How you can get an annulment of your marriage in Singapore
An annulment is a legal process of making the marriage null and void. This simply means the marriage never existed in the first place. The process of getting an annulment is an entirely different legal process from divorce and and can be alternative to a divorce. However, to annul your marriage in Singapore, the following grounds must be met:
- either party must have willfully refused to consummate the marriage
- Incapacity to consummate marriage for example where the person is below 18 years of age or is mentally incapable of understanding the consequence of getting married
- Either spouse was already married at the time of marriage
- Evidence showing that the spouse was afflicted with a venereal disease before the time of marriage
- Mental illness rendering the spouse unfit for marriage
- Spouse was pregnant with another man’s child
However, you cannot obtain an annulment if you had knowledge of any of the above and still went ahead with the marriage (except a prior marriage). For example, if you knew that your spouse was impregnated by another man but you proceed with the marriage anyway, this ground of annulment is invalid. If you discovered the pregnancy after your marriage, then you may file for an annulment based on this ground.
The procedure for getting an annulment is relatively simple and your lawyer will be able to guide you through it.
Note that there may be other special circumstances wherein an annulment is possible, submit your details in the form on the right to find out more.
For an annulment (instead of a divorce) to be considered, you need to take note that:
- Application must be filed with the court within the first three years of the marriage;
- You need to file for a Writ of Nullity with the court
- Your appearance in court is a must for an annulment (divorce procedures, on the other hand, may sometimes involve only paperwork without the need for a court appearance)
- For uncontested cases, the process of annulment takes about four to five months
- Annulment takes effect only after an order is obtained from the Family Court declaring the marriage to be null and void
What are the consequences of an annulment of marriage?
Annulment in Singapore can have the following results:
- The marriage is dissolved and parties go back to being ‘single’. Unlike in a divorce when parties are deemed ‘divorcees’
- Any child born prior to decree of nullity is considered a legitimate child by the law of Singapore; Annulment takes effect from the time of Decree of Nullity but does not nullify the fact that the marriage had existed
- Has a different division of property compared to a divorce (if such division is unfavourable to you, filing for annulment may not be ideal)
How we can help you
SgDivorceHelp.com offers a comprehensive listing of law practitioners experienced in Singapore’s family law and legal processes. Their expertise will be essential in protecting your interest and helping you weather this challenging period.
Some lawyers are only well-versed in divorce procedures. It is important to know if the lawyer you hire is experienced in annulment of marriage. The lawyer you engage will guide you through the processes step by step as you may be unsure of what you need to do in your situation. You will comprehend the differences between an annulment and a divorce. With their professional help, you will effectively establish the best course of action to proceed with.