Overview of Annulment in Singapore
An annulment is a legal procedure that dissolves a marriage and treats it as if it never existed. An annulled marriage declares that the marriage was never valid, and hence the marriage is considered as null and void. Parties' status will also revert to single and they will no longer be referred to as "divorcees."
In a nutshell, there are two sorts of marriages that qualify for an annulment under the Women's Charter: void and voidable marriages.
The Different Types of Voidable Marriages
Void Marriage - You must show that your marriage was void from the start due to a failure to meet the technical or formal requirements for a valid marriage, such as the marriage was not properly solemnized, your or your spouse was still married to another person, you or your spouse is under the age of 18 and has not obtained special authorization to marry, or you and your spouse are too closely related. In the case that one party wishes to apply to annul a void marriage, there is no time limit.
Voidable Marriage - To prove that your marriage is voidable, you must show that it is invalid under Singapore law, such as non-consummation of marriage due to your or your spouse's unwillingness or inability to do so, or marriage only taking place as a result of force majeure. In the case that one party wishes to apply to annul a voidable marriage, there is a three-year time limit.
Annulment Procedure
An application must be submitted with the court and served on the defendant directly. After then, the Defendant will have to enter appearance to indicate whether he/she will be contesting the application in court.
It should be noted that it is critical to state the reasons for the annulment and to back it up with relevant documentation. If the reasons are not sufficient, the court will most likely reject the application. In addition, when seeking for annulment, the parties have to be truthful and lying to the court is a serious offense that can result in a fine or time in prison.
Once the court is satisfied with the reasons and has grant the annulment, an interim judgment will be issues and it will be declared final after three months.
Documents to be prepared and filed
Examples of the relevant documents to be filed are as follows:
Statement of Claim which states the reason for annulment;
Statement of Particulars which sets out the particulars supporting your reason for annulment;
Matrimonial Property Plan (if any);
Proposed / Agreed Parenting Plan (if any).
What happens after the annulment
The Court will award a Judgment of Nullity, which completely dissolves the marriage, if your case is successful and the marriage is dissolved.
However, if the application is denied and the parties have been married for less than three years (i.e., they have been unable to secure a divorce), they may live separately until the three-year mark has passed before filing for divorce. In this situation, parties may want to consider signing a Deed of Separation to lay out their terms. Alternatively, a party can consider filing for an early divorce by demonstrating severe hardship in the marriage.
If you want to learn more about this topic and how the concerns highlighted in this article may affect you, contact us at +65 6970 8287 right away.
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