Getting an annulment in Singapore requires a different legal process than a Writ of divorce. It requires different grounds than divorce and the steps you take are not the same.
The grounds for an annulment are:
- One of the parties was already married to someone else when the marriage took place
- Willfully not consummating the marriage
- Not consummating the marriage due to incapacity
- Mental illness that makes the person not fit for marriage
- The spouse is pregnant by another man
- If it can be proven that the spouse had a communicable venereal disease before the marriage took place
However, if the respondent knew of the above situations (except a previous marriage) and went ahead with the marriage when they could have avoided it; then it will invalidate the chance of obtaining an annulment.
In other words, if you knew your spouse had a venereal disease and you married them anyway then it is not grounds for annulment. If you found out about the disease after your marriage then it is grounds for annulment.
There may be other circumstances where an annulment can be granted. Remember to ask about your specific situation you should seek legal counsel.
An application for annulment should be filed within the first three years of marriage. After the three year time frame you will probably need to file for divorce instead of an annulment.
You will need to file for a Writ for Nullity with the court. A court appearance is necessary unlike a divorce which sometimes requires only paperwork.
It will usually require four to five months to process an annulment if it is uncontested.
Results of an annulment:
A child that was born to the couple before the marriage is annulled is still considered legitimate under the law.
If a decree of Nullity is issued then the annulment is in effect from that time forward. The decree does not change the fact that the marriage existed up to the point of annulment.
An annulment of marriage in Singapore results in a different division of property than a divorce would so it may not be in your best interest to file for it.
If you feel you’re confused about how to annul your marriage in Singapore please call our office to set up an appointment. We’ll be happy to help you through the entire process step by step.
You may also be unsure as to whether you should seek a divorce or an annulment. We can help you understand the difference and explain which is best for your situation.
Because we are trained in the legal processes of Singapore we can offer the support and advice you need to get you through this difficult time.
When hiring a lawyer always ask if they are familiar with the this process. Some lawyers deal mostly with divorce proceedings. You need to know that the attorney you hire is experienced in annulment of marriage in Singapore.