Marriage Annulment Lawyers
The firm packages most of its legal services with an all-inclusive fixed fee that is affordable for all - The Straits Times
Are you trapped in a marriage that you believe should have never happened in the first place? you may be eligible for marriage annulment. Unlike a divorce, which requires you to be married for at least 3 years before you can file, you may be able to annul your marriage before this period if you can meet the required criteria. One of the parties must start the process with a writ on the grounds the marriage is either voidable or void.
We help with navigating the complex terrain of annulments, offering our expertise on both void and voidable marriages:
Void Marriages:
- One party is already married.
- Someone under 18 ties the knot without proper authorisation.
- Marriages between Muslims registered under civil law.
- Improper solemnisation of the marriage.
- Blood relations between the parties.
Voidable Marriages:
- The wife was already pregnant by another man at the time of marriage.
- Incapacity leading to unconsummated marriage.
- Wilful refusal to consummate the marriage.
- Marriage without valid consent due to mental disorder, mistake, or duress.
If the annulment of marriage is uncontested [i.e., both parties agree to it] you could be free from the bonds of the marriage in 4-6 months. It is recommended to discuss your situation with an experience annulment lawyer who can deem whether your case is likely to be successful based on the required criteria. Contact us today to make an appointment for a consultation - the first one is usually free of charge.
Work with an award winning team
PKWA Law has been recognised in The Straits Times ranking of “Singapore’s Best Law Firms 2025” for the fifth consecutive year.

For the 8th consecutive year we were recognised by Doyles as a leading family law firm in Singapore.

For the 5th year in a row we have been named as a leading Family law firm in Benchmark Litigation 2024 awards.
We've consistently received positive reviews from our clients on our service and results.
Why do clients choose us?
Meet some of our annulments team
- Doyle’s Guide: Consistently ranked as a Leading Family and Divorce Lawyer from 2016 through 2025.
- Benchmark Litigation Asia Pacific: Named one of the Top 100 Women in Litigation in both 2021 and 2022.
- Benchmark Litigation Asia Pacific: Recognized as a Litigation Star in 2021, 2022, 2024, and 2025.
- Asian Legal Business: Shortlisted for “Woman Lawyer of the Year” in both 2018 and 2024.
- Singapore Business Review: Honoured as one of "Singapore’s Most Influential Lawyers Aged 40 and Under”in 2016.
Jessica Chow is an Associate Director at PKWA Law and is a specialist in divorce law.
Awards and Recognition
Jessica was recognised as one of “Singapore’s Rising Stars” by Asian Legal Business in both 2023 and 2024. This accolade honors “exceptional lawyers who have shown remarkable potential and received consistent praise from clients.”
She is noted for “demonstrating outstanding potential and earning high client commendations.” Described as “a highly sought-after lawyer,” Jessica is praised for her ability to “de-escalate tensions and guide clients toward amicable resolutions.”
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- Included in Asian Legal Business’s 2022 list of Singapore’s Rising Stars, highlighting "the next generation of lawyers who have demonstrated exceptional potential and earned significant client acclaim."
- Honoured as one of Singapore Business Review’s “Most Influential Lawyers Aged 40 and Under” in 2016, celebrated for his thought leadership, influence, and accomplishments in the legal industry.
Articles on Annulments in Singapore
- The marriage is between Muslims registered/solemnised under the Women’s Charter, rather than Muslim law (section 3(4))
- It is a polygamous marriage as referenced in sec 4 (for marriages on or before 15 Sept 1961) – section 5
- One of the spouses was below 18 years of age at solemnisation, and the marriage wasn’t authorised by a special license of marriage given by a Minister under sec 21 of the Women’s Charter – section 9
- The parties fall within prohibited degrees of relationship, for example relatives, as stated in the 1st schedule of the Women’s Charter – section 10
- One of the parties was already married to someone else under any law, custom or religion, or usage – section 11
- The parties are of the same gender – section 12
- The solemnisation failed to comply with the requirements of Singapore law – section 22
- The law of the place it was celebrated, or
- Lack of capacity
When is a marriage voidable?
Voidable marriages are legally valid until a party applies for a judgement of nullity, unlike the situation in a void marriage. Under section 106, if a marriage took place after 1 June 1981 then it is voidable if:- The marriage hasn’t been consummated due to either party being unable to do so – section 106(a)
- The marriage hasn’t been consummated due to the defendant being unwilling to do so – section 106(b)
- Either of the parties did not consent to the marriage because of mistake, duress, mental disorder or otherwise – section 106(c)
- When the marriage happened, either party was capable of giving valid consent but was suffering from a mental disorder and was therefore unfit for marriage, according to the meaning of the Mental Health (Care and Treatment) Act 2008 – section 106(d)
- The defendant was suffering from a transmissible form of a venereal disease, at the time of marriage – section 106(e)
- The defendant was pregnant by someone other than the plaintiff at the time of marriage – section 106(f)
Annulment application process
Either spouse may file a writ asking for a judgment of nullity, according to section 104. The following documents must be included:- Statement of claim – this sets out the grounds you’re relying on for annulment;
- Statement of particulars – this should explain the facts you intent to rely on;
- An agreed or proposed parenting plan, if children are involved;
- A matrimonial property plan with your proposed arrangements for your HDB flat, if you have one. (If you have not fulfilled the minimum occupation period, you may have to surrender the HDB flat).
Annulment application time limit
There is no time limit to apply for a declaration of nullity if the marriage is void. However, if you are seeking an annulment of a voidable marriage, you should apply within three years. But no time limit will apply if you are alleging that the marriage has not been consummated because the defendant refused, or either party was incapable. You can then apply for an annulment regardless of the length of the marriage.Children born to a void or voidable marriage
In voidable marriages, children born within the marriage are considered legitimate. In void marriages, children born are also considered to be legitimate as long as the parties believed that the marriage was valid at the time it occurred.Can a court refuse to annul a marriage?
You’ll need sufficient evidence to show your marriage is void or voidable in order to annul your marriage. However, even if you allege this and prove it, a court may still refuse to grant the annulment you request, if:- The plaintiff knew they could annul the marriage but acted in a manner that caused the defendant to reasonably believe the plaintiff would not do so; or
- It would be unjust to the defendant for an annulment to be granted
- The plaintiff knew the defendant was suffering from a transmissible venereal disease; or
- The plaintiff knew the defendant was pregnant by another person
Denial of annulment of application
In this scenario, you may apply for a divorce, if you have been married for more than three years. If you have not been married for more than three years, you could choose to separate until three years of marriage has elapsed and then apply to divorce. If you can prove that you are suffering exceptional hardship, or the defendant is guilty of exceptional depravity, then you may apply for divorce prior to three years elapsing. Do not assume that annulment is a fast alternative to a divorce. It involves strict requirements, and can involve complex or confusing criteria. You should speak to a lawyer if you think your marriage is void or voidable, and fully understand the options available to you. The lawyer can help you interpret the law and follow due process so that you successfully obtain a judgment or declaration of nullity." ["post_title"]=> string(21) "Annulment of Marriage" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(18) "annulment-marriage" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:28:48" ["post_modified_gmt"]=> string(19) "2023-10-09 16:28:48" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=840" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8728 (24) { ["ID"]=> int(723) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-03-12 10:13:16" ["post_date_gmt"]=> string(19) "2022-03-12 02:13:16" ["post_content"]=> string(13235) "Divorce is a legal process that terminates a marriage between two individuals. It is a formal declaration that the marriage is dissolved, and the parties are no longer legally bound to each other. This article aims to provide quick but comprehensive guidance on the legal aspects of divorce in Singapore to help readers understand their rights and options when going through a divorce, empowering them to make informed decisions based on their situations.Legal requirements to get a divorce
Married for at least 3 years
Firstly, as a plaintiff, you must prove you have been married for at least three years. However, there are exceptions to this rule if the petitioner can prove exceptional hardship or if there has been misconduct by the other spouse. Although there is no clear legal definition of these terms, the following are examples of what may constitute those:- Extreme physical or mental abuse
- Severe mental distress
- Extreme, cruel adultery
- Adultery, which causes pregnancy
- Homosexuality
Domicile or habitual residence
The second requirement is that either spouse must have been domiciled in Singapore when filing for divorce. Domicile refers to a person's permanent home or residence, and it is necessary to establish jurisdiction for the Singapore courts to hear the divorce case. If both spouses are not domiciled in Singapore, they may still be eligible for divorce if they have been habitually residing in Singapore for at least three years before filing for divorce.The marriage has broken down irretrievably.
This means that the relationship between the spouses has reached a point where it cannot be repaired or reconciled.Simplified or uncontested divorce
A simplified and uncontested divorce refers to a divorce process that is relatively straightforward and where both parties are in agreement on all key issues. This type of divorce is typically faster, less expensive, and less emotionally draining than a contested divorce. It is suitable for couples who have already reached a mutual agreement on ancillary matters. In a simplified and uncontested divorce, the couple can jointly file a divorce application with the Family Court. The court will then review the application and, if satisfied, grant the interim judgment after 4 weeks. Following this, a final judgment will be issued three months after the date of the interim judgment. While the process may seem less complicated, it is still advisable to seek legal advice to avoid any potential pitfalls or future disputes between the parties.What if my spouse refuses to divorce me?
If your spouse refuses to divorce you, it can complicate the process. However, you can still file for a contested divorce in this case. Contested divorces can usually be concluded within 6 to 12 months.A step-by-step breakdown of the divorce process
(1) Filing of divorce petition
The first stage of your divorce proceedings is filing a divorce petition. This involves one spouse (the petitioner) submitting a writ for divorce to the Family Justice Courts.(2) Service of divorce petition to the other spouse
Once the divorce petition is filed, the next stage is the service of the petition to the other spouse (the respondent). The respondent has a specific period to respond to the petition by agreeing to the divorce or filing a defence if they contest it. If the petitioner does not respond within the given timeframe, the petitioner can go ahead with an uncontested divorce.(3) Ancillary Matters
If the divorce is contested, the case moves to the next stage, the Ancillary Matters stage. Ancillary matters refer to the financial and non-financial issues in the divorce process. These matters include the division of marital assets, child custody, child maintenance, and spousal maintenance. At this stage, parties must provide financial disclosure, including assets, liabilities, and income. Mediation or negotiation may be encouraged to reach a settlement. Based on the evidence presented, the court will decide if an agreement cannot be reached.(4) Issuance of Certificate of Final Judgment
Once the ancillary matters are resolved, the divorce enters the final judgment stage. At this stage, the court reviews the case and decides whether to grant the divorce. If the court is satisfied that all legal requirements have been met and there are valid grounds for divorce, a Certificate of Final Judgment will be issued.What counts as an 'irretrievable' marital breakdown?
As mentioned above, an irretrievable marital breakdown is a situation where the marriage has completely broken down and cannot be salvaged. To prove 'irretrievable breakdown,' the petitioner must prove one of the following five circumstances has happened:(1) Unreasonable behaviour
One of the ways to establish irretrievable marital breakdown is through unreasonable behaviour. This refers to behaviour by one spouse that makes it intolerable for the other spouse to continue living together. This ground for divorce is set out in Section 95(3)(b) of the Women's Charter. Examples of unreasonable behaviour include the following (non-exhaustive) list:- Verbal abuse and continual criticism
- Domestic violence
- Compulsive gambling
- Refusing to contribute to household expenses
- Lack of respect
- Alcoholism
- Lack of affection, concern, and care
- Improper association with another party
- Obsessive behaviour
(2) Adultery
If one spouse can provide evidence of the other spouse's voluntary sexual intercourse with someone else, it can be considered a valid ground for divorce. However, it is essential to note that the evidence must be substantial and convincing. If the extra-marital sexual intercourse does not happen, the behaviour is not classed as adultery, regardless of how intimate it was. On top of this , the plaintiff must show it is intolerable for them to keep living with their spouse. The plaintiff will not be able to cite adultery if they have continued to live with their spouse for more than six months after discovering the adultery.(3) Desertion lasting two years
Desertion refers to a situation where one spouse has deserted the other continuously for two years or more without any intention of returning. To prove desertion, the deserted spouse must provide:- Evidence to establish that the other spouse has wilfully and deliberately deserted them without any reasonable cause or excuse.
- Continuous period of desertion for two years, meaning that any attempts at reconciliation or resumption of cohabitation during this period may reset the clock, and the two-year period will need to start again.
(4) Separation for three years (with the defendant consenting to divorce)
The court will grant a divorce if it can be shown that the parties have lived apart continuously for at least three years before commencing the divorce. To prove separation, it is sufficient that the parties live separate lives and don't interact as husband and wife. If both spouses have been living separately for at least three years and both parties agree to the divorce, it can be seen as evidence of the irretrievable breakdown of the marriage.(5) Separation for four years
The final way to establish irretrievable marital breakdown is through a period of separation of at least four years. If the spouses have been living apart for at least four years, regardless of whether both parties agree to the divorce, it can be seen as evidence that the marriage has broken down.If my spouse can't be found, can I still get divorced?
Yes, it is possible to get divorced in Singapore even if your spouse cannot be found. In such cases, you can file for a divorce under the ground of desertion. The court will require you to provide evidence that you have made reasonable efforts to locate your spouse, such as hiring a private investigator or placing advertisements in newspapers. If the court is satisfied with your efforts, they may grant you a divorce even in your spouse's absence. However, it is essential to note that the court will consider the specific circumstances of each case. If your spouse cannot be located and there are no reasonable prospects of finding them, the court may proceed with the divorce proceedings. When your spouse cannot be found, the court may also require you to explore alternative methods of serving the divorce papers. This could include serving the papers through substituted service, where the documents are delivered to a close relative or posted at the last known address of your spouse. The court will assess the adequacy of these alternative methods before proceeding with the divorce.When deciding on the division of assets or child custody, will adultery or unreasonable behaviour affect the court's decision?
When deciding on the division of assets or child custody in a divorce case in Singapore, the court considers various factors, including the conduct of the parties involved. Adultery or unreasonable behaviour can indeed have an impact on the court's decision. However, it is essential to note that Singapore follows a no-fault divorce system, which means that the court does not assign blame or fault to either party for the marriage breakdown. Instead, the court focuses on the practical and financial consequences of the divorce and aims to achieve a fair and equitable outcome for both parties and any children involved. The court will also take into account other relevant factors, such as:- financial contribution of each party
- the needs of the children
- the length of the marriage
- the standard of living enjoyed during the marriage