Articles - Amarjit Sidhu Law

February 10, 2023February 10, 2023

What are the rights for Singaporean women under the Women’s Charter?

If you’re a Singaporean woman, it is important to understand the rights that you have under the Women’s Charter. This law, which was first enacted in 1961, provides legal protection for women and children in Singapore, and lays out the rights and responsibilities of individuals in various situations, such as marriage, divorce, and family-related issues.

Legal protection for women in Singapore

One of the most important provisions in the Women’s Charter is that it criminalises domestic violence, including physical, emotional, and financial abuse. This provides women with legal protection against abuse and offers a range of remedies, including personal protection orders and mandatory counseling for offenders.

Another key provision of the Women’s Charter is that it provides for the division of matrimonial assets upon divorce, ensuring that women are not left without financial support. The court is able to make orders for the division of matrimonial assets and also make orders for maintenance of the wife and children after divorce.

Rights for married women

As a married woman in Singapore, the wife is entitled to use her own surname and name separately. Both husband and wife also must have equal rights in the management of the family home.

A married woman may own property, and her property is not always her husband’s. A wife is also not obligated to pay her husband’s debt. Unless there are exceptional agreements proving otherwise, housekeeping allowance given by the husband to the wife shall be treated as belonging to both parties in equal shares.

If the wife lends money to her husband for his business and the husband goes bankrupt, the wife can reclaim the loan as a creditor, but she will be paid last in line after other creditors.

Rights for divorce

The Women’s Charter also provides for women to be able to file for divorce on grounds of cruelty, and to apply for a personal protection order to protect themselves and their children from further domestic violence.

It is important to understand these rights, as they provide an avenue for women who have faced abuse or have had their rights violated to seek justice. Failure to abide by the laws laid out in the Women’s Charter can result in severe consequences, such as fines or imprisonment.

In summary, the Women’s Charter provides a range of legal protections for Singaporean women, including protection against domestic violence, provisions for the division of matrimonial assets upon divorce and the ability to file for divorce on grounds of cruelty, and the ability to apply for a personal protection order to protect oneself and their children from further domestic violence. Understanding these rights is important in order to seek justice in case of any violation of rights. Any false complaint or frivolous claim will be dealt with and punished accordingly.

Engaging a Lawyer

If you would like to know more about your rights, or have any issues specific to the Women’s Charter, you should consult a lawyer who will be able to guide you through your options.

Mr. Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from traffic offences and high-profile criminal cases to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr. Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

February 10, 2023February 10, 2023

What happens when you tamper with, or destroy evidence in Singapore?

Tampering with, or destroying evidence during a criminal investigation in Singapore is a serious matter, as it can undermine the integrity of the legal system, and impede the administration of justice. Examples of these include deleting documents, destroying or discarding electronic or storage devices, as well as SIM cards, or anything that could have been used as evidence in a court case.

Under the Penal Code, there are several provisions that address the tampering or destruction of evidence. Section 201 states that whoever causes any evidence of an offence to disappear, intending thereby to prevent the same from being produced, is liable to be punished. Similarly, Section 191 of the Penal Code states that whoever alters or fabricates any evidence with the intention of using it as genuine is also liable to be punished.

Fabricating evidence is an offence too

Section 192 of the Penal Code also addresses the fabrication of false evidence. Whoever fabricates false evidence at any stage of a judicial proceeding, whether involving a public servant or before an arbitrator, and knows it to be false, shall be punished accordingly. Attempts to provide some form of gratification in exchange for false testimony as a witness will also be an offence under this section.

Therefore, trying to edit video footage to change any sequences, or simply writing false details into a log sheet, or even asking someone else to take the blame in exchange for a reward will all be considered offences too.

It is important to note that any party making a claim that evidence has been tampered with, must provide proof of it, such as by obtaining and producing expert evidence. These provisions provide strict punishments for those who tamper with or destroy evidence. Depending on the severity of the case, the punishment may range from a fine to imprisonment for up to seven years.

Engaging a Lawyer

If you suspect someone is tampering with or destroying evidence during a case, it’s best to notify the police. As experienced legal professionals, we can provide you with the best advice for your situation, and help guide you through the legal process and court orders.

Mr. Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from serious offences and high-profile criminal cases to family, and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr. Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

February 10, 2023February 10, 2023

What happens when you waste the Court’s time and resources in Singapore?

As legal professionals, we understand the importance of respecting the time and resources of Singapore’s courts. The consequences of wasting the court’s time and resources affect not only lawyers but also our clients. Therefore, it’s important to know what some of these actions are and why they should be avoided.

Examples of wasting the court’s time and resources

One way that an individual can waste the court’s time and resources is by making false statements or submitting irrelevant documents as evidence. These acts tend to delay the progress and administration of justice.

Other examples include: not showing up for court proceedings despite being made aware, not complying with court orders, or even your lawyer acting improperly, unreasonably, or negligently by not following professional standards. This can include submitting a poorly drafted opening statement with unclear references, which may slow down the entire court process and is something a good lawyer would avoid. Such actions can lead to added costs for the court, which will eventually affect the parties involved in the case.

The consequences of wasting court resources and how to avoid it

Every year, Singapore’s courts hear hundreds of thousands of cases. By devoting time to unjustified cases, the court may get stretched out when having to deal with more complex, pressing issues.

The court can issue special orders against any party who has wasted the court’s time and resources, like billing them for additional expenses incurred. If a lawyer had acted unreasonably, improperly, or negligently, they may also be personally liable for the costs.

If the claims made in court are baseless or the applications are frivolous, the court may dismiss both the case and the applications. We advise our clients to be honest, prepared, and respectful of the courts and the legal process. Being upfront will also help you avoid unnecessary delays and expenses, while being prepared can help ensure that your case is resolved as efficiently as possible.

It is also important to comply with court orders and to be respectful of the court, their staff, and the other parties involved in your case.

Engaging a Lawyer

Legal proceedings are serious matters and should be treated with due diligence and respect. If you do not have adequate knowledge about your case and legal procedures, it’s always best to consult a lawyer for guidance and representation.

November 22, 2022March 7, 2023

Getting a Divorce by Mutual Agreement in Singapore

**This Women’s Charter (Amendment) Act has not been gazetted yet as of Q1 2023.

If you are looking for topics related to divorce in Singapore, we have covered the requirements, as well as alternatives to divorce. In this article, we will look at what happens when a couple decide to get a divoce by mutual agreement.

Even if the decision to divorce is mutual, a married couple can only get a divorce if they can prove that their marriage has irreparably broken down by proving one or more of the existing five legally defined facts. They are adultery, unreasonable behaviour, desertion, as well as separation with and without consent. However, the requirement to prove any of these can prolong the divorce process, and even increase hostility between the spouses.

New Fact of Divorce

In order to reduce animosity and promote healing during the divorce process, the Singapore Parliament recently passed a bill to amend the Women’s Charter. One of the main changes that the Amendment Bill will introduce is a new fact of divorce – **Divorce by Mutual Agreement (“DMA”), the 6th fact.

This amendment bill however, does not change the fact that a court may only grant a divorce in Singapore if:

the court is satisfied that the marriage has irretrievably broken down; and
that granting a divorce is just and reasonable having regard to all the circumstances.

The court will consider the parties’ conduct and how the divorce will affect the parties and any children in the marriage.

The process can now be blameless

Under the new mutual agreement divorce option, the couple can agree to file for divorce as joint applicants without citing any reason to blame each other for the irretrievable breakdown of the marriage.

This is in contrast to fault-based divorce reasons such as adultery, unreasonable behaviour, and desertion where the spouse must take the role of plaintiff or defendant, with the plaintiff citing reasons to blame their partner for the marriage’s breakdown.

There’s no requirement for duration of separation

To file for divorce by mutual agreement, the couple can now continue to live in the same household until the divorce is finalised.

However, this does not eliminate the other requirements for obtaining a divorce in Singapore, which will continue to apply to mutual agreement divorces. Couples must be married for at least three years before being eligible for divorce in Singapore.

The process of divorce by mutual agreement

The parties must agree that the marriage has irretrievably broken down, and they want a divorce. DMA is not new ground for divorce. It is simply another option to prove an irretrievable breakdown of the marriage, which remains the only ground for divorce in Singapore.

The couple must submit a written agreement with the conclusion that their marriage has irretrievably broken down, and state the efforts they had made to reconcile, as well as the consideration they have given to their financial affairs and any children from the marriage after the divorce.

The court will consider factors such as whether the parties are voluntarily entering into this agreement, as well as whether they have sufficient knowledge and understanding of it when determining whether the written agreement is sufficient. If the court determines that the written agreement is insufficient, it may order the couple to participate in mediation, counselling, or family support initiatives instead. It is best to engage a divorce lawyer who would be able to help you draft such an agreement.

Which is a better option?

Couples with children should note that divorce by mutual agreement may be less damaging for them as they would be able to cope with the divorce process and adapt to life after their parents’ divorce. This is because part of the process includes the couple attempting to reconcile prior to filing for divorce, and discussing adequate arrangements for their own affairs, as well as the affairs of their children after the divorce.

Furthermore, using one of the three fault-based facts may result in longer divorce proceedings because the plaintiff must prove the fact(s) at trial. You must also be living apart for the required number of years before filing for divorce. In contrast, when filing for divorce by mutual agreement, you can technically file for divorce as soon as your marriage has passed the three year mark.

Divorce by mutual agreement is not possible where only one spouse disagrees that the marriage is irretrievably broken down; or both spouses agree that the marriage has broken down, but one wants to file for divorce based on fault. Both parties have to be on the same page for this to proceed.

Engaging a Lawyer

If you are currently working out a solution with your spouse regarding this topic, it’s best for you to consult a lawyer who will be able to guide you through your options.

November 22, 2022

What Happens During Police Investigations for Crimes in Singapore?

Whether it’s for you, or a loved one who’s currently under Police investigation for a crime in Singapore, this article will delve into the process of a typical police investigation, as well as what to expect during each step.

Depending on the crime, and whether its an arrestable offence or not, there are usually four steps that begin right when the first information report is filed. The length of the investigation will depend on how complicated the case is, as well as the amount of evidence available.

The police receives a first information report of a crime

A first information report, such as a letter or message, may be received in writing. It can also be in the form of a report made by an informant by phone, or at the police station. The police will consider whether the information in the report discloses a possible offence and, if so, whether the offence is arrestable or non-arrestable.

If the alleged offender commits an arrestable offense, the police have the authority to arrest them without obtaining a warrant of arrest. These offences include rape, theft and robbery, criminal trespass, assault, as well as the use of criminal force against a person or intent to molest are all examples of arrestable offenses.

If the police have reason to believe that the offence is arrestable, they will investigate the facts of the case as soon as possible and attempt to locate the offender, arresting them if necessary.

For non-arrestable cases, the police have the authority to investigate but may refer the case to a Community Mediation Centre. The police may also refer the informant, the person who provided information about the offense, to a magistrate for further questioning. Following that, the magistrate may either issue summons to call for witnesses and direct police officers to investigate the complaint, postpone the matter in favour of an amicable resolution of the matter such as mediation, or simply dismiss the complaint.

Witness and cautioned statements

Witness Statements can be taken at any time during the police investigation. The procedure usually begins with the person making a statement, which must be documented in writing. The statement must then be read to them, with interpretation if necessary, before they sign it.

Witness statements allow the police to interview anyone with information about the case under investigation. While the person being examined is required to tell the truth about the facts of the case, they are not required to say anything that could lead to a criminal charge. This means they may tell the police everything they know about the case, except anything that suggests they committed the crime.

It is important to note that in Singapore, an individual’s right to a lawyer arises only after a “reasonable time” has passed after the arrest. This is mainly to ensure that the police can conduct investigations without interference.

Cautioned Statements are the other type of statement to expect during a police investigation. This is usually taken after the suspect has been arrested, but before they are formally charged in court. The investigating officer must officially lay out and explain the charges against the suspect. They will then be asked if they have anything to say about the charge, which the investigating officer will document everything the suspect says in response from then on, as well as any silence or unwillingness to make a statement on the suspect’s part.

The cautioned statement will be written and then read back to the suspect, who must sign it. A copy of the statement will also be given to the suspect. When a suspect is arrested, they will be taken into police custody. For an arrestable offense, a person can be detained for no more than 48 hours.

Gathering of evidence

The police in Singapore may apply for a search warrant to search premises and seize property related to a criminal investigation. There are two kinds of search warrants.

A general search warrant which gives the executing officer broad discretion or authority to conduct a general search of an area and seize any goods, property, or documents discovered.

A specific search warrant which allows the executing officer to search or inspect only the areas specified in the search warrant issued by the court.

The police may also require the suspect to take a Polygraph test, which you can read more about here.

The case is referred to the Attorney-General’s Chambers (AGC)

After the police have gathered information and made recommendations, the case will be referred to the AGC for review by a public prosecutor. While the police play an important role in investigations, the power to initiate criminal proceedings rests with the public prosecutor.

Instead of charging the suspect, the prosecutor may decide to issue a stern or conditional warning. The warning is intended to deter future criminal behaviour. It is not a criminal conviction and has no legal ramifications. The police, however, keep records of stern and conditional warnings.

It’s also worth noting that a conditional warning comes with conditions that must be met. For example, an individual may be required to refrain from committing any crime for a specified period of time. Otherwise, they may face prosecution for both the original offense and any subsequent offenses committed.

Engaging a Lawyer

If you or your loved one is currently under a police investigation, you should consult a lawyer who will be able to guide you through your options.

September 12, 2022

Alternatives to Divorce in Singapore

Rather than resorting to a divorce, there are alternative modes of separation in the event the marriage goes sour. Knowing all the legal options is extremely vital depending on the situation of your marriage.

This applies especially if you do not meet the requirements for a divorce. For example, you have been married to your spouse for less than three years.

Separation

Separation is suitable in situations where:

You and your spouse may want to live apart from each other but wish to stay legally married;
You and your spouse are contemplating reconciliation;
You wish to rely on the grounds of separation to apply for a divorce

Unlike divorce, there are no prerequisites to commence separation. Moreover, upon separation, you and your spouse will not be free to remarry.

Types of Separation

There are also various types of separation, such as:

Informal separation

The most flexible type of separation is where you and your spouse live apart based on mutually agreed terms. Both parties can live in the same house, but they will lead separate lives (i.e., discontinuation of spousal duties). Usually, both parties are also financially independent of each other.

Separation with a Deed of Separation

This document sets out the terms and conditions of the separation and will also cover living and financial arrangements. The Deed of Separation is usually drafted by a lawyer.

This method is useful if you and your spouse are considering divorce proceedings in the future. The deed will usually cover the ancillary proceedings in a divorce and will therefore prepare both parties for the termination of the marriage.

Judicial separation

This involves both parties filing for an official judgement of separation in front of the court. For a judicial separation to be processed, you must have been married to your spouse for at least three years, and your marriage must have been irretrievably broken down. If successful, you will receive a judgement of judicial separation from the court.

A judicial separation is appropriate when you believe that your spouse will ignore the deed of separation. Failure to comply with a court order is an offence, such that your spouse may be deterred from breaching the judgement of judicial separation.

Is divorce still an option in the future?

Yes, you can still file for a divorce in the future despite having been separated before. There is a minimum requirement of three years of separation before filing for a divorce with your spouse’s consent. Otherwise, four years of separation is needed.

What is an annulment and how is it different from a divorce?

An annulment of marriage is a court order declaring the marriage between two parties null and void. Both divorce and annulment are similar as they both result in the dissolution of your marriage. However, the main differences are:

Divorce:

Even after the divorce, the marriage will still be legally recognised as having existed
In a divorce, the matrimonial assets will be split between the parties
In deciding how the assets will be split, the court will consider factors such as the needs of each party after divorce, and the contributions towards the matrimonial assets

Annulment:

The effect of an annulment is that the marriage never existed. It would not be recognised
All property and liability will be returned to their original respective owners in an annulment

What are the requirements for an annulment?

To be eligible for an annulment, your marriage must be either void or voidable. A void marriage is a non-marriage. Examples of this include but are not limited to:

Underage marriages;
Marriage between persons who, at the date of marriage, are already married to another person;
Marriage between people of the same sex

In contrast, a voidable marriage is one that is legally valid until it is annulled by a judgement of nullity. Examples of this include but are not limited to:

Where the marriage has not been consummated due to the incapacity of one party to do so;
Where the marriage has not been consummated because one party has willfully refused to do so;
There was no valid consent to the marriage because of duress, mistake, mental disorder or otherwise

Benefits of annulment compared to divorce

One advantage of annulment is that there is no three year waiting period, unlike with divorce. Moreover, the marital status will be reinstated to “single” once a judgement of nullity is obtained, instead of being considered as “divorced” at the end of the divorce proceedings. An annulment also does not affect the legitimacy of any children born during the marriage.

Engaging a Lawyer

If you are currently in a situation that requires drafting legal documents like deeds and wills, mediation, or legal advice, it’s best to consult a lawyer who will be able to guide you through your options.

Mr. Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from traffic offences, and high-profile criminal cases to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr. Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

September 12, 2022

Criminal Intimidation in Singapore

Did you know that you can be criminally charged even if you have not inflicted any physical harm? The act of criminal intimidation, otherwise causing someone to feel threatened, is an arrestable offence in Singapore.

What is Criminal Intimidation?

According to Section 503 of the Penal Code, whoever threatens to cause any injury to any person, reputation, or property, with the intention of causing any alarm to that person; or to cause that person to carry out any unlawful act to avoid the threat by the offender, is guilty of criminal intimidation.

Criminal Intimidation or Assault?

Section 351 of the Penal Code defines “assault” as a gesture or preparation that the offender intends for a person to think that criminal force is going to be used against them. However, there are two key differences between assault and criminal intimidation.

Words cannot amount to assault. This means that merely saying “I will beat you up” without showing any indication of actually going to do so will not constitute assault. However, under criminal intimidation, these words could potentially be seen as a threat intended to cause alarm.

Penalties for criminal intimidation are harsher than those for assault. For assault, the maximum punishment is three months’ imprisonment or a fine of up to $1,500, or both. The maximum punishment for criminal intimidation is two years of imprisonment or a fine, or both.

Consequences of Criminal Intimidation

According to Section 506 of the Penal Code, anyone found guilty of criminal intimidation shall be imprisoned for up to two years, or fined, or both. If the threat was to cause death or grievous hurt, destruction of any property by fire, or any offence punishable with death or imprisonment for up to seven years or more, the punishment will be up to ten years’ imprisonment, a fine, or both.

However, if you threaten to harm someone and actually end up hurting that person, be it physically or by causing reputational damage, you will likely be charged with criminal intimidation as well as another offence for actually causing such harm.

What If Someone Threatens Me With Words?

If someone threatens to inflict bodily injury, property damage, or damage to your reputation, such a threat may amount to criminal intimidation. The threat must be made with the intention of causing alarm or coercing the victim to do something they would not otherwise do.

Making another person fearful of being hurt by you may also amount to the offence of assault under section 351 of the Penal Code. Apart from criminal sanctions, it may also be possible to file a civil action for assault.

Engaging a Lawyer

If you are currently being threatened with words, you should make a police report immediately and consult a lawyer who will be able to guide you through your options.

September 12, 2022

Criminal Compensation in Singapore

When a person is convicted of an offence in Singapore, the court may order the offender to compensate the victim through a Compensation Order. This is because Section 359 of the Criminal Procedure Code 2010 makes it mandatory for the court to consider a compensation order when convicting an offender. In general, compensation orders can be made for any offence punishable by law in Singapore.

What is a Compensation Order?

A compensation order allows you or your representative to recover compensation without having to sue for it. This is especially useful in cases where suing might be an inadequate or impractical course of action.

If granted, the compensation order will be made in addition to the offender’s existing sentence, such as a jail term and/or a fine.

When does the Court issue a Compensation Order?

The court will issue a compensation order only if it is appropriate to do so. This could be when the compensation amount is easily determinable, where suing the offender is not a more appropriate remedy, or where the compensation order will not cause immoderate hardship to the offender.

The compensation amount to be determined by the court should be sufficient for the victim to make up for the losses suffered. For instance, if the victim incurs medical bills due to injuries caused by the offender, the compensation amount will include the full amount of such bills. However, the amount of compensation ordered will not exceed what would be reasonably obtainable in a lawsuit. The severity of the offence does not affect the compensation amount.

The court may find it appropriate to make a compensation order in cases such as:

Domestic abuse of maids
Cheating
Assault
Causing harm
Theft

Payment of the Compensation

If the court orders the offender to pay the victim compensation, it may be paid through:

Instalments;
Seizure and sale of any property that the offender might own, with proceeds from the sale going to the victim;
Appointing a receiver to take possession and sell any property owned by the offender, with the proceeds from the sale going to the victim;
Searching the offender and confiscating any money found on them, up to the full amount of compensation

Non-payment of compensation could result in imprisonment for the duration decided by the court. However, if the court decides not to call for compensation, the victim may still be able to claim compensation under the Community Justice Centre’s Victim Assistance Scheme (VAS).

Engaging a Lawyer

As crime victims are not guaranteed compensation for harm caused by offenders, it is best to consult a lawyer who will be able to guide you through your options.

Mr. Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from traffic offences, high-profile criminal cases – to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr. Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

July 13, 2022

Defamation : a quick explainer

In Singapore, a civil action for defamation can be brought under tort law. Under the tort of defamation, there are two types of defamation:

Libel (which occurs in writing or broadcasting); and
Slander (occurs in speech)

Defamation occurs when someone publishes a statement that diminishes the subject’s standing in the eyes of third parties. The goal of defamation law is, therefore, to protect the subject’s reputation and to repair any damage done to the subject.

In the heavily publicised court case between American actors Johnny Depp and Amber Heard, Ms. Heard had written an opinion piece in a newspaper about surviving domestic violence, which Mr. Depp challenged in court as a case of Ms. Heard trying to defame him.

Criminal defamation

In Singapore, a person may be liable for a defamatory act if three elements are present:

The statement in question must be defamatory;
The statement in question must refer to the victim;
The statement in question must be published or communicated to a third party.

Defamation is a criminal offense under Section 499 of the Singapore Penal Code. If a person intends to defame another person, or knows that what he or she says will harm that person, then that person has committed a crime punishable by a fine and imprisonment for up to two years.

Civil defamation

Even if the person had no intention of defaming, he or she may be held liable under Singapore’s civil defamation law, known as the Defamation Act. Intention is not a factor in civil defamation.

It makes no difference whether the effect of your written or spoken words is harmful to someone. If you are found liable for civil defamation, you may be required to pay monetary damages and publicly apologise to the victims. It should be noted that if the speech is harmful but true, it will not be considered defamatory. Defamation necessitates the person telling a lie about the other person.

Engaging a Lawyer

June 28, 2022June 28, 2022

What are sham marriages?

A sham marriage, also known as a marriage of convenience, is a marriage between two people solely for the purpose of obtaining a benefit or advantage. Many people who enter into sham marriages are in financial trouble and thus easy prey for syndicates. Otherwise, foreign nationals who are desperate for work in Singapore may resort to such schemes to extend their stay.

Are sham marriages legal in Singapore?

Entering into a sham marriage is illegal in Singapore. According to section 57C of the Immigration Act (IA), if you enter into a marriage knowing that the purpose of the marriage is to help either you or your spouse gain an entry permit to Singapore, and either you or your spouse is offered a reward for entering into the marriage, you will be guilty of an offence. This applies even if the marriage is solemnised outside of Singapore.

Any person who arranges or otherwise assists in arranging a sham marriage is also guilty of committing an offence. In both cases, if convicted, the guilty offender is liable to a fine of up to $10,000 and/or imprisonment of up to 10 years.

How Can You Get Out of a Sham Marriage?

1. Apply to annul your marriage

Under section 105(aa) read with section 11A of the Women’s Charter, a marriage can be ruled void if it was solemnised on or after 1 October 2016. You can apply to have your marriage annulled. However, even after annulment, you can still be criminally liable under section 57C of the IA for entering into a sham marriage in the first place.

To avoid such a liability, you will have to prove that even though one purpose of your marriage was to help either you or your spouse gain an entry permit to Singapore, you had reasonable grounds to believe that the marriage would result in a genuine marital relationship.

2. File for divorce

Alternatively, you may file for a divorce. This option applies even if your marriage was solemnised on or before 1 October 2016.

Engaging a Lawyer

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years, from traffic offences, high-profile criminal cases – to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.