Pro Bono: Divorce

This library guide collates relevant resources relating to divorce, separation and nullity of marriage from various government sites and online sources.

Overview

The Women's Charter 1961 (2020 Rev Ed) provides for the grounds of divorce, judicial separation and nullity of marriage under Part 10 Chapters 1, 2 and 3 respectively, for non-Muslim marriages.

• Divorce is the legal proceeding that terminates the marital relationship with permanent effect.
• Judicial separation allows spouses to separate in a temporary capacity.

The grounds for both of these is that the marriage is irretrievably broken down under s 95(3) of the Women's Charter.

• Void: A marriage is void where its formation is grievously flawed in not complying with the most critical prescriptions in the Women's Charter.
• Voidable: A marriage is voidable where its formation is less grievously flawed for breach of a cause which allows the spouses to choose whether to act upon the flaw and have the marriage declared void, or ignore the flaw so the marriage continues as valid.

The grounds for the nullity of marriage are laid out under ss 105 and 106 of the Women's Charter.

Muslim marriages and divorce are administered by the Syariah Court under a separate regime, pursuant to s 35 of the Administration of Muslim Law Act 1966 (2020 Rev Ed).

(Source: Leong Wai Kum, Elements of Family Law, 3rd Ed (2018))