Annulment of Marriage in Singapore: Process and Requirements
There are 2 ways to bring an end to a marriage – Annulment or Divorce.
Annulment vs Divorce
Whether you should obtain an annulment or divorce depends on which one you are eligible for.
Both annulment and divorce have certain requirements, or legal grounds, upon which you can apply for the annulment or divorce. The requirements for annulment and divorce differ.
In a divorce, on the grounds of irretrievable breakdown of your marriage, you have to prove certain facts such as unreasonable behaviour, adultery or desertion.
In an annulment, you have to prove facts that your marriage is null and void – i.e. it never existed.
What Does It Mean by a Marriage Being Void or Voidable?
Voidable Marriages
The marriage is one that is invalid but can continue to exist unless one party annuls the marriage.
For example, if your marriage is not consummated due to your spouse’s refusal or their inability to do so.
Grounds to Prove a Voidable Marriage in Singapore
- Unable to consummate due to willful refusal or inability of one party to do so
- The marriage has not been consummated owing to the wilful refusal of the Defendant to consummate it
- A party does not provide valid consent to the marriage due to duress, mistake, coercion, mental incapacity or otherwise
- At the time of marriage, either party was suffering for a mental disorder
- The wife was found to be already pregnant to another man
- The defendant was suffering from a venereal disease in a communicable form (such as STD) at the time of marriage
- There was misrepresentation or fraud by one party
Void Marriages
A void marriage is void from the outset. Because it was never recognised as legal, both you and your spouse may treat the marriage as though it never took place.
You will need to prove that there was an error fulfilling the requirements of a valid marriage in Singapore. And even if you know it legally isn’t recognised, both parties are encouraged to still obtain a court order to ensure it’s absolute.
Grounds to Prove a Void Marriage in Singapore
- Either party was under the age of 16 (and their parents never gave consent)
- It was a marriage between close relatives
- There was an improper solemnisation (e.g. the place was not registered to perform the ceremony)
Need some help with your proceedings or need expert legal advice? Talk to our team of lawyers, we’re here to help.
Requirements to Get Your Marriage Annulled in Singapore
Do I have to be a Singaporean to annul my marriage here?
No, you do not have to be a Singaporean to annul your marriage in Singapore. However, both you and your spouse must have resided in Singapore for at least 3 years when you start the annulment process.
Do I have to provide evidence to prove my void or voidable marriage?
Yes, you have to support your claim with evidence, otherwise, the Court can refuse to grant your annulment.
Process for a Marriage Annulment in Singapore
Annulment in Singapore is a two-step process. The party filing for annulment must file a Writ of Nullity.
You’ll also need the following:
- Statement of Claim (stating the grounds on which the marriage is either void or voidable)
- Statement of Particulars (stating facts to support the grounds of annulment)
- Draft Consent Order (stating the agreed terms of the annulment)
You may find the various forms on the Family Justice Courts website under the “Annulment” tab.
Interim Judgment
After examination of all submitted evidence by the Court and lawyers, an Interim Judgment may be granted.
Ancillary Matters
Similar to getting a divorce, you and your spouse might have ancillary matters like the division of matrimonial assets to settle.
Claiming financial relief on annulment of marriage
Generally, there will be no maintenance granted as the marriage is typically too short to have caused much of a change in financial situation.
As such, the typical concern is regarding banquet money, honeymoon expenses, money put in for renovation etc, which can be solved with a simple agreement.
Matrimonial home
- HDB
You’ll need to meet a minimum 5 year period before you can list an HDB apartment in the open market for sale. So for couples that bought a BTO/resale flat, the usual route would be to surrender the BTO/resale flat to HDB at a loss. You may wish to try to appeal for an early sale but the chances of succeeding are not high.
- Private
Most of the time, private homes are bought in joint tenancy. Upon annulment, you might need a Draft Consent Order to change the status from joint tenancy to tenants in common. This means that each party will separately own a specified share of the home, and when either party passes away, the deceased’s share of the home will be distributed to their beneficiaries (if a Will exists) or by way of the Intestate Succession Act (if no Will exists), instead of passing automatically to the other party.
For condos in Singapore, homeowners need to hold the property for at least 3 years before they put the condos in the open market for sale, otherwise they will be liable to pay additional sellers’ stamp duty.
Judgment of Nullity (Final Judgment)
There will be a “cooling period” of 3 months before the Final Judgment is granted.
Once this Final Judgment is delivered, your marriage is officially annulled, and your marital status will go back to “single” and not “divorced”. You will not need to declare your previous marriage if there is a requirement to during job interviews either.
Documents Required to Annul a Marriage
- Marriage certificate
- Both parties’ NRIC
- Property address (if any)
How Long Does the Marriage Annulment Process Take in Singapore?
In Singapore, the marriage annulment process takes about 4-5 months, depending on the complexity of the case.
If your application to annul your marriage is unsuccessful and you’ve been married for less than 3 years, you may consider living separately from each other until the 3-year mark, then filing for a divorce.
Do You Need a Lawyer to File for an Annulment of Marriage in Singapore?
No, it’s possible to file for an annulment on your own. However, the process can be confusing and overwhelming without an expert lawyer to guide you. There are also numerous documents you need to draft and submit within a fixed timeframe.
It’s not easy being in your position, let an experienced lawyer help you get through this. Talk to our team, we’re here for you.