Gavin Howe
Singapore's matrimonial law categorises marriages into two types: civil marriages and Muslim marriages. Civil marriages are for couples where one or both partners are non-Muslim, and polygamy is prohibited. Muslim marriages are administered under the Administration of Muslim Law Act (AMLA). All marriages in Singapore must be formalised under the relevant statutory law to be legally recognised. Same-sex marriages are not allowed in Singapore, and LGBT couples may face legal obstacles due to the lack of legal recognition of their relationships. While the term common-law marriage is used informally in some jurisdictions to refer to marriage-like relationships between unmarried couples, it does not have legal recognition in Singapore.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | Common-law marriages are not recognised under Singapore law |
| Recognition of marriages performed outside Singapore | Marriages contracted outside Singapore are recognised by the Singapore government if they are registered and valid under the law of the place in which they were performed |
| Registration of marriages | All marriages performed in Singapore must be registered with the relevant registry (Registry of Marriage or Registry of Muslim Marriages) to be legally valid |
| Requirements for marriage | Couples must meet requirements such as age, residency, and absence of lawful impediments to marry |
| Divorce procedures | Divorce procedures differ for civil and Muslim marriages, with civil marriages handled by the Family Court and Muslim marriages by the Syariah Court |
| Same-sex marriages | Same-sex marriages are not allowed in Singapore |
| LGBT couples | LGBT couples may face legal obstacles and are considered unmarried under Singapore law, resulting in issues with inheritance, medical decisions, and CPF nominations |
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What You'll Learn
Singapore does not recognise common-law marriages
The matrimonial law of Singapore categorises marriages contracted in Singapore into two categories: civil marriages and Muslim marriages. The Registry of Marriage (ROM) administers civil marriages in accordance with the Women's Charter, while the Registry of Muslim Marriages (ROMM) administers Muslim marriages in accordance with the Administration of Muslim Law Act (AMLA). All marriages performed in Singapore must be registered with the relevant registry to be legally valid. Civil marriages are for couples where one or both partners are non-Muslims, and polygamy is prohibited.
The requirements for marriage in Singapore include the following: both parties must be at least 21 years old, or if either party is a minor, they must have the written consent of the appropriate person or the High Court; neither party can be married to someone else; and at least one party must have been physically present in Singapore for at least 15 days before the date of the notice (some sources state 31 days).
Divorce procedures in Singapore differ for civil and Muslim marriages. Divorce proceedings for civil marriages are carried out in the Family Court, while divorce proceedings for Muslim marriages are handled by the Syariah Court. To obtain a divorce in Singapore's Family Court, one or both spouses must be a Singapore Citizen, have lived in Singapore for at least three years, or be domiciled in Singapore. Same-sex marriages are not allowed in Singapore.
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Marriages in Singapore must be registered
For civil marriages, one or both partners must be non-Muslim, and the marriage must be conducted in accordance with the Women's Charter. Polygamy is prohibited in civil marriages. To register a civil marriage, couples must register a date with the ROM or on its website. The chosen date must be at least 21 days after registration and within three months. A marriage licence can only be issued upon proof of several conditions, including that each party is 21 years of age or above, neither party is already married, and neither party is below 18 years of age by the date of solemnisation. If either party is a minor, written consent must be given by a guardian or the High Court.
Muslim marriages are conducted in accordance with the Administration of Muslim Law Act (AMLA). The Kadi, or marriage officiant, solemnises the marriage by asking the groom's guardian (wali) to offer his daughter's hand in marriage. The groom then agrees to the marriage and states the terms under which the marriage can be dissolved. The divorce proceedings for Muslim marriages are carried out in the Syariah Court.
For marriages where at least one party is not a Singapore citizen or permanent resident, that party must have been physically present in Singapore for at least 15 days before the filing of the notice of marriage. This requirement does not include the day of arrival in Singapore. If the marriage is conducted outside of Singapore, it must be registered in accordance with the law of the place in which it was performed to be recognised by Singapore's government.
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Same-sex marriage is not allowed in Singapore
Singapore's definition of marriage is between a man and a woman. Same-sex marriages are not recognised, nor are civil unions or domestic partnerships. In 2022, the government amended the constitution to protect Parliament's right to define marriage, rather than the judiciary, leaving open the possibility for Parliament to change the definition of marriage through a simple majority in the future. This amendment was disappointing to activists as it means citizens cannot mount legal challenges to issues like the definition of marriage, family, and related policies.
Public opinion on same-sex marriage in Singapore has been mixed. A 2013 poll by the Institute of Policy Studies found that 78% of Singaporeans opposed same-sex marriage. However, a 2018 opinion poll by the same institute found that 42% of those aged 18-25 accepted same-sex marriage, up from 17% five years prior. A 2019 poll by YouGov found that about one-third of Singaporeans backed same-sex partnerships, while 43% opposed their legalization, and the remaining 23% were uncertain. Support was more notable among younger respondents: 50% of people aged 18-34 supported civil partnerships, compared to only 20% who opposed them.
While same-sex marriage is not allowed in Singapore, transgender rights in the country are progressive in the region. Singapore was the first country in Asia to legalise sex reassignment surgery in 1973 and allow patients to change their identity cards. In 1996, Member of Parliament (MP) Abdullah Tarmugi announced that individuals who have undergone surgery could marry someone of the opposite sex.
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Civil marriages are for non-Muslim couples
There is no common-law marriage in Singapore. Marriages contracted in Singapore are categorised as either civil marriages or Muslim marriages. Civil marriages are for non-Muslim couples, where one or both partners are non-Muslim. These marriages are administered by the Registry of Marriage (ROM) in accordance with the Women's Charter.
Muslim marriages, on the other hand, are administered by the Registry of Muslim Marriages (ROMM) under the Administration of Muslim Law Act (AMLA). Muslim marriages are only for couples where both partners are Muslim. A Muslim man may marry up to four wives at a time, but he must meet financial requirements and obtain the consent of his existing wives.
Inter-faith marriages, where a Muslim marries a non-Muslim partner, are allowed as civil marriages. These marriages are registered with the ROM and are not subject to Sharia law. For example, a Muslim man marrying a non-Muslim woman would be considered a civil marriage and would not require the consent of the bride's father or guardian, as is customary in Muslim marriages.
It is important to note that the divorce procedures for civil and Muslim marriages differ in Singapore. Divorce proceedings for civil marriages are carried out in the Family Court, while those for Muslim marriages are conducted in the Syariah Court. To obtain a divorce in Singapore's Family Court, at least one spouse must be a Singapore Citizen, have lived in Singapore for at least three years, or be domiciled in the country.
In summary, civil marriages in Singapore are for non-Muslim couples, where at least one partner is non-Muslim. These marriages are governed by the Women's Charter and administered by the ROM. Muslim marriages, on the other hand, are governed by the AMLA and administered by the ROMM.
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Muslim marriages are governed by the Syariah Court
Singapore's legal system recognises two types of marriages: civil marriages and Muslim marriages. Muslim marriages are governed by the Syariah Court, which operates under the Administration of Muslim Law Act (AMLA). The Syariah Court has jurisdiction over matters pertaining specifically to the Muslim community, including marriages, divorces, nullity of marriage, judicial separation, and the division of property upon divorce.
The Islamic Religious Council of Singapore (Majlis Ugama Islam Singapura, MUIS) was established to oversee the religious life of Muslims in the country and plays a crucial role in setting rules and regulations for the community. The Syariah Court interprets and applies Islamic law in matters concerning Muslim marriages, divorces, and disputes. For instance, the Syariah Court determines whether a Muslim man can enter into a polygynous marriage, allowing him to marry up to four women. To obtain approval, the man must demonstrate his financial capacity to support multiple families and obtain consent from his existing wife or wives.
Divorce proceedings for Muslim marriages also fall under the purview of the Syariah Court. A Muslim woman can initiate a divorce in a polygynous marriage by applying to the Syariah Court, which will evaluate her case based on Islamic law and ensure her rights are protected. The Syariah Court seeks to provide equitable solutions to disputes, adhering to Islamic principles.
The Syariah Court's jurisdiction extends beyond marriages and divorces. It also covers issues such as inheritance and custody of children. In contrast to "regular law," the Syariah Court places a higher emphasis on the legitimacy of a child, typically awarding custody of illegitimate children to the mother.
It is worth noting that Singapore's legal system accommodates the Muslim community, which comprises approximately 15.6% of the country's population. The Syariah Court plays a vital role in governing Muslim marriages and ensuring that Islamic law is upheld within the community.
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Frequently asked questions
No, common-law marriages are not recognised under Singapore law. All marriages must be formalised under the relevant statutory law to be legally recognised.
The matrimonial law of Singapore categorises marriages into two: civil marriages and Muslim marriages. Civil marriages are for couples where one or both partners are non-Muslim.
All marriages performed in Singapore must be registered with the relevant registry to be legally valid. For non-Muslim marriages, this is done in accordance with the Women's Charter. For Muslim marriages, it is done in accordance with the Administration of Muslim Law Act (AMLA).
No, same-sex marriages are not allowed in Singapore. LGBT couples in Singapore may face legal obstacles due to the lack of legal recognition of their relationships.
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