In Singapore, a marriage may be declared invalid through a legal process called annulment. Unlike a divorce, which ends a valid marriage, annulment treats the marriage as it was never valid from the beginning. For some, this is important because of the perceived social stigma from being divorced. Annulment is only available in specific situations set out under the Women’s Charter. Understanding these situations can help individuals determine whether an annulment or a divorce is applicable.
When can a Marriage be Annulled?
Not all marriages can be annulled. Singapore law recognises specific reasons for which a marriage can be declared void or voidable. These are limited and must be proven in court.
Void Marriages
A void marriage is one that is not legally valid from the beginning. Examples include marriages where one party was already married to someone else, or where the parties are closely related in a way that is prohibited by law. In such cases, the marriage is considered invalid.
Voidable Marriages
A voidable marriage is legally valid but a spouse can decide to have the court declare it as invalid. Examples include situations where the marriage was willfully not consummated by the respondent, where any party did not validly consent to the marriage, where any party is suffering from a mental condition at the time of the marriage, or where at the time of the marriage the respondent was pregnant by some person other than the applicant.
Time Limits for Annulment
Applications for annulment are subject to time limits for certain situations. For example, in some cases, it must be made within a specified time after the marriage. It is therefore important to act promptly if annulment is being considered.
Does Annulment Affect Children or Property?
Even if a marriage is annulled, the court may make orders relating to children and financial matters. This means issues such as custody, maintenance and division of assets may need to be resolved.
Conclusion
Annulment is a legal process that allows a marriage to be declared invalid in specific circumstances. Because the grounds for annulment are limited, it is important to understand whether the situation falls within one or more of the specified grounds.