Annulment of Marriage in Singapore

You might have heard the term “Annulment” in passing, or chanced upon the term while reading an article or a book, we know of its existence, but, what exactly is an Annulment of Marriage? This article will give you the essential breakdown of how an annulment differs from Divorce in Singapore, what criteria must be met, and the path you’ll need to take to annul your marriage. Whether you’re faced with a void or voidable union, we will guide you through this life changing journey.

What does it mean to Annul a Marriage?

• An Annulment declares a marriage** null and void as if it never existed,** whereas a divorce ends a valid marriage; the two have different legal implications and proceedings in Singapore.
• Annulments can be requested for two types of marriages - An invalid (Void) and those that start as valid but have issues (Voidable). Reasons for annulment include things like not consummating the marriage, polygamy, pregnancy outside the marriage, and deception.
• The Annulment process includes initiating legal proceedings, addressing ancillary matters like asset division and maintenance, and can vary in complexity and cost depending on whether it is a contested or uncontested annulment.

Overview of Annulment vs. Divorce in Singapore

Let’s start by comparing an Annulment of Marriage from a Divorce in Singapore. Essentially, an Annulment of Marriage in Singapore declares a marriage null and void, as if it never existed. This effectively renders the marriage invalid from the start. Your status title goes back to being “Single”.

In contrast, a Divorce acknowledges that a couple was once legally married and that the marriage has now ended. Therefore, your status title becomes “Divorced”.

Therefore, unlike a Divorce which dissolves a valid marriage, an Annulment of Marriage dissolves a marriage by declaring it Void or Voidable.

The legal implications and proceedings differ between the two. So, deciding whether to file for an Annulment or initiate Divorce proceedings is a critical step in proceeding with your route of ending your marriage.

What is a Void or Voidable Marriage?

To understand annulment, you need to know about void and voidable marriages. A marriage is considered void if it is invalid from the start for reasons like marrying a close relative, improper solemnization, or an existing marital status of one party.

On the other hand, a voidable marriage is initially valid but can be annulled on specific grounds.

Void Marriage

A void marriage in Singapore is invalid from the very start, even if you decide not to formally annul your marriage. Below are some examples of void marriages in Singapore:

• A marriage between close blood relatives. For example, siblings or first cousins.
• A marriage that was solemnised by someone who does not have authority.
• A marriage where one of the parties is already legally married to someone else.
• A marriage involving a person below the legal age of 18.
• A marriage where one party lacked valid consent.
• Same-sex marriages (unless one party has undergone sex reassignment surgery).

Imagine this scenario.

You and your partner decided to get married, believing you were not closely related. However, to your shock and horror, you discover later on while leisurely flipping through a photo album that you and your partner are actually first cousins! In such a situation, your marriage can be declared void due to the prohibition of marriage between close blood relatives in Singapore.

Therefore, a key feature of a void marriage is its inherent invalidity, which is then declared by an annulment, which confirms that the marriage was never valid from the start.

Voidable Marriage

Unlike a void marriage, a voidable marriage is initially valid but can be annulled based on certain grounds. These grounds include factors that may lead to a void or voidable annulled marriage:

• Inability or refusal to consummate the marriage
• Extramarital pregnancy
• Sexually transmitted diseases
• Mental disorder present at the time of the marriage
• If there was a mix-up about the other person’s identity
• If one of the parties was tricked, forced, or pressured into the marriage

Past Case Examples #IRL

A woman faced relentless family pressure from her mother and brother to marry a man she had doubts about. Her initial refusal led to severe emotional and physical abuse by her own brother. Eventually, she gave in and got married. She lived in separate households with her then husband during their short marriage, and exact consummation status remained unknown. However, she was able to get an annulment from the court, declaring the marriage voidable as she was forced and pressured into the marriage.

The above case example can be a basis for seeking an Annulment in Singapore, as it goes against the valid consent you thought you were giving when you said “I do.”

A marriage Annulment declares the marriage as if it never existed, similar to void marriages.

Annulment Process in Singapore

Similar to a Divorce, Annulling a Marriage in Singapore main involves 2 stages:

1. The party initiating the annulment proceedings must establish valid grounds, and if successful, the Court declares the marriage null and void, restoring single status.
2. The Court addresses Ancillary Matters such as child custody, maintenance, division of matrimonial assets, and the division of the matrimonial home.

Check out our Info-graphic on Annulling a Marriage in Singapore below, where we have summarised the Annulment Process for you.

Beginning the annulment process necessitates a grasp of the involved complex legal procedures, of which, if you do not have the time or head-space for it, we can simplify things for you. These procedures encompass the initiation of annulment proceedings and the submission of the necessary documents, the handling of ancillary matters, and securing a Final Judgment of nullity from the Court.

1. Initiating Annulment Proceedings

Initiating annulment proceedings involves mainly the filing of the necessary documents, as stated below:

Filing a Writ for Nullity (valid ground for annulment established here)

To be submitted with:

• Statement of Claim
• Statement of Particulars
• Parenting Plan (if there are children involved)
• Matrimonial Property Plan (if there is a HDB)

Keep in mind that for voidable marriages, the annulment process must commence within 3 years of marriage.

2. Addressing Ancillary Matters

Similar to divorce, ancillary matters[link to our ancillary matters article here] such as child custody, child/spousal maintenance and the division of matrimonial assets need to be addressed.

Child Custody

Child custody covers the children’s physical, emotional, educational, and moral needs. It would be good to note that children born into a void or voidable marriage are still considered legitimate. When it comes to custody, there are a few things to know:

• Joint Custody: This is common practice in Singapore. Both parents share decision-making based on their involvement, the child’s preferences, sibling connections, and ability to support the child.
• Sole Custody: This is when cooperation is tough or there’s abuse involved. One parent makes all major decisions for the child’s welfare and needs, eliminating any shared decision-making.

Care and Control

This is about where the child lives and who takes care of their daily needs. The court considers the primary caregiver and the home environment. The primary caregiver makes daily decisions.

Access

This is about how the non-custodial parent gets to spend time with their child. It’s focused on what’s best for the child. Access can be unsupervised, which is the usual way, or supervised, if there are specific circumstances to consider.

Child/Spousal Maintenance

Child maintenance covers necessities such as food, clothing, and education, tailored to the child’s needs and parental financial capacity. Spousal maintenance, on the other hand, is calculated considering income, marital lifestyle, and household contributions. This introduces additional complexity to the annulment process as it involves maintenance payments to a wife, former wife, or incapacitated husband as stated in section 69 of the Women’s Charter.

Division of the Matrimonial Home

When it comes to shared marital property, this aspect determines the allocation or sharing of the home between divorcing spouses. Options include selling the property and dividing proceeds, one spouse buying out the other’s share, or arranging for one party to retain occupancy. The objective is to ensure clarity regarding the family home’s fate post-divorce.

Division of Matrimonial Assets

Matrimonial asset division starts with identifying what qualifies as such assets. These include:

1. Assets obtained during the marriage
2. Assets obtained before the marriage but utilised or enjoyed by the family
3. Assets significantly enhanced by one or both parties.

These assets are subjected to division during the annulment proceedings.

Examples of matrimonial assets include:

• The matrimonial home
• The family car
• Jewellery
• Savings accumulated during the marriage
• Businesses
• Insurance policies
• Crypto
• Shares
• Central Provident Fund (CPF) balances
• Lottery winnings
• Golf memberships

For a more in depth exploration of Ancillary Matters, click here as we dive in and discuss all angles of Ancillary Matters in our comprehensive article [Infographic included].

What is the Annulment Eligibility?

To get an annulment, you must submit and prove the grounds for annulment. We have summed up things for you below:

Annulment Eligibility in Singapore

• You do not need to be a Singaporean citizen.
• Both parties must be residing in Singapore when initiating the annulment proceedings.
• The eligibility criteria differ between void and voidable marriages.
• For voidable marriages, you must apply for annulment within 3 years of marriage, except for cases related to non-consummation.
• In cases of non-consummation, you can apply for annulment regardless of how long you have been married.
• For void marriages, there is no specific time limit to apply for annulment; it can be done at any time.

Whether the marriage is either void or voidable, you must provide sufficient evidence to substantiate your claim. This evidence is important in determining the status of the marriage. Bear in mind that eligibility for an annulment relies on particular circumstances and will be better verified with legal counsel.

Contested vs. Uncontested Annulments

The process of annulling a marriage can greatly vary, depending on whether it is contested or uncontested. Uncontested annulments occur when both parties agree on the terms, making the process quicker and simpler. For such cases, the annulment process typically takes about 4 to 6 months to process.

Whereas, contested annulments involve disagreements and complexities which prolong the process. In contested cases, the defendant might challenge the annulment by presenting evidence that contradicts the plaintiff’s claims. This can make the annulment process a complex and lengthy ordeal.

Post-Annulment Considerations

Following the annulment, important things to think about include, the legitimacy of children born during the marriage, and how to handle the division of matrimonial property.

Legitimacy Status of Children

In Singapore, if a marriage is declared void, children born during the marriage are still considered legitimate children. This is the case if both parties believed the marriage to be valid. Child maintenance plans can be set up by filing an application under the Integrated Family Application Management System (iFAMS) at the Family Justice Court website.

You should also consider that your child’s legal status might impact their rights in intestate succession [link to our probate article here] and the biological parent’s ability to exercise specific parental rights, such as child custody, after the annulment.

Handling Matrimonial Property Plans

The handling of matrimonial property plans is a crucial aspect of post-annulment considerations. After an annulment, the ownership of the HDB flat may be transferred, and in some cases, neither party may keep the flat. The parties have to surrender the HDB flat at the prevailing compensation price, subject to HDB’s approval.

The division of matrimonial assets after the court grants an annulment is governed by the Women’s Charter, which provides specific details for HDB flats. If an agreement cannot be reached, the court will grant a Judgment of Nullity and then proceed with dividing the matrimonial assets.

Conclusion

Annulment in Singapore is a complex process that involves understanding the difference between annulment and divorce, the characteristics of void and voidable marriages, eligibility for annulment, and the annulment process. It also requires addressing ancillary matters, and handling post-annulment considerations, like the legitimacy status of the children. By understanding what encompasses an annulment of marriage in Singapore, individuals can better navigate the annulment process and make informed decisions. Remember, it’s always best to seek legal advice when dealing with such complex matters.

Need Help?

Still unsure if you should proceed with an Annulment of Marriage or Divorce?

Our team at GuardianLaw is here to assist you.

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