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SINGAPORE: Sweeping and significant changes are in store for the Women's Charter.
They include making it easier for people to marry, addressing the rising number of divorces and giving more bite to the courts to enforce maintenance orders.
The changes are reflected in a draft Bill posted on the government's feedback portal for public consultation.
Getting that marriage licence may soon become easier.
Presently, a couple who wants to get married in Singapore needs to have at least one party residing here for at least 15 days before a licence can be issued.
But the government is considering waiving this requirement if both parties are Singaporeans or permanent residents. This will enable couples, especially those who are overseas but wish to marry in Singapore, to get married here without having to take long periods of leave.
However, the 15-day period will continue to apply to couples where at least one party is not a Singapore citizen or permanent resident.
With globalisation, the number of Singapore citizens marrying foreigners is also on the rise. So provisions will have to be made for foreign divorces.
One recommendation is to give expanded powers to Singapore courts to issue orders on matters such as division of matrimonial assets. This will apply even if a foreign order has been made.
This is because the foreign order has "questionable legitimacy" since the asset located in Singapore is outside of the "foreign court's geographical jurisdiction".
For the maintenance of wife and children, the expanded power of the Singapore court will apply only where foreign maintenance orders have not been made.
And to better protect the interests of children, it has been recommended that the court be empowered to make orders for matrimonial assets to be transferred into Children's Development Accounts (CDA).
The monies in the CDA can be used for approved purposes under the Children Development Co-Savings Act, such as the payment of childcare fees and healthcare at approved institutions.
Compulsory counselling is also being recommended for divorcing couples with children below the age of 21.
Trained counsellors and mediators familiar with both the legal and emotional or psychological dimensions of a custodial dispute can assist parties to work out effective post-divorce parenting and care arrangements for the children.
It may also become compulsory for minors and those remarrying to undergo marriage preparation courses before they can get a marriage licence.
Seah Kian Peng, GPC Chair for MCYS and MP for Marine Parade GRC, said: "Marriage is a life long commitment - we just want to be sure that you enter into these marriage vows seriously. I think it is precautionary measure, but I think it is worth just making this mandatory.
"We do know of cases where people ... come out of a divorce and remarry fairly quickly, and sometimes ... the marriage breaks up again, unfortunately we see many of such cases.
Measures to deter defaults and secure payments of maintenance orders have also been added.
These include empowering the court to order a defaulter to post a banker's guarantee against future defaults and to allow a complainant to obtain a defaulter's employment information from the Central Provident Fund Board.
Another amendment also seeks to get divorcees who are remarrying to declare in the presence of their new spouses whether they have any maintenance arrears towards their ex-wife or children from their previous marriage.
Mr Seah said: "Knowing the financial standing of a person, I think this will allow the courts to make more informed decisions, because some will always say they have difficulty providing for (their ex-spouses) - is that a fact or a myth?
"Some of these new provisions will enable the courts to make more informed decisions, so effectively if the defaulters are making lives difficult for their ex-spouses, I think this will no longer be the case."
The Women's Charter, which is the basis of family law in Singapore, was last amended substantially in 1996.
The proposed amendments are the result of deliberation by various government agencies.
Recommendations from key stakeholders, such as the National Family Council, the Singapore Council of Women's Organisations, and the Law Reform Committee of the Singapore Academy of Law, have also been included in the proposed amendments.
The consultation period ends on September 26.
- CNA/al
They include making it easier for people to marry, addressing the rising number of divorces and giving more bite to the courts to enforce maintenance orders.
The changes are reflected in a draft Bill posted on the government's feedback portal for public consultation.
Getting that marriage licence may soon become easier.
Presently, a couple who wants to get married in Singapore needs to have at least one party residing here for at least 15 days before a licence can be issued.
But the government is considering waiving this requirement if both parties are Singaporeans or permanent residents. This will enable couples, especially those who are overseas but wish to marry in Singapore, to get married here without having to take long periods of leave.
However, the 15-day period will continue to apply to couples where at least one party is not a Singapore citizen or permanent resident.
With globalisation, the number of Singapore citizens marrying foreigners is also on the rise. So provisions will have to be made for foreign divorces.
One recommendation is to give expanded powers to Singapore courts to issue orders on matters such as division of matrimonial assets. This will apply even if a foreign order has been made.
This is because the foreign order has "questionable legitimacy" since the asset located in Singapore is outside of the "foreign court's geographical jurisdiction".
For the maintenance of wife and children, the expanded power of the Singapore court will apply only where foreign maintenance orders have not been made.
And to better protect the interests of children, it has been recommended that the court be empowered to make orders for matrimonial assets to be transferred into Children's Development Accounts (CDA).
The monies in the CDA can be used for approved purposes under the Children Development Co-Savings Act, such as the payment of childcare fees and healthcare at approved institutions.
Compulsory counselling is also being recommended for divorcing couples with children below the age of 21.
Trained counsellors and mediators familiar with both the legal and emotional or psychological dimensions of a custodial dispute can assist parties to work out effective post-divorce parenting and care arrangements for the children.
It may also become compulsory for minors and those remarrying to undergo marriage preparation courses before they can get a marriage licence.
Seah Kian Peng, GPC Chair for MCYS and MP for Marine Parade GRC, said: "Marriage is a life long commitment - we just want to be sure that you enter into these marriage vows seriously. I think it is precautionary measure, but I think it is worth just making this mandatory.
"We do know of cases where people ... come out of a divorce and remarry fairly quickly, and sometimes ... the marriage breaks up again, unfortunately we see many of such cases.
Measures to deter defaults and secure payments of maintenance orders have also been added.
These include empowering the court to order a defaulter to post a banker's guarantee against future defaults and to allow a complainant to obtain a defaulter's employment information from the Central Provident Fund Board.
Another amendment also seeks to get divorcees who are remarrying to declare in the presence of their new spouses whether they have any maintenance arrears towards their ex-wife or children from their previous marriage.
Mr Seah said: "Knowing the financial standing of a person, I think this will allow the courts to make more informed decisions, because some will always say they have difficulty providing for (their ex-spouses) - is that a fact or a myth?
"Some of these new provisions will enable the courts to make more informed decisions, so effectively if the defaulters are making lives difficult for their ex-spouses, I think this will no longer be the case."
The Women's Charter, which is the basis of family law in Singapore, was last amended substantially in 1996.
The proposed amendments are the result of deliberation by various government agencies.
Recommendations from key stakeholders, such as the National Family Council, the Singapore Council of Women's Organisations, and the Law Reform Committee of the Singapore Academy of Law, have also been included in the proposed amendments.
The consultation period ends on September 26.
- CNA/al
