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Old 15-05-2011, 08:05 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART III
SOLEMNIZATION OF MARRIAGES


Caveat
19. —(1) Any person may, on payment of the prescribed fee, enter a caveat with the Registrar against the issue of a licence for the marriage of any person named in the caveat and notice of whose intended marriage has been given to the Registrar.[26/80]

(2) A caveat entered under this section shall contain the name and place of residence of the person entering the caveat and the grounds of objection upon which the caveat is founded and shall be signed by the person entering the caveat.

Proceedings if caveat entered
20. —(1) If a caveat is entered in accordance with section 19, the Registrar shall not issue a licence for the marriage against which the caveat has been entered unless —

(a) after examining into the matter of the said objection, the Registrar is satisfied that it ought not to obstruct the issue of the licence for the marriage; or

(b) the caveat is withdrawn by the person who entered it.[26/80]

(2) In cases of doubt, it shall be lawful for the Registrar to refer the matter of any caveat referred to in subsection (1) to the High Court which shall decide upon the same.

(3) Where the Registrar has refused to issue the marriage licence, the person applying for the same shall have a right of appeal to the High Court which shall thereupon either confirm the refusal or direct the issue of the marriage licence.[26/80]

(4) The High Court may examine the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.

(5) The proceedings under this section shall be before a judge in chambers.

(6) There shall be no appeal from a decision of a judge under this section.

(7) If the Registrar or the High Court declares the grounds of objection to be frivolous and such as ought not to obstruct the issue of the marriage licence, the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit by the party against whose marriage the caveat was entered. [26/80]

Special marriage licence
21. —(1) The Minister, upon proof being made to him by statutory declaration that there is no lawful impediment to the proposed marriage, and upon his being satisfied that the necessary consent, if any, to the marriage has been obtained, or that the consent has been dispensed with or given under section 13 may, if he thinks fit, dispense with the giving of notice and with the issue of a marriage licence, and may grant a special marriage licence in the prescribed form authorising the solemnization of a marriage between the parties named in that licence. [26/80]

(2) The Minister may, in his discretion, grant a special marriage licence under this section authorising the solemnization of a marriage although any party to the marriage is below the age of 18 years. [26/80]

(3) If the marriage authorised by a special marriage licence under this section is not solemnized within one month from the date of the licence, the licence shall become void. [26/80]

(4) The Minister may delegate his powers under this section to any person, subject to such conditions as he may think fit to impose.

Requirements for valid marriage
22. —(1) Every marriage solemnized in Singapore shall be void unless it is solemnized —

(a) on the authority of a valid marriage licence issued by the Registrar or a valid special marriage licence granted by the Minister; and

(b) by the Registrar or a person who has been granted a licence to solemnize marriages. [26/80]

(2) Every marriage shall be solemnized in the presence of at least 2 credible witnesses.

(3) No marriage shall be solemnized unless the person solemnizing the marriage is satisfied that both the parties to the marriage freely consent to the marriage.

Solemnization of marriages

23. A marriage solemnized by the Registrar or any person licensed to solemnize marriages may be solemnized according to such form and ceremony as the Registrar or the person solemnizing the marriage sees fit to adopt and in some part of the ceremony he shall request each of the parties to the marriage to declare that he or she is willing to take the other party as his or her wedded wife or husband, as the case may be. [26/80]

Religious ceremony
24. —(1) If the parties to any marriage contracted and solemnized under this Act or under any previous written law relating to Christian or civil marriages shall desire to add to the marriage so contracted and solemnized the religious ceremony ordained or used by the church or temple of which the parties or one of them are members or is a member, it shall be competent for them to present themselves for that purpose to a clergyman, minister or priest of such church or temple, having given notice to that clergyman, minister or priest of their intention to do so; and that clergyman, minister or priest, upon the production of a certified copy of the certificate of the marriage, may, if he sees fit, read or celebrate the marriage service of the church or temple to which he belongs.

(2) Nothing in the reading or celebration of such service under subsection (1) shall be held to supersede or invalidate any marriage so previously contracted and solemnized, nor shall such reading or celebration be entered as a marriage in any register of marriages kept according to the provisions of this Act.

(3) Where a person is under expectation of death and desires to have a religious ceremony of marriage between himself and any person performed, it shall be lawful for the clergyman, minister or priest of the church or temple to which he belongs to read or celebrate the marriage service of that church or temple.

(4) The reading or celebration of such service under subsection (3) shall not be deemed to be a solemnization of marriage for the purposes of this Act and shall not be entered as a marriage in any register of marriages kept according to the provisions of this Act.
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Last edited by Big Sexy; 15-05-2011 at 08:17 AM.