Annulment

HOW IS AN ANNULMENT DIFFERENT FROM A DIVORCE?

Unlike a Divorce that ends a valid marriage, an Annulment determines that the marriage was not legally valid in the first place. Other differences between an Annulment an Divorce are that the grounds and process for obtaining them are different and the legal status of the parties after the process i.e. you will be regarded as “Single” (or “Never Married”) after a successful annulment but you will be regarded as “Divorcee” (or “Previously Married”) after a Divorce.

Although you only need to prove the irretrievable breakdown of the marriage to get a Divorce, you must prove that your marriage is either void or voidable in order to get an Annulment.

To prove that your marriage is void, you generally need to show that your marriage was invalid from the very start because of a failure to satisfy the technical or formal requirements for a valid marriage e.g. the marriage was not properly solemnised, your or your spouse was still married to another person, you or your spouse is not yet 18 years old and you’ve not obtained special authorisation to get married, you and your spouse are too closely related.

To prove that your marriage is voidable, you generally need to show that your marriage is invalid according to Singapore law e.g. non-consummation of marriage because your or your spouse was unwilling or unablel to do so, marriage only taking place as a result of you or your spouse consenting under duress (pressure), mistake or a mental disorder, where the wife was already pregnant with another man’s child at the time of the marriage.

Speak with our Family & Divorce Lawyers today

If you would like to understand more about this subject and how the issues discussed in this article may affect you, get in touch with our lawyers today.

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