In Singapore, you can end your marriage either through annulment or divorce. The first path dissolves a marriage as if it never occurred, while the divorce process acknowledges the marriage and terminates the legal relationship between the spouses. Although the marriage is terminated in both cases, the spouses face a different set of consequences. Keep reading to find out more about annulment vs divorce and decide which option is better suited for your individual situation.
Key Takeways
- Both annulment and divorce dissolve a marriage, but with a different set of legal, financial and personal consequences.
- Spouses can file for annulment of marriages that are legally invalid, for example, concluded without proper solemnization, while the only reason for divorce is irretrievable marriage breakdown.
- Either of the spouses can file for annulment of marriage in Singapore within three years for voidable marriages, except for non-consummation, and at any time for void or non-consummated marriages.
- You need to wait three years from the date of marriage for filing for divorce unless experiencing exceptional hardship, or exceptionally unreasonable or cruel behaviour by the other spouse.
- The annulment results in dissolving a marriage as if it never happened, with spouses returning to “single” status. The divorce process in Singapore results in “divorcee” status for both spouses.
Definition of Annulment vs Divorce
In an annulment procedure, the spouses ask the Court to dissolve their marriage as not being valid from the beginning. If the Court grants an annulment, the marriage is considered null and void and is treated as if it never happened. As a result, the marital status of the spouses returns to “single.”
Unlike an annulment, if one or both spouses file for divorce, they acknowledge that their marriage is legally valid but is irretrievably broken beyond reconciliation. After divorce, the marriage is dissolved, and the spouses become divorcees, facing a different set of consequences.
Legal Grounds for Annulment
When either of the spouses applies for an annulment, they need to prove that their marriage is either void or voidable.
Void Marriages
Section 105 of the Women’s Charter of Singapore states that a marriage is void if it doesn’t meet legal requirements for valid marriages. These requirements include:
- the marriage must be properly solemnised,
- both parties must freely consent to the marriage,
- neither of the parties is under 18 years of age,
- there are no other impediments to marriage, for example, parties being relatives or of the same gender, the existence of other marriages under any law, religion, custom, or usage.
Voidable Marriages
A voidable marriage is one that is valid until one of the spouses files for an annulment.
Section 106 of the Women’s Charter lists the following grounds for recognising a marriage as voidable:
- the marriage was not consummated due to incapacity or wilful refusal by either of the spouses,
- there is no valid consent to the marriage due to reasons such as duress, mistake, or mental disorder,
- while either party was capable of valid consent, they were suffering from a mental disorder that made them unfit for marriage,
- at the time of marriage, the defendant spouse was suffering from a communicable venereal disease,
- the defendant spouse was pregnant by a man other than her husband.
Legal Grounds for Divorce
Meanwhile, the Women’s Charter mentions irretrievable breakdown of the marriage as the sole grounds for divorce in Singapore. The law considers a marriage irretrievably broken in situations where either of the spouses:
- committed adultery, and the other spouse finds it intolerable to continue living in the marriage,
- behaved in a way that the other spouse cannot reasonably be expected to continue living in the marriage,
- deserted the other spouse for a continuous period of more than two years,
- lived apart from the other spouse for a continuous period of more than three years with mutual consent, or four years without consent.
Importantly, the spouses can also file for divorce by mutual agreement that their marriage is irretrievably broken beyond reconciliation without having to specify the exact reasons, such as adultery, desertion or other causes. This change, introduced into the Women’s Charter on 1 July 2024, helped spouses achieve uncontested divorces without blaming or arguing about the reasons for marriage dissolution.
Key Differences of Annulment vs Divorce
In addition to various legal grounds for annulment vs divorce, there are other key differences between these two ways of dissolving a marriage.
Eligibility for Filing for Annulment vs Divorce
If either of the spouses chooses to dissolve their marriage through annulment, both spouses need to be habitually residing in Singapore at the time of filing.
Meanwhile, filing for divorce is only possible if either of the spouses is domiciled in Singapore at the time of filing or habitually resides in Singapore for a period of at least 3 years before filing.
Period of Filing for Annulment vs Divorce
If either of the spouses believes that their marriage is voidable for any reason except non-consummation, they can file for annulment within three years of marriage. Meanwhile, there is no time limit to file for annulment of void or non-consummated marriages.
In case the spouses consider dissolving their marriage through divorce, they can file no earlier than three years from the date of marriage. The only exception for filing for divorce earlier includes exceptional hardship, exceptionally cruel or unreasonable behaviour by the other spouse.
Procedural Differences in Annulment and Divorce
Annulment and divorce are different legal processes with distinct timelines. In an annulment procedure, the spouses need to send a Writ of Nullity with accompanying documents to the court and appear before the judge before their marriage is dissolved. If the other spouse agrees to annulment, the whole process can be straightforward and take between 4 to 6 months from the moment of filing to completion.
The divorce process in Singapore is more complicated and includes two stages. The first stage, known as Marriage Dissolution, dissolves a marriage, resulting in an Interim Judgment and takes not less than three months. The second stage, known as Hearing on Ancillary Matters, includes a discovery stage to collect information on spouses’ assets and incomes, and a Hearing on Ancillary Matters, resulting in Final Judgment. In most situations, the divorce process is more expensive and takes longer than annulment, even in non-contested cases.
Financial Differences
When either of the spouses files for annulment, the period of marriage is usually shorter, which results in a lesser financial burden compared to divorce. Also, if the annulment is granted during the first 3 years of marriage, the HDB flat is most often surrendered at a minimum compensation price.
The divorce process involves a thorough evaluation of all assets, including the HDB flat, with the division of matrimonial property. The court will aim for a just and equitable split, which does not always follow a 50-50 rule and will be based on the length of marriage, each spouse’s contribution, their needs, and the welfare of children. Unless the divorcing husband is incapacitated or his wife earns a substantial income, the husband will have to provide spousal maintenance, which can be a substantial amount, while child maintenance is split between the parents.
Personal Differences
In case the marriage is annulled, each spouse’s status returns to “single”, as if the marriage had never existed. In divorce, the ex-spouses become “divorcees”, which is reflected in their marital status.
At the same time, the children born in an annulled marriage are legitimate except when both their parents knew that their marriage was void from the start. In case of annulment, the court will apply the same rules for determining child custody and maintenance as in divorce.
Final Thoughts
The annulment of marriage and divorce are legal paths to end a marriage and the legal relationship between spouses. After obtaining the Final Judgment in either process, the ex-spouses can officially remarry another person.
Choosing the right legal path for ending the marriage is context-specific and should be based on the actual reasons behind marriage dissolution, the length of the relationship, eligibility criteria, and other factors. For more information on annulment vs divorce, please don’t hesitate to contact IRB Law family lawyers for a free initial consultation.
FAQs
Should I choose annulment or divorce in my situation?
Whether you choose divorce or annulment in Singapore depends on your unique circumstances. These circumstances include the grounds for marriage dissolution, for example, non-consummated marriage, extreme hardship, or adultery, the period how long you stay in marriage, and other factors. Please don’t hesitate to reach out to IRB Law family lawyers for a free initial consultation and choose the right legal path in your individual situation.
Is annulment the same as divorce?
Both annulment and divorce terminate marriage but are different legal processes which can be chosen depending on the grounds for marriage dissolution, whether you are eligible, and other factors. If annulment is granted, your legal status returns to “single,” while in the divorce process in Singapore, the ex-spouses become “divorcees,” which will be reflected in the legal documents.
What happens to spouses’ immigration status after marriage annulment or divorce?
If an expat spouse is married to a Singaporean citizen or resident and their marriage is annulled or dissolved in divorce, any dependent visa will usually be cancelled. In this case, the expat spouse needs to change their immigration status by applying for an eligible visa to continue their stay in Singapore.
If the expat spouse holds an independent Employment Pass or is a Permanent Resident at the time of marriage dissolution, their immigration status is generally not affected by either annulment or divorce.
Do I qualify for marriage annulment?
You can file for marriage annulment if your marriage is either void or voidable, as described earlier in this article. You can file for annulment within three years from the date of marriage for voidable marriage, except in cases of non-consummation, or at any time during non-consummated or void marriages. Please don’t hesitate to get in touch with IRB Law family lawyers for a free initial consultation on your specific circumstances.
What happens to an HDB flat after marriage annulment or divorce?
If your marriage is dissolved by annulment or divorce before you have fulfilled the 5-year Minimum Occupation Period (MOP), you may need to surrender the flat to HDB at a minimum compensation price. For most other cases of marriage dissolution where the MOP requirement is met, the ex-spouses split the HDB flat by way of sale or spousal transfer.
