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When married couples think about ending their legal relationship, many consider marriage annulment as an alternative to divorce. While both annulment and divorce end the marriage, they are completely different processes, which require distinct legal grounds, timelines, and costs, resulting in different marital statuses after completion. Below, we discuss what marriage annulment in Singapore is, the grounds and consequences of annulment of marriage, and compare annulment vs. divorce.
Key Takeaways
- The annulment dissolves the marriage as if it never happened
- The grounds for annulment are either void or voidable marriage as defined in the Women’s Charter
- Spouses can file for annulment within three years of a voidable marriage or anytime for unconsummated or void marriages.
Definition and Overview of Marriage Annulment
As follows from its name, legal annulment cancels the marriage, returning both spouses to a single marital status without the stigma of divorce. Unlike divorce, an annulment means that the marriage never happened in the first place.
The annulment process is defined step-by-step in the Women’s Charter. The Charter sets clear annulment requirements, explains contested vs. uncontested annulments, and defines the consequences of annulled marriages.
Grounds for Annulment
Any of the spouses can apply for legal annulment if they can prove that their marriage is either void or voidable, as defined by the law. The Women’s Charter defines a marriage as void or voidable when:
| Void Marriage | Voidable Marriage |
|---|---|
| Two Muslim spouses register or solemnise a marriage under the Women’s Charter instead of Syariah Law. | Either of the spouses is unable to consummate the marriage by marital intercourse. |
| Both spouses have the same gender, except when one of them has had gender transition surgery. | The defendant spouse (the one sued for annulment) is deliberately refusing to consummate the marriage. |
| Spouses are closely related as defined in the Charter. | Consent to marriage was not legally valid due to mistake, duress, or mental disorder. |
| The spouses are under 18 years of age at the time of marriage unless granted an exception. | Either of the spouses was mentally unfit for marriage, even if capable of giving valid consent. |
| Either husband or wife was already legally married to someone else at the time of the new marriage. | The defendant’s spouse was suffering from a sexually transmitted disease. |
| The marriage was not solemnised. | The defendant’s spouse was suffering from a sexually transmitted disease. |
| The marriage was not solemnised. | The wife was already pregnant by another man at the time she married her husband. |
| The marriage is entered into to gain an immigration advantage for staying in Singapore and involves some form of gratification. |
The Annulment Process
Either spouse can initiate the annulment by filing the Court with a formal document known as a Writ of Nullity, accompanied by supporting documentation, which lists and proves the declared grounds for annulment. The spouses may also enclose additional documentation, such as a proposed parenting plan or matrimonial property plan.
Similar to divorce, the annulment of marriage can be either uncontested or contested.
Uncontested Annulment
If both husband and wife agree to annulment, the defending spouse will need to confirm that they have no objections by signing a Memorandum of Appearance. The applicant will have to attend the court hearing where the judge will make the Final Judgment and issue a Certificate of Nullity.
The Final Judgment would also include the decision on so-called Ancillary Matters, such as custody of children, division of matrimonial property and similar issues.
Contested Annulment
In a case where the other spouse does not agree to the annulment, the whole process is more complicated due to the need to additionally support the claims. The court will also consider the arguments by the defending spouse before deciding whether the annulment should be granted.
Consequences of an Annulled Marriage
The annulment of a marriage restores each spouse to their previous marital status. For example, if the spouses had not been married before, the annulment returns them to a “single” status.
In most cases, the children born in annulled marriages are considered legitimate, except when both parents knew that their marriage was void from the beginning. As to HDB flats, most often, the spouses will have to surrender their residence if filing for annulment within the first three years of marriage.
The Timeline and Costs of Marriage Annulment
In an uncontested process, the annulment timeline from initial filing for obtaining the Certificate of Nullity typically takes from 4 to 6 months. In contested annulments, the whole process can take longer, depending on the grounds for annulment, available evidence, and other complexities of the case.
Many people who consider ending their marriage are also concerned about how much it costs to file for marriage annulment. At IRB Law, we offer fixed-fee packages to make sure our clients know exactly the annulment costs they will pay, depending on whether their process is contested or uncontested. Our annulment lawyers inform clients on the timeline and exact fees associated with the annulment filing process during our free initial consultation.
Annulment vs Divorce
While both annulment and divorce end a marriage, here the similarities end. Divorce and marriage annulment are different legal processes, applicable in different situations and resulting in different marital statuses after completion.
| Annulment | Divorce |
|---|---|
| Grounds for annulment: Void or voidable marriage (see above in this article). | Grounds of divorce: Irretrievable breakdown of marriage through adultery, unreasonable behaviour, desertion, separation, or mutual agreement. |
| When to apply: Within three years for voidable marriage or anytime for unconsummated or invalid marriage. | When to apply: Not earlier than 3 years after marriage. |
| Timeline: Uncontested marriage annulment can take between 4-6 months after initial filing. | Timeline: Even an uncontested divorce can take from 12 months and longer from initial application. |
| Outcome: An annulled marriage returns spouses to their previous marital status. | Outcome: After the divorce, the spouses’ legal status is changed to divorced. |
Common Challenges
While each marriage annulment has its own nuances, the main difference is whether husband and wife agree to annulment or if one of the spouses objects to it. Generally, the contested annulment takes more time and requires more documentation to be filed with the court to support the annulment.
Additionally, the couples who have children from their marriage or live in HDB flats need to settle these matters during the annulment process. The spouses will need to agree on a parenting plan or matrimonial property plan themselves, or have the court decide upon the ancillary matters before granting annulment.
Annulment Laws by Region
Many countries adopting a common law system, such as Singapore, have certain similarities in their marriage annulment processes. Generally, these jurisdictions have void and voidable marriages as grounds for annulment and return both spouses to their previous marital status.
At the same time, marriage laws across jurisdictions have important differences, for example, different legal age, different approaches to same-gender or transgender relationships, and other specifics. In turn, religious annulment takes a completely different path and requires filing through a different authority than the court system. It is always a good idea to consult the local annulment lawyer near you to find out the annulment requirements applicable to your individual case.
Emotional and Psychological Considerations
The ending of a marriage relationship, either through annulment or divorce, is an emotionally tolling experience, whether both spouses agree to it or not. Combined with the burden of settling legal and other matters related to property, residence, or child custody, these situations can seriously impact a spouse’s ability to attend to their day-to-day tasks and their physical, mental and social wellbeing.
If you are considering the annulment of your marriage, you don’t have to go through it all alone. By turning to annulment lawyers from IRB Law in Singapore, you will have an experienced legal team by your side, who will make the process as seamless as possible and support you both legally and personally, every step of the way.
Final Thoughts
The annulment of marriage in Singapore allows spouses to end their relationship without divorce. The uncontested annulment process can take from 4 to 6 months, returning the spouses to their previous marital status as if the marriage had never happened.
While the annulment process is clearly defined in Singapore family law, engaging an experienced annulment lawyer early helps avoid common mistakes in filing and settle all legal and other matters with minimal effort on your side. Whether you consider annulling your marriage or are facing an annulment process initiated by your spouse, please don’t hesitate to contact IRB Law annulment lawyers in Singapore for qualified legal support and a free initial consultation.
