Annulments

Annulment is a legal process that dissolves a marriage entirely and removes the fact the marriage ever existed at all.

What criteria must be met for an annulment to take place?

There are 2 types of marriages that can be annulled. Firstly, are marriages that are Void and lastly, marriages that are Voidable.

Marriages that are deemed void in Singapore are:

  • Parties to a marriage are closely related
  • Where either party is below 18 years of age and has not been granted special authorisation
  • Where either party is already marriage under any law
  • Where the marriage was not properly solemnised
  • Marriages between Muslims that are registered/solemnised under civil law.

Marriages that are Voidable owe it to specific circumstances that may deem it invalid under the law. These are the reasons for marriage that are voidable:

  • Marriages that have not been consummated owing to either party’s incapacity to do so
  • Marriages that have not been consummated due to either party’s wilful refusal
  • Where the marriage has occurred without mutual valid consent (e.g., one party consented under duress, mistake or mental disorder)
  • Where during the time of the marriage, the wife was already pregnant with another man

The process for Annulment is very much similar to a divorce proceeding. Instead for grounds of divorce, the Plaintiff (filing party) has to commence the proceedings based on if the marriage is either void or voidable.

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