Every couple goes through the typical ups and downs of a marriage. Some can work through their problems, but some are less successful and eventually want to separate.
For marriages that have lasted less than three years, couples can’t file for a Divorce unless they can prove “exceptional hardship” or “exceptional depravity”.
But, they do have the option to file for an annulment of marriage in Singapore. Since Divorce proceedings can’t begin earlier than three years from the date of marriage, an annulment is the best alternative.
We’ll discuss everything you need to know about filing for an annulment, its differences from a Divorce, and its implications.
#1. What Does An Annulment Mean?
An annulment of a marriage is a legal procedure that ends a marriage and declares it invalid. Although it’s similar to a Divorce, there are a few key differences.
Just like a divorce, an annulment brings your marriage to an end. However, whilst a divorce dissolves your marriage, an annulment of marriage means that in the eyes of the law, the marriage never took place.
The main difference between the two is that a divorce ends a valid marriage, while an annulment formally declares a marriage to have been legally invalid from the beginning.
- Divorce: Legally dissolves, terminates, and ends a valid marriage. A successful divorce reverts each party’s marital status to “single”.
- Annulment: Declares a marriage null and void. While an annulment acknowledges the marriage did take place, it considers the marriage legally invalid. However, records of the officiation can still remain on file.
In a Divorce, the Court accepts only one ground: the “irretrievable breakdown of the marriage”. However, the couple must be able to prove this ground by providing evidence of unreasonable behaviour, adultery, separation, or desertion. Meanwhile, the Court may grant an annulment for void and voidable marriages.
Under Chapter 3 of the Women’s Charter, to obtain an annulment in Singapore, you must prove that your marriage is either void or voidable. There are specific legal grounds that the court considers valid for annulling a marriage.
A void marriage is automatically annulled, meaning it was never legally valid. Examples include marriages involving bigamy or marrying a close relative. In contrast, a voidable marriage is legally valid until it is annulled and can be challenged in court.
Void Marriage
A void marriage is one that is legally invalid from the very start, even if you do not formally annul it. Until the marriage is annulled, your legal status will still be “married,” but the law does not recognise it as a valid union.
According to Section 105 of the Women’s Charter, a marriage is void if it meets any of the following conditions:
- Improper solemnisation (Section 22): The marriage was not properly solemnised by the Registrar or a licensed person, or it was not witnessed by at least two people, and without a valid marriage licence or special licence from the Minister for Social and Family Development.
- Close relatives (Section 10): The marriage is between close relatives, such as a parent and child or an uncle and niece. The First Schedule of the Women’s Charter provides a full list of prohibited relationships.
- Underage marriages (Section 9): One or both parties were below the age of 18 at the time of marriage, unless a special marriage licence was granted by the Minister under Section 21 of the Women’s Charter.
- Polygamous marriages (Section 11): One party was already legally married to someone else under any law, custom, or religion at the time of the marriage.
- Same-sex marriages (Section 12): The marriage is between two people of the same sex, unless one party has undergone a sex reassignment procedure.
- Marriages between Muslims registered under the Women’s Charter (Section 3(4)): Marriages between Muslims must be solemnised under Muslim law, not the Women’s Charter.
If a marriage is void, it is automatically considered invalid, but Section 104 of the Women’s Charter allows a party to apply to the court for a judgement of nullity, which confirms that the marriage is legally null and void.
Voidable Marriage
A voidable marriage is legally valid until one party takes action to annul it. While the marriage remains recognised by law, it can be annulled if specific conditions are met.
Under Section 106 of the Women’s Charter, a marriage is voidable if any of the following apply:
- Lack of consummation (Section 106(a)): The marriage has not been consummated because one party is physically incapable of doing so.
- Refusal to consummate (Section 106(b)): One party refuses to consummate the marriage without a valid reason.
- Lack of valid consent (Section 106(c)): The marriage took place without proper consent from either party due to reasons like duress, mistake, or mental disorder.
- Mental disorder (Section 106(d)): One party, despite valid consent, was suffering from a mental disorder at the time of the marriage that made them unfit for marriage.
- Sexually transmitted disease (Section 106(e)): At the time of marriage, one party was suffering from a transmissible form of a sexually transmitted disease.
- Pregnancy by another (Section 106(f)): The wife was pregnant by another man at the time of the marriage.
Unlike a void marriage, a voidable marriage is considered legally valid until one party applies to the court for an annulment.
#2. What Are The Conditions For Annulling A Marriage In Singapore?
Under Section 104 of the Women’s Charter, either the husband or wife must file a Writ of Nullity to begin the annulment process. The person who files the writ becomes the Plaintiff, while the other party becomes the Defendant.
The Defendant can challenge the annulment by proving to the court that:
- Section 107(1)(a): The Plaintiff, knowing they could have avoided the marriage, acted in a way that led the Defendant to reasonably believe they did not want to avoid it.
- Section 107(1)(b): It would be unfair to the Defendant if the marriage were annulled.
Other conditions that can make an annulment invalid include:
- Section 107(2): An annulment under Section 106(c) (lack of consent), 106(d) (mental disorder), 106(e) (sexually transmitted disease), or 106(f) (pregnancy by another man) will be invalid unless filed within three years of the marriage.
- Section 107(3): An annulment under Section 106(e) or 106(f) will be invalid if the Plaintiff knew about the issues at the time of the marriage.
Aside from meeting the criteria for a void or voidable marriage, they also need to meet certain conditions to file for an annulment:
- Deadline – A marriage annulment can be filed for void marriages at any time, as there is no deadline. However, an annulment must be filed within three years of marriage for voidable marriages.
- Legal Status – Either party doesn’t have to be a Singaporean to file for an annulment. However, both of them should be residing in Singapore when annulment proceedings begin.
#3. How Do You File For A Marriage Annulment In Singapore?
If both parties express their valid consent to annul the marriage because they believe it is void or voidable, they should follow this process:
Step 1: File A Writ Of Nullity
Under Section 104 of the Women’s Charter, either spouse can file a writ to begin the annulment process. You will need to include the following documents:
- Statement of claim: Explaining the grounds for annulment.
- Statement of particulars: Outlining the facts supporting your grounds for annulment.
- Parenting plan (if applicable): Proposed or agreed arrangements for your children.
- Matrimonial property plan (if applicable): Proposed arrangements for your HDB flat, including the possibility of surrendering it if the minimum occupation period has not been met.
You can find the necessary forms for these documents on the Family Justice Courts website under the “Divorce” section.
Step 2: The Court Delivers Its Interim Judgement
The Court will hand down its Interim Judgement after you’ve submitted all the legal documents and requirements for an annulment of marriage. This does not finalise the annulment but confirms the marriage is void or voidable.
Step 3: Settle Ancillary Matters
After the court grants an Interim Judgment, the next step is to resolve ancillary matters. These involve important issues such as the division of matrimonial assets, spousal and child maintenance, and child custody.
When a Writ of Nullity is filed in the Singapore Family Justice Courts, both parties have the right to seek financial and property orders, just as they would in a divorce.
If both parties have not reached a full agreement on ancillary matters by the time the Interim Judgment is granted, they will go through either Court Mediation or an Ancillary Hearing.
During this process, issues such as property division, spousal and child maintenance, and child custody will be worked out before the final Certificate of Nullity is issued.
Division Of Matrimonial Assets
The court will consider how to divide assets between you and your spouse. This includes properties and other financial assets acquired during the marriage.
Factors considered include each spouse’s financial contributions (such as income and investments) and non-financial contributions (like homemaking and child-rearing).
Because annulments often occur early in a marriage, particularly within the first three years, you may need to surrender your HDB flat if the minimum occupation period (MOP) has not been met.
Spousal And Child Maintenance
The court will assess whether spousal maintenance is required, considering factors such as the financial needs of the spouse and children, and the standard of living they enjoyed during the marriage.
For example, this may include the type of housing, transport, or quality of food they were accustomed to. The amounts awarded will depend on these factors and the ability of the paying spouse to provide support.
Child Custody
Custody decisions relate to who will have authority over important matters like the child’s education, religion, and healthcare.
The court will always make decisions based on the best interests of the child. In most cases, the court prefers to grant joint custody, allowing both parents to participate in key decisions regarding the child’s welfare.
Step 4: The Court Grants A Judgement Of Nullity
Once the Court is satisfied with the grounds for annulment and has met the conditions for a void or voidable marriage, they will hand down a Judgement of Nullity.
The couple is considered annulled at this point, and each party will revert to “single” as their marital status.
Generally, there is no timeframe for the Court to grant an annulment. Most cases are straightforward and uncontested, meaning the couple agree to the terms of annulment.
#4. What Happens If The Annulment Is Contested?
If one party challenges the other’s claims to annul the marriage, it will take much more time before the Court reaches a conclusion.
This is because both parties (defendant and plaintiff) must submit evidence to support their claims.
For example, even if the plaintiff knew that the marriage was void from the beginning, they acted the opposite, leading to the defendant believing the marriage was valid.
Or, an annulment may be contested because the defendant believes the separation may be unfair to them.
Remember, despite submitting evidence and proof of the marriage being void or voidable, the Court still needs to assess the facts of the case. Each situation is complex, and the Court’s decision will depend on several factors.
#5. What Happens During An Uncontested Annulment?
An uncontested annulment occurs when both parties agree on the annulment and the related ancillary matters, such as spousal/child maintenance, child custody, and the division of matrimonial assets. This process is much simpler and faster than a contested annulment.
In an uncontested case, the court can typically deliver a final judgement within four to six months. The process is straightforward as the couple has already reached an agreement on all key issues.
Here are the steps involved in an uncontested annulment:
- Memorandum of Appearance: One party submits a Memorandum of Appearance to the court, confirming they do not intend to contest the annulment.
- Affidavit of Evidence in Chief: The party filing for annulment signs the Affidavit of Evidence in Chief, confirming that the information they’ve provided is truthful and accurate.
- Draft Consent Order: Both parties agree on the ancillary matters (such as maintenance and custody) by signing a Draft Consent Order.
- Open Court Hearing: The party who filed for annulment must attend an open court hearing, where the annulment is granted, and the Draft Consent Order is approved.
- Interim Judgment: After the hearing, the court issues an Interim Judgment, confirming the annulment.
- Final Judgment of Nullity: The final Judgment of Nullity will only be granted at least three months after the Interim Judgment, once all ancillary matters are resolved.
#6. What If My Application For Annulment Is Denied?
If your application for annulment is denied, it’s essential to consider alternative options. The outcome depends on how long you’ve been married.
- If you’ve been married for more than three years, you can apply for a divorce instead. Divorce allows you to legally end the marriage based on grounds such as irretrievable breakdown of the marriage.
- If you’ve been married for less than three years, you cannot apply for a divorce unless you can prove exceptional hardship or that your spouse is guilty of exceptional depravity.
If this is not possible, you may need to live separately from your spouse until you have been married for at least three years, after which you can file for divorce.
It’s crucial to understand that annulment is not a quick alternative to divorce. There are strict legal requirements, and the process can be complicated. If your marriage is neither clearly void nor voidable, it may be difficult to secure an annulment.
To avoid common pitfalls, seeking legal advice before applying for an annulment is highly recommended. An experienced lawyer can help you understand whether your situation qualifies for annulment and guide you through the process to avoid unnecessary delays or complications.
Conclusion About Marriage Annulment In Singapore
An annulment is a legal procedure that invalidates a marriage or assumes it never happened in the first place.
Couples that want to separate but have not yet passed the three years of marriage may file for an annulment instead of Divorce. Even then, they must prove their union was a voidable or void marriage by presenting evidence and facts to support their claims.
Annulment cases tend to be complex, which is why many people seek help from a Divorce lawyer in Singapore. In addition, the sheer number of documents to file can be overwhelming.
If you want to file for an annulment, contact Tembusu Law. We’re a Singapore law firm offering legal representation in Family Law, Corporate Law, Litigation, Bankruptcy, Criminal Law, and other areas of law. Our experienced criminal lawyers in Singapore are also available for any related legal concerns.
Get a free 30-minute consultation, or check our legal services for more information.
Frequently Asked Questions About Marriage Annulment In Singapore
What Happens If An Annulment Is Unsuccessful?
A couple has two options if their claim for annulment is unsuccessful or is rejected by the Court:
- (For marriages lasting less than three years) one party can file for Divorce early by proving exceptional depravity or hardship.
- Parties can live separately from each other by signing a Deed of Separation. Then, they can file for Divorce once three years of marriage have passed.
What Happens To An HDB Flat After Divorce?
According to the Housing and Development Board, buyers must surrender the flat to the board if they don’t meet the minimum occupation period of five years. If you file for an annulment within the first three years of marriage, you’ll probably have to surrender the HDB flat.
What Will Happen To The Children After An Annulment?
Before the Court hands down its Final Judgement of Annulment/Nullity, it will require the parents to settle child custody plans during the ancillary phase.
Regarding the legitimacy status of the children:
- Void Marriages – Kids born out of void marriages are considered legitimate children.
- Voidable Marriages – Kids born from voidable marriages are still regarded as legitimate.
How Much Is An Annulment In Singapore?
We always try to work within a budget that’s comfortable and fair for everyone. This generally depends on the scope and amount of work involved – we can discuss and agree on this when we talk to you about your case to understand the current situation, and then work out a feasible budget together including via instalment payments if necessary to assist you. Contact Tembusu Law for more information on our legal fees.
