Annulment in Singapore

Share this:

When a marriage breaks down, most people think of divorce as their main legal option. However, in certain situations, a marriage may be dissolved through the process of annulment. Both procedures ultimately result in the end of a marriage, but there are key differences between the two.

A Divorce legally terminates a marriage that was valid at the time it was entered into, resulting in the marital status being recorded as ‘divorced’. In contrast, an Annulment declares the marriage null and void, as if it never legally existed, thereby restoring the individual’s marital status to ‘single’.

In Singapore, annulment is governed by Part 10 Chapter 3 the Women’s Charter 1961 (“WC”). An annulment is granted only under specific and stringent conditions, depending on whether the marriage is classified as void or voidable. This article will thus explore the annulment process in Singapore and its legal effects.

Void Marriages
Regardless of whether you decide to annul your marriage, void marriages are invalid from the beginning of the marriage. Section 105 of the WC outlines the grounds for a marriage that shall be void:
  1. The marriage was not solemnised properly under the WC. This can occur when the marriage was solemnised in Singapore without a valid licence or by an unauthorised person.
  2. Either party was under the legal age of 18 years old at the time of marriage.
  3. Either party was already lawfully married to someone else at the time of the marriage.
  4. Marriages between parties of same sex.
  5. Marriages between parties that are considered prohibited degrees of relationship. Such relationship includes marriages between siblings and between parents and children.
  6. Marriages between Muslims solemnised under the WC, as Muslim marriages must be solemnised under Muslim Law.
  7. Marriages of convenience. This is when parties get married to gain some form of an advantage.
Voidable Marriages
Meanwhile, voidable marriages are still valid at the time of marriage, until one party decides to annul the marriage. Section 106 of the WC outlines the grounds for a marriage to be voidable:
  1. The marriage has not been consummated due to the incapacity of either party to consummate it or the wilful refusal of either party to consummate it.
  2. Either party to the marriage did not validly consent for reasons such as duress, mistake, mental disorder or otherwise.
  3. At the time of the marriage, either party was incapable of giving consent due to them suffering from a mental disorder, making them unfit for marriage.
  4. At the time of the marriage, either party was suffering from sexually transmitted disease(s).
  5. At the time of the marriage, the wife was pregnant by some person other than the husband.
The Annulment Process

According to section 104 of the WC, to start the annulment process, you will need to file an application for nullity to the Family Justice Courts. Unlike divorce which generally requires a minimum of 3 years of marriage, annulment of void marriages has no time limit. However, for voidable marriages, annulment should generally be filed within 3 years of marriage.

The next step would be to serve the court documents to the other party who may either consent to the annulment or contest it. There may also be Ancillary Proceedings (similar to a divorce) where the court decides on matters such as:

  • Division of matrimonial assets 
  • Maintenance for spouse and children 
  • Custody, Care and Control of children 

The Ancillary Proceedings can be streamlined if the parties already have an agreed plan on the above matters. 

If the Annulment is allowed, the Court will grant an Interim Judgement first, subsequently, after at least 3 months, the Court will grant a Judgment of Nullity, if there no further issues that arise in those 3 months. The whole process would thus be estimated to take around 5 months. 

Once the Judgment of Nullity is granted, the marriage is deemed never to have existed in law and both parties will revert to a ‘single’ status. 

However, if the application for annulment is unsuccessful, parties may then consider to file for a Divorce which can only be filed after 3 years of marriage (except in certain situations). For information on how to get a divorce, please refer to our article “Getting a Divorce in Singapore”

Conclusion

Annulment is a legal procedure in Singapore for situations where a marriage was never valid or was fundamentally flawed. The WC provides legal grounds and procedures for those seeking annulment.

If you are unsure about your circumstances, you may contact our family lawyers for a consultation:

If you are unsure about your circumstances, you may contact our family lawyers for a consultation:
Geralyn Danker, Director