• ROM in India or Singapore?

Hi,

Hope this finds you well ! I am Indian and my fiancé is Singaporean . He insist on ROM in singapore since according to him it will help easy facilitation of PR , buying a house in singapore , taking loans etc . But tomorrow if we get divorce he can also claim alimony from wife under singapore law and my property in india . My question is is it lawfully better to get married in india or singapore ? Can you kindly advise 

Regards 
Sidhi
Asked 9 days ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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18 Answers

even if you marry in singapore register your marriage with Indian consulate in singapore 

 

2) if you marry in India your spouse has no share in your property as under indian law spouse has no share in husband property but is only entitled to maintenance or alimony 

Ajay Sethi
Advocate, Mumbai
98121 Answers
7973 Consultations

you can file for divorce in india if marriage is registered with indian consulate 

 

however husband can file for divorce in Singapore as marriage is registered in Singapore 

 

alimony , property etc  would be as per Singapore  law 

 

Ajay Sethi
Advocate, Mumbai
98121 Answers
7973 Consultations

He cannot claim wife property in India as it is outside court jurisdiction 

Ajay Sethi
Advocate, Mumbai
98121 Answers
7973 Consultations

Dear client,

Your fiance is correct that registering your marriage in Singapore can facilitate PR, Home buying and loans. However you are also right to be cautious about Divorce laws, alimony, and Property rights. So there are vrious things that you have to understand before getting your marriage register either in India or in Singapore.

  1. Best option for protecting your Indian property and minimizing the alimony risk is to marry in India under the Hindu Marriage Act or Special Marriage Act and ensures all assets remain in your  name or on your name.

  2. If you want to marry for loan or homes then marry in Singapore, and consider signing a prenuptial agreement in Singapore to exclude your Indian property from marital status.

  3. Keep all your property on your name but it shall not claim the joint ownership.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

Anik Miu
Advocate, Bangalore
10553 Answers
123 Consultations

- As per Indian Law, a wife has no right over the husbands property during his life time , and similarly the husband also has no right over the wifes property during her life time. 

- Further, if you marriage will be performed as per Singapore law , then the case in case of dispute will not maintainable in India. 

- Hence, the better way to register the marriage under the Foreign Marriage Act before the consulate of India 

Mohammed Shahzad
Advocate, Delhi
15042 Answers
228 Consultations

  1. Law governing property is local law. In India husband cannot claim share in property of wife post divorce.
  2. A consulate/embassy is extension of country it represents. Marriage in Indian consulate solemnized by marriage office will be governed by Indian law.
  3. Indian property law/matrimonial law does not permit share in pre-marital property of wife post divorce.

Ravi Shinde
Advocate, Hyderabad
4774 Answers
42 Consultations

As an Indian citizen, your marriage will be recognised as legally valid in India only if you get your marriage registered under foreign marriage act or special marriage act in India, hence you may better get it registered in the Indian consulate at Singapore  ven after getting married in Singapore.

The distribution of properties in divorce is not automatic along with divorce in India unlike other countries. 

T Kalaiselvan
Advocate, Vellore
88323 Answers
2388 Consultations

If you get your marriage registered as per indian laws in the Indian consulate in Singapore then your marriage will be governed by Indian law, which means that your husband cannot claim the properties in india on your name as a right.

T Kalaiselvan
Advocate, Vellore
88323 Answers
2388 Consultations

He not only can claim any share in your property acquired in India  not only during  premarital period but also post marriage period, you can refuse to accept the Singapore divorce in this regard strating that you are governed by Indian laws insofar as your marriage is concerned.

T Kalaiselvan
Advocate, Vellore
88323 Answers
2388 Consultations

It’s better to marry in India under Indian law

Prashant Nayak
Advocate, Mumbai
33307 Answers
219 Consultations


Marriage in India vs. Singapore – Legal Implications

  1. Marriage Law Governing Your Rights

    • India: If married under Hindu Marriage Act (HMA) or Special Marriage Act (SMA), Indian laws apply, even if divorce is filed later in Singapore.

    • Singapore: If married under Singapore law (ROM), Singapore laws apply, including division of assets and alimony as per their legal framework.

  2. Can He Claim Your Property in India?

    • Pre-marital Property (owned before marriage) is not divided under Indian or Singaporean law.

    • If divorce is filed in Singapore, courts may consider global assets for alimony/settlements based on financial dependency.

  3. Marriage at the Indian Consulate in Singapore

    • If registered under the Foreign Marriage Act (FMA), 1969, it follows Indian laws for divorce and property matters.


Which is Better?

  • If you want Indian laws to apply, register in India or at the Indian Consulate in Singapore.

  • If registered under Singapore law (ROM), their rules on property division and alimony may apply.


Recommendation:



To protect your assets, consider a prenup or postnup agreement specifying asset division. If concerned about future claims, getting married under Indian law is a safer option.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
918 Answers
4 Consultations

Dear Sidhi,

I understand your concerns regarding the legal implications of marriage in Singapore versus India. Each jurisdiction has different laws governing marriage, property rights, and spousal support, and it is crucial to assess the legal consequences before deciding where to marry. Let’s break down the key aspects:


1. Legal Framework in Singapore vs. India

  • Marriage in Singapore (ROM - Registry of Marriages):

    • Governed by the Women’s Charter, which applies to civil marriages.

    • In case of divorce, the court can order maintenance (alimony) to either spouse based on factors like the length of the marriage, financial contribution, and future needs.

    • While Singapore courts primarily deal with assets within their jurisdiction, in certain circumstances, they may consider overseas assets, including property in India, especially if the asset was part of the marital pool.

    • A marriage registered in Singapore is legally valid in India, but Indian courts can still assert jurisdiction if either spouse is Indian and resides in India.

  • Marriage in India:

    • Governed by the Hindu Marriage Act, 1955 (if both are Hindus) or the Special Marriage Act, 1954 (for interfaith marriages).

    • In divorce, alimony is decided based on financial capacity, duration of the marriage, and the dependent spouse’s needs.

    • Indian courts typically do not have jurisdiction over assets outside India.


2. Alimony and Property Rights:

  • In Singapore: Alimony is not automatic; the court considers financial needs and contributions. If your marriage is short-term, spousal support may be limited. However, Singapore courts may still recognise foreign property for division.

  • In India: Alimony depends on income and lifestyle. Courts in India typically do not enforce foreign maintenance orders, but reciprocal enforcement treaties may apply in some cases.


3. Impact on Immigration and Residency:

  • Marrying in Singapore can facilitate easier processing for Permanent Residency (PR) and other legal formalities if you plan to live there permanently.

  • Marrying in India would require additional steps to register the marriage in Singapore for PR purposes, which could delay the process.


4. Safeguarding Your Assets:




If you are concerned about protecting your assets in India, you may consider:

  • Prenuptial Agreement: Valid in both jurisdictions if signed voluntarily with full disclosure.

  • Separate Property Structure: Keep assets solely in your name before the marriage.

  • Legal Advice: Engage lawyers in both countries to draft an agreement protecting your property rights.


Recommendation:

If your primary concern is ease of residence and legal processes in Singapore, registering the marriage there may be beneficial. However, if you want greater control over your Indian assets and to limit potential claims, an Indian marriage offers better protection under Indian law.

For a comprehensive legal strategy and to safeguard your rights in both countries, feel free to reach us at www.legalcorridors.com.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
382 Answers

If marriage is registered with Indian consulate then provisions of foreign marriage act apply .it is akin to provisions of special marriage act 

 

2) you would be governed by Indian law 

 

3) it should help 

 

4) husband has no share of your property bought in India in joint names 

Ajay Sethi
Advocate, Mumbai
98121 Answers
7973 Consultations

1. Getting married in Indian is getting married in India under Indian laws. Under Indian law, property of wife is her exclusive property under Hindu Women's Rights to Property Act, 1937. 

2. Yes, easy process of legalities and protection of your property is assured. 

3. Husband cannot claim any right in such property. 

Ravi Shinde
Advocate, Hyderabad
4774 Answers
42 Consultations

1. The marriage solemnised under indian law through Indian consulate will be a legally valid marriage as per Indian laws hence the Indian laws will be applicable to your marriage.  PR is a different subject to that of the marriage registration.

2. you have been advised about the Indian law, if you don't understand the legalities then you can consult an advocate either from this website or outside to understand more about the  question you are repeatedly posting here.

3. If your marriage is solemnised in Singapore then the law pertaining to property will be applicable as per Singapore law during divorce, you can consult an attorney from Singapore about it for more clarity

T Kalaiselvan
Advocate, Vellore
88323 Answers
2388 Consultations

1. Not necessarily 

2. she can’t claim properly as matter off right can only claim compensation in Indian law 

3. she can claim from your share only

Prashant Nayak
Advocate, Mumbai
33307 Answers
219 Consultations

Marry at Indian Consulate in Singapore under the Foreign Marriage Act (FMA).

  • Legally valid in both India & Singapore.

  • Governed by Indian law for divorce/property matters.

  • Still accepted by Singapore authorities for PR, housing, and loans.

Property Protection:

  • Pre-marital property (even jointly owned with your brother) is safe under both Indian and Singapore law.

  • Husband can’t claim pre-marriage assets, even if you marry under Singapore law (ROM).

Tip:


Add a prenup or postnup to clarify asset division — valid in Singapore, and helpful in India too.

 

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

 

Shubham Goyal
Advocate, Delhi
918 Answers
4 Consultations

1. Yes

2. Yes

3. No

Mohammed Shahzad
Advocate, Delhi
15042 Answers
228 Consultations

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