persons desire to marry in Singapore, one of the parties to the intended marriage shall sign and give to the Registrar a notice in the prescribed form.
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Signature on notice by person unable to write or to understand English language
15. If the person giving the notice under section 14 is unable to write or is insufficiently acquainted with the English language, or both, then it shall be sufficient if he places his mark or cross thereon in the presence of some literate person who shall attest the same, which attestation shall be in the prescribed form.
Notice to be filed and published
16. —(1) Upon receipt of a notice under section 14, the Registrar shall cause the notice to be filed serially by electronic media or other means.
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(2) The Registrar shall also cause a computer print-out or summary of all notices filed during the day to be displayed in an electronic terminal in a conspicuous place in his office and shall keep the same so displayed until he issues a marriage licence under section 17, or until 3 months have elapsed.
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Registrar to issue marriage licence on proof of conditions by statutory declaration
17. —(1) The Registrar shall, at any time after the expiration of 21 days and before the expiration of 3 months from the date of the notice and upon payment of the prescribed fee, issue a marriage licence in the prescribed form.
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(2) The Registrar shall not issue a marriage licence until he has been satisfied by statutory declaration made by each of the parties to the proposed marriage —
(a) that one of the parties has been resident within Singapore for at least 15 days preceding the date of the notice;
(b) that —
(i) each of the parties is 21 years of age or above, or, if not, is divorced or is a widower or widow or has had his or her previous marriage declared null and void, as the case may be; or
(ii) if either party is a minor who has not been previously married — the consent of the appropriate person mentioned in the Second Schedule has been given in writing, or has been dispensed with, or the consent of the High Court has been given in accordance with section 13;
(c) that neither party is below the age of 18 years;
(d) that there is no lawful impediment to the marriage; and
(e) that neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted.
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(3) If any party giving a notice of marriage or making a statutory declaration does not understand the English language, the Registrar shall, before issuing the marriage licence, ascertain whether that party is cognizant of the purport of the notice or declaration and, if not, shall interpret or cause to be interpreted the notice or declaration to that party into some language which he understands.
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Marriage to take place within 3 months
18. If the marriage does not take place within 3 months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and fresh notice shall be given before the parties can lawfully marry.