Annulment vs. Divorce: A Guide to Annulments in Singapore
A marriage is one of the most significant decisions you can make. When it does not work out, it is important to understand your legal options. While many are familiar with divorce, an annulment is a different legal process that declares a marriage to be void.
This guide explains the difference between annulment and divorce and outlines the grounds for an annulment in Singapore.
Annulment vs. Divorce: What’s the Difference?
The key difference between an annulment and a divorce lies in the status of the marriage itself.
Annulment: An annulment (also known as a nullity of marriage) is a legal declaration that a marriage is void or voidable. It is as if the marriage never legally existed.
Divorce: A divorce legally ends a valid marriage. It is a formal process that recognizes the marriage was valid but has now irretrievably broken down.
The Grounds for Annulment
To obtain an annulment in Singapore, your marriage must be considered either void or voidable under the Women’s Charter.
Void Marriages
A marriage is considered void if it was never legally valid from the very beginning. The court must grant an annulment for these reasons.
The grounds for a void marriage include:
- One party was already legally married.
- The marriage was between parties who are too closely related.
- Either party was below the legal marriage age of 18 (without a special license).
- The marriage was between people of the same gender.
- The marriage was not validly solemnised.
Voidable Marriages
A marriage is considered voidable if it was valid at the time it was made but can be legally cancelled due to certain issues that arise shortly after. The court may grant an annulment for these reasons.
The grounds for a voidable marriage include:
- The marriage was not consummated due to the willful refusal or inability of one party.
- One party did not give valid consent due to duress, mistake, or being of unsound mind.
- At the time of marriage, one party was suffering from a communicable venereal disease.
- At the time of marriage, the wife was pregnant by another person.
The Annulment Process
The process for an annulment is similar to a divorce. You must file a petition with the Family Justice Courts and serve the documents on your spouse. If you are successful, the court will declare a Decree of Nullity.
It is important to note that most petitions for annulment must be made within a reasonable time after the marriage. For some grounds, you may only have up to three years after the date of marriage to file.
Ancillary Matters: What About Assets and Children?
Just like in a divorce, the court has the power to make orders regarding the division of matrimonial assets, child custody, and maintenance. Even though the marriage is declared void, the court can still resolve these important issues to ensure a fair outcome for all parties.
Our Guidance on Annulments
Annulment is a complex area of law, and it is crucial to understand the legal requirements before proceeding. Given the strict time limits and specific grounds, it is important to seek legal advice to determine if an annulment is the right option for you.
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