Annulment is a legal procedure that dissolves a marriage entirely and erases the marriage from existence. From a legal perspective, it is as if the marriage never took place at all.
An annulment declares that the marriage was not valid and as such, technically speaking never existed.
Our Lawyers at GJC Law, have significant experience representing parties requesting annulment as well as parties (defendants) who have been served with an annulment.
We can make a detailed assessment of your personal circumstances and determine the right course of action for you. Contact us today to find out how we can help.
The Annulment Process in Singapore
The annulment procedure is similar to the process for divorce. The party filing for annulment (the plaintiff) must petition for an annulment on the grounds that the marriage is either void or voidable.
Should the action be uncontested, the plaintiff would set down the case and be given an uncontested court hearing date.
The plaintiff’s attendance at the court hearing is compulsory, but the hearing should only last around 5 to 10 minutes. If everything is in order, the Court will grant an interim judgment, which will be made final after 3 months.
Marriages that are Void
Where a marriage is void, the marriage in legal terms never existed. Marriages which are deemed to be void under Singapore law are:
- Marriages between Muslims that are registered/solemnised under civil law
- Where one party is already married under any law
- Where one party is below the age of 18 and has not been granted special authorisation
- Parties to the marriage being closely related
- Where the marriage was not properly solemnised
Marriages that are Voidable
Voidable marriages are marriages which owing to certain circumstances may be deemed to be invalid under the law. The reasons for a voidable marriage under Singapore law are:
- Marriages that have not been consummated owing to either party`s incapacity to do so
- Marriages that have not been consummated owing to either party`s willful refusal
- Where the marriage has taken place without either party`s valid consent (due to one party consenting under duress, mistake or mental disorder)
- Where the time of the marriage, the wife was already pregnant to another man