Understanding the differences between annulment vs divorce in Singapore is essential for anyone considering ending their marriage. Annulment declares a marriage null and void, as if it never legally existed, while divorce officially ends a valid marriage.
Knowing which process applies to your situation can have significant legal and personal implications. In this article, we’ll explore the key distinctions between annulment vs divorce in Singapore, helping you make an informed decision.
You’ll learn about the processes, requirements, and outcomes of each, ensuring you choose the option that best suits your circumstances.
What Is Annulment?
Annulment is a legal process in Singapore where a Court declares that a marriage was never valid from the beginning.
Unlike divorce, which ends a legally recognised marriage, annulment essentially erases the marriage as if it never occurred. This means that once an annulment is granted, the marriage is considered null and void.
An annulment is also an option for those who can prove that their marriage was never valid from the outset. However, it is important to understand the specific grounds required to successfully obtain an annulment in Singapore.
What Is Divorce In Singapore?
Divorce is a legal process in Singapore where the Court assesses and dissolves a legally valid marriage. Unlike annulment, which declares a marriage null and void, divorce formally ends an existing marriage, recognising that it was legally valid but is no longer sustainable.
The primary reason for divorce in Singapore is the irretrievable breakdown of the marriage. This means that the marriage has reached a point where it cannot be repaired, and both parties agree that the relationship should end.
Divorce has significant effects on the parties involved, including changes in marital status, the need for property division, and arrangements for maintenance. It is a process that formally ends a marriage and involves various legal and financial considerations.
5 Differences Between Annulment And Divorce In Singapore
Annulment and divorce are two legal processes in Singapore that address the end of a marriage, but they operate on different principles and have distinct outcomes. Understanding the differences between these two processes is crucial for those considering their legal options.
#1. Legal Basis
The legal basis for annulment and divorce in Singapore fundamentally differs.
An annulment of marriage is based on the premise that the marriage was fundamentally flawed from the start. In this case, the marriage is either a void or voidable marriage.
A void marriage is one that is considered invalid from the beginning, such as a marriage between close relatives or one that did not meet the legal requirements for solemnisation.
Conversely, a voidable marriage is one that may appear valid. Still, it is flawed due to specific conditions, such as a spouse being underage, lacking valid consent, or being mentally incapacitated at the time of the marriage.
In the case of a voidable marriage, the marriage continues to exist unless one party seeks an annulment.
On the other hand, divorce is based on the irretrievable breakdown of a legally valid marriage. Unlike annulment, divorce acknowledges that the marriage was legally valid but has reached a point where it cannot continue.
The legal outcomes of annulment and divorce differ significantly. An annulled marriage is treated as though it never existed, meaning the parties are considered never to have been legally married.
In contrast, divorce ends the marriage but acknowledges its existence, affecting aspects like child custody, property division, and maintenance.
#2. Grounds
When comparing the grounds for annulment and divorce, it’s clear that the criteria for an annulment are more restrictive.
Grounds for Annulment
Annulment of marriage in Singapore is possible under specific circumstances where the marriage is considered void or voidable from the very beginning. Some common grounds for annulment include:
- Lack of Capacity: If one party was underage or mentally incapable at the time of marriage, the marriage is considered voidable.
- Fraud or Misrepresentation: If one party entered into the marriage under false pretences, such as hiding a previous marriage or a severe mental disorder, the marriage is voidable.
- Non-Consummation: A marriage can be annulled if it has not been consummated due to the willful refusal or incapacity of either party.
- Bigamy: If one party was already legally married to another person at the time of the marriage, it is automatically considered a void marriage.
These grounds for annulment are tightly defined, making annulment proceedings less common and more challenging to pursue compared to the divorce process.
Grounds for Divorce
In contrast, the grounds for divorce in Singapore are broader, focusing on the irretrievable breakdown of a valid marriage. The Women’s Charter outlines the following grounds:
- Unreasonable Behaviour: If one spouse behaves in a way that makes it impossible for the other to continue living with them, such as emotional or physical abuse.
- Adultery: Infidelity by one spouse is a valid ground for divorce.
- Desertion: If one spouse abandons the other for a continuous period, this can serve as a ground for divorce.
- Separation: A couple that has lived apart for a period of three years or more can file for divorce, provided both parties consent.
These grounds are generally easier to prove in Court, making the divorce process more accessible to those seeking to end their marriage.
#3. Marital Status After
The outcome of an annulment versus a divorce has significant implications for the parties’ marital status in Singapore.
After An Annulment
After a successful annulment, the marriage is treated as if it never existed. This means that the parties involved are legally regarded as having never been married, with their marital status reverting to “single.”
This is particularly important for legal records and documentation, as an annulled marriage is considered null and void from the start. Children born within an annulled marriage are still considered legitimate children, and the same rights to child custody and matrimonial assets apply.
After A Divorce
On the other hand, after a divorce, the marriage is officially dissolved, but both parties retain the status of having been married. They are recognised as “divorcees,” and this status is reflected in legal documents.
The divorce process acknowledges that the marriage was valid but has been terminated due to the irretrievable breakdown of the relationship. This recognition can affect future legal and personal matters as well as ancillary matters like child custody and support arrangements.
#4. Eligibility
Understanding the eligibility criteria for annulment and divorce is crucial, as these legal actions have distinct requirements in Singapore.
While both annulment and divorce lead to the dissolution of a marriage, their eligibility criteria differ significantly. Annulment is suitable for those who believe their marriage was fundamentally flawed from the outset, either legally or circumstantially.
In contrast, divorce is appropriate for those who have experienced an irretrievable breakdown of the marriage, typically after an extended period.
Divorce requires a longer marital duration and more substantial grounds related to the relationship’s deterioration, whereas annulment can occur relatively quickly if the marriage is proven void or voidable.
Annulment Eligibility
An annulment is a legal procedure that declares a marriage null and void, as if it never existed. For an annulment to be granted, specific conditions must be met, which can be broadly categorised into void and voidable marriages.
Void Marriages: These are considered invalid from the start. Grounds for a void marriage include:
- One party was under the legal age of marriage.
- The marriage occurred between close relatives, as defined by the Women’s Charter.
- The marriage was a sham, entered into for reasons like immigration or financial gain.
- Either party was already married at the time.
- The marriage was conducted improperly or outside the legal framework.
- The marriage was between two individuals of the same sex.
Voidable Marriages: While these marriages were initially valid, certain circumstances can render them voidable, such as:
- Non-consummation of the marriage due to incapacity or refusal.
- Consent obtained under duress, mistake, or mental disorder.
- The subsequent mental disorder of a spouse post-marriage.
- Pregnancy of the wife by another man at the time of marriage.
- A communicable venereal disease in one party at the time of marriage.
- A gender change by one party after marriage.
Annulments can be more complex and require solid evidence, especially in voidable cases. The process typically takes about 4 to 5 months for an uncontested annulment, though the timeline may be extended if complications arise.
Divorce Eligibility
To get a divorce in Singapore, the applicant must satisfy 3 requirements:
- The Plaintiff must have been married for at least 3 years unless it can be proven that the Plaintiff has suffered exceptional hardship or the Plaintiff’s spouse has been exceptionally unreasonable and cruel.
- Either party must (1) be a Singapore Citizen or Permanent Resident (PR), (2) have been domiciled in Singapore at the beginning of the divorce process, or (3) have lived in Singapore for the 3 years immediately preceding the divorce application.
- The Plaintiff must show that there has been an “irretrievable breakdown” of the marriage.
Unlike annulment, divorce is the legal dissolution of a valid marriage. The only ground for divorce in Singapore is the “irretrievable breakdown” of the marriage, which must be proven by one of the following:
- Mutual Agreement: The couple must have been married for at least three years and agree that the marriage has irretrievably broken down. They must provide a written statement explaining the reasons and outline arrangements for finances and any children involved.
- Adultery: Sexual relations with another person must be proven, and the Plaintiff must find it intolerable to live with their spouse. However, if the couple continues to live together for more than six months after discovering the adultery, this ground cannot be used.
- Unreasonable Behaviour: The Plaintiff must show that the Defendant has behaved, so continuing the marriage is unreasonable. Examples include domestic violence, verbal abuse, and compulsive gambling.
- Desertion: One spouse must have deserted the other for at least two years.
- Separation: The couple must have lived apart for at least three years, with the Defendant’s consent, or four years without consent.
To apply for a divorce, at least one party must have been domiciled in Singapore or resided there for three continuous years before filing. Additionally, the couple must have been married for at least three years unless exceptional hardship can be proven.
#5. Division Of Assets & Maintenance
The division of assets and maintenance obligations differ between annulment and divorce in Singapore, reflecting the nature and legal standing of each procedure. The outcomes for asset division and maintenance in annulment and divorce differ mainly due to the legal standing of the marriage.
Annulment Of Marriage: Division Of Assets & Maintenance
In the annulment, the division of assets and maintenance obligations often come with fewer responsibilities compared to a divorce.
When a marriage is declared void or voidable, the legal procedure focuses on restoring the parties to their original positions, as if the marriage never existed. However, matrimonial assets, such as property or savings acquired during the marriage, still require careful consideration.
In cases of annulment, the ownership of Housing and Development Board (HDB) flats is a key concern. If the marriage is annulled before the minimum occupation period is fulfilled, the parties may need to surrender the HDB flat to the Development Board at the prevailing compensation price.
This requirement is similar to the process in a divorce based on the annulment of marriage, but it potentially has less complexity due to the typically shorter duration of annulled marriages.
Spousal maintenance in annulment proceedings is generally less burdensome, particularly when the marriage has been annulled within a short period. Courts may consider the extent of financial contributions made during the marriage, but the obligations are often lighter than divorce.
Divorce: Division Of Assets & Maintenance
In contrast, divorce involves a more detailed and often contentious process for dividing assets and determining maintenance.
- Asset Division: The division of assets in divorce is governed by the Women’s Charter and involves a thorough assessment of all matrimonial assets, including property, savings, investments, and other financial interests acquired during the marriage. The Court considers factors such as:
- The length of the marriage.
- Contributions made by each spouse, both financial and non-financial.
- The needs of each spouse, including their future earning potential.
- The welfare of any children from the marriage.
The division is not always a 50-50 split. Instead, it aims to be “just and equitable,” considering the circumstances of both parties.
- Spousal Maintenance: In divorce cases, spousal maintenance is a significant consideration. The Court assesses the financial needs and capabilities of each party to determine a fair amount of maintenance, which may include regular payments or a lump sum. Maintenance is often more substantial in divorce cases than in annulments, reflecting the longer duration and legal recognition of the marriage.
Process Of Annulment And Divorce Proceedings In Singapore
In Singapore, both annulment and divorce involve legal processes that dissolve a marriage, but they do so under different circumstances. While divorce ends a marriage that has irretrievably broken down, an annulment declares a marriage null and void from the very beginning, as if it never existed.
Annulment proceedings are pursued under specific qualifying grounds, whereas divorce generally involves an irretrievable breakdown of the marriage.
Annulment Process
Annulment in Singapore is a legal procedure that formally declares a marriage null and void. This process is similar to divorce but is pursued under different conditions.
A marriage may be annulled if it is either void or voidable, meaning it was never valid, to begin with, or had certain defects that allowed it to be declared invalid.
Step 1: Filing for Annulment
The annulment process begins with the filing of a Writ for Nullity. This legal document, alongside other necessary paperwork, initiates the annulment proceedings. The following documents are typically required:
- Statement of Claim: This outlines the grounds for annulment, such as a void or voidable marriage, and the relief sought.
- Statement of Particulars: This includes detailed facts supporting the grounds for annulment.
- Proposed Parenting Plan: If the couple has children, this document outlines the proposed arrangements for the children’s care after the annulment.
- Matrimonial Property Plan: This plan applies if the couple jointly owns an HDB flat and details the proposed arrangements for the property.
Step 2: Court Proceedings
Once the annulment application is filed, the case moves to the Court for review. If the annulment is uncontested, the Court may grant an Interim Judgement. In contested annulments, the Court will conduct hearings where both parties present evidence.
The Court examines whether sufficient evidence exists to support the annulment claim, focusing on whether the marriage is void or voidable.
For instance, a void marriage might involve a situation where one party was already married to someone else. In contrast, a voidable marriage could involve issues such as lack of valid consent or mental disorder at the time of marriage.
Step 3: Resolution of Ancillary Matters
After the Court delivers the Interim Judgment, the next step involves resolving ancillary matters. These include the division of matrimonial assets, child custody, and maintenance issues.
If both parties reach an agreement, the process moves swiftly; otherwise, the Court may hold an Ancillary Matters hearing to settle disputes.
Step 4: Final Judgement of Nullity
Once all ancillary proceedings are resolved, the Court will grant a Final Judgement of Nullity, officially annulling the marriage.
This judgement signifies that the marriage is considered null and void from the start, and the status of both parties reverts to “single.” Unlike a divorce, where the marriage is recognised as having existed but is now dissolved, an annulment treats the marriage as if it never happened.
Divorce Process
In Singapore, the divorce process is divided into two stages: the termination of the marriage and the resolution of ancillary matters.
Stage 1: Termination of Marriage
The first stage focuses on whether the marriage should be legally dissolved. To initiate this process, the party seeking the divorce, known as the Plaintiff, must file several key documents in Court:
- Writ for Divorce: This is the main document that initiates the divorce proceedings.
- Statement of Claim: Outlines the reasons for seeking a divorce.
- Statement of Particulars: Provides detailed facts supporting the Statement of Claim.
- Proposed Parenting Plan (if there are children under 21): Outlines care arrangements for the children post-divorce.
- Proposed Matrimonial Property Plan: Details how the HDB flat will be divided.
- Acknowledgement of Service: Confirms that the Defendant has received the divorce papers.
- Memorandum of Appearance: Indicates whether the Defendant intends to contest the divorce.
Once the Writ for Divorce is filed, it must be served on the Defendant. If personal service fails, the Plaintiff may apply for Substituted Service, which allows the papers to be posted to the Defendant’s last known address or published in a local newspaper.
If the Defendant does not contest the divorce, the case may proceed on an uncontested basis. A court hearing will be scheduled, and if the Judge is satisfied, an Interim Judgement will be granted. This judgement officially ends the marriage but is not final until three months later.
If the Defendant contests the divorce, the case will go through Pre-Trial Conferences (PTCs) or mediation to resolve issues.
If no agreement is reached, the case proceeds to trial, where both parties present their evidence. The Court will then decide whether to grant the divorce and issue the Interim Judgement.
Stage 2: Ancillary Matters
The second stage deals with ancillary matters such as the division of matrimonial assets, custody of children, and financial settlements.
Both parties must file an Affidavit of Assets and Means, disclosing all assets, liabilities, income, and expenditures. These affidavits are exchanged twice, and either party may request further legal actions, such as Discovery or Injunctions if they suspect incomplete disclosure.
After filing the necessary documents, the Court will determine whether the case should be heard in the Family Court or transferred to the High Court. Cases with significant legal questions or high-value assets may be transferred to the High Court.
Finally, an Ancillary Hearing date is set, where the Court listens to both parties’ arguments and makes decisions regarding the division of assets, child custody, and financial support.
Once these matters are resolved and the required orders are made, the Plaintiff can file for the Final Judgment, which officially concludes the divorce process three months after the Interim Judgement.
Conclusion About Divorce Vs Annulment In Singapore
Understanding the key differences between annulment and divorce in Singapore is crucial for individuals considering the best course of action for their marital situation.
While annulment declares that a marriage was never valid from the start, divorce ends a legally recognised marriage. Both processes have specific legal implications, and the choice between them depends on individual circumstances.
It’s essential to seek professional legal advice to determine which option is most suitable for your situation. Making an informed decision about annulment or divorce can significantly impact your personal and legal outcomes, ensuring that your rights and interests are protected.
If you’re navigating the complexities of divorce or family law matters, Tembusu Law is here to assist you.
Our team of dedicated family and divorce lawyers in Singapore provides expert legal advice and representation to help you manage difficult family law disputes at all stages of the divorce process in the family justice system.
Divorce in Singapore can be challenging, with potential disagreements over child custody, the division of matrimonial assets, and other costs. At Tembusu Law, we aim to provide clarity and ensure you receive a fair outcome.
We support clients in claiming their rightful share in matrimonial assets, handling contested divorces, child custody and access applications, Personal Protection Orders (PPOs), and family violence cases.
Get in touch with our team of Singapore Divorce Lawyers for a free consultation today. If you want peace of mind knowing that your legal matters are in the capable hands of one of Singapore’s leading law firms, contact us today!
Frequently Asked Questions About Divorce Vs Annulment In Singapore
Are There Specific Time Limits For Filing For An Annulment Versus A Divorce In Singapore?
In Singapore, there are specific time limits for both annulment and divorce proceedings. For annulments, you must apply within three years of discovering the grounds for annulment, such as fraud or lack of consent.
For divorce, you must be married for at least three years before filing, except in exceptional cases where the Court may waive this requirement.
Is It Possible To Appeal A Divorce Or Annulment Decision In Singapore?
Yes, it is possible to appeal a divorce or annulment decision in Singapore. If you disagree with the Family Court’s decision, you can appeal to the High Court within 14 days from the date of the judgement. Appeals must be based on legal errors or significant factual errors that have affected the outcome of the case.
When Is Annulment A More Appropriate Choice Than Divorce In Singapore?
Annulment is a more appropriate choice than divorce when there are grounds to declare the marriage null and void, such as if it was entered into under false pretences or if one party was unable to consent.
It may also be suitable if the marriage was never legally valid due to procedural errors or conditions that make it voidable. Annulment effectively treats the marriage as if it never existed, which can be beneficial for resolving legal and personal issues.
Is There A Need For A Mediation Process Before Filing For Annulment Or Divorce In Singapore?
Before filing for a divorce, mediation is often required as part of the divorce process. Mediation aims to help parties resolve issues such as child custody and division of assets amicably before proceeding to Court.
However, mediation is not typically required for annulments, as the focus is on proving that the marriage should be considered void from the start.
