Annulment of Marriage

Annulment vs. Divorce: What’s the Difference?

An annulment is a legal process that declares a marriage invalid, as if it never happened. Once annulled, both parties’ marital status is restored to ‘single.’

A divorce, on the other hand, ends a marriage that was legally valid from the beginning.

The Legal Grounds for Annulment in Singapore

To annul a marriage, one party must prove to the court that the marriage is either void or voidable.

Void Marriages

A void marriage is considered legally invalid from the very beginning. The court’s judgment of nullity simply confirms this. According to the Women’s Charter, a marriage may be void if:

• One person was already married to someone else.
• The marriage was between Muslims but registered under civil law.
• The parties are of the same gender.
• One spouse was under 18 years old and did not have a special marriage license.
• The parties are too closely related by blood.
• The solemnization failed to meet the legal requirements in Singapore.

Voidable Marriages

A voidable marriage is legally valid until a party applies for it to be nullified. The marriage will continue to exist until a court issues a judgment of nullity. A marriage may be voidable if:

• It has not been consummated due to one party’s inability or a willful refusal.
• One of the parties did not consent to the marriage because of duress, mistake, or a mental disorder.
• The defendant was already pregnant by another person at the time of the marriage.
• The defendant was suffering from a transmissible venereal disease at the time of the marriage.

The Annulment Application Process & Timeline

An annulment application typically involves a two-step process:

• Filing the Writ: One spouse files a writ for a judgment of nullity, providing documents such as a statement of claim and details about any children or shared property.
• Ancillary Matters: After the court is satisfied with the grounds for annulment, ancillary matters (e.g., division of property, child custody, and maintenance) must be resolved.

For uncontested annulments, the process usually takes 4-6 months. The court will then grant a Judgment of Nullity.

Important Considerations

• Time Limits: There is no time limit to apply for an annulment if the marriage is void. However, for a voidable marriage, you must generally apply within three years, unless the grounds are for non-consummation.
• Children of the Marriage: Children born from a voidable marriage are considered legitimate. Children born from a void marriage are also considered legitimate as long as the parties believed the marriage was valid at the time it occurred.
• Court’s Right to Refuse: Even if your marriage has valid grounds for annulment, a court may refuse to grant it if it would be unjust to the other party.
• Annulment is Not a Quick Fix: It involves strict legal requirements and can be a complex process. It is not an easier or faster alternative to divorce.

Take the Next Step with Confidence

If you are considering an annulment, contact us to speak with a lawyer in a confidential setting. We will explain your options and help you decide your next steps with clarity and care.