Marriage Annulment: An Overview

A marriage annulment in Singapore is a legal process that declares a marriage invalid or void, meaning it is treated as if it never legally existed. Unlike divorce, which ends a valid marriage, annulment applies only in specific circumstances where the marriage was legally defective from the outset or should not have been allowed to continue.

Annulment is governed by the Women’s Charter, and it is important to understand that not all unhappy or short marriages qualify for annulment. Strict legal criteria must be satisfied, and the court retains discretion in every case.

If you were to review the divorce statistics in Singapore you would note that the volume of annulments in 2024 for example was only 304, compared to over 5,600 marriages ended by divorce. Bottom line, most marriages end by divorce rather than annulment.

Annulment vs Divorce: What Is the Difference?

The key distinction between annulment and divorce lies in the legal status of the marriage:

• Divorce ends a marriage that was legally valid. The parties are considered divorced.
• Annulment declares that the marriage was either never valid or should be set aside. The parties are treated as having never been married and revert to single status.

Despite this distinction, annulment proceedings often resemble divorce proceedings in practice, particularly where children or financial matters are involved.

Types of Marriages That May Be Annulled

Under Singapore law, marriages fall into two categories for annulment purposes: void marriages and voidable marriages.

Void Marriages (Never Legally Valid)

A void marriage is one that was never legally valid from the beginning. Such a marriage may be declared null at any time, and there is no time limit for applying for annulment.

Common grounds for a void marriage include:

• One party was already legally married at the time of the marriage (bigamy)
• The parties are within a prohibited degree of relationship
• One or both parties were under the legal age to marry and no valid approval was obtained
• The marriage was not properly solemnised according to legal requirements

Because a void marriage is invalid from the outset, the court’s role is to formally declare its nullity rather than to dissolve it.

Voidable Marriages (Valid Until Annulled)

A voidable marriage is legally valid at the time it was entered into, but may be annulled if certain conditions are met. Unlike void marriages, time limits generally apply.

A marriage may be voidable on grounds such as:

• Non-consummation of the marriage due to physical or psychological incapacity
• Wilful refusal by one party to consummate the marriage
• Lack of valid consent, including consent obtained through duress, mistake, or unsoundness of mind
• Mental disorder rendering a party unfit for marriage
• One party suffering from a serious communicable disease at the time of marriage
• The wife being pregnant by another man at the time of marriage, without the husband’s knowledge

In most voidable marriage cases, an application for annulment must be made within three years of the marriage. However, applications based on non-consummation are not subject to this time limit.

Jurisdiction and Eligibility to Apply for Annulment

To apply for an annulment in Singapore, the court must have jurisdiction over the marriage. This generally requires that:

• At least one party is domiciled in Singapore, or
• At least one party has been habitually resident in Singapore for a sufficient period

Singapore citizenship is not required, but jurisdictional requirements must be met before the court can hear the case.

The Annulment Process in Singapore

Annulment proceedings follow a structured court process, similar to divorce proceedings:

(1) Filing of Application

The applicant files an annulment application setting out the relevant grounds and supporting evidence.

(2) Interim Judgment

If the court is satisfied that the marriage is void or voidable, it may grant an Interim Judgment of Nullity.

(3) Ancillary Matters

Where applicable, issues such as:

• child custody, care and control, and access
• child and spousal maintenance
• division of matrimonial assets

must be resolved before the annulment can be finalised.

(4) Final Judgment

After a minimum waiting period (usually at least three months), the court may grant a Final Judgment of Nullity, formally ending the proceedings.

While uncontested annulments may proceed more efficiently, contested cases can take significantly longer depending on the complexity of the issues involved.

Children and Financial Matters After Annulment

A common misconception is that annulment removes the need to deal with children or finances. This is not correct.

Even though an annulled marriage is treated as if it never existed, children of the marriage remain legitimate, provided the parties reasonably believed the marriage was valid.

The court retains full power to make orders relating to:

• custody, care and control, and access
• child maintenance
• division of matrimonial assets
• spousal maintenance where appropriate

The welfare of any children remains the court’s paramount consideration.

When Is Annulment Appropriate?

Annulment may be suitable in limited situations, such as:

• Very short marriages where legal defects are present
• Non-consummation of the marriage
• Marriages entered into without genuine or informed consent

However, annulment is not a shortcut to divorce, and it is not available simply because a marriage has broken down or was a mistake. Many cases are more appropriately dealt with through divorce proceedings.

How JCP Law Can Assist

At JCP Law, our experienced divorce lawyers provide clear, practical advice on whether annulment is appropriate for your circumstances. We can assist with:

• Assessing whether your marriage is void or voidable
• Advising on time limits, jurisdiction, and evidence requirements
• Preparing and filing annulment applications
• Representing you in court proceedings
• Advising on child and financial matters arising from annulment

Annulment cases can be legally complex and fact-sensitive. Early legal advice is essential to avoid unnecessary delay or cost. Contact JCP Law today to discuss your situation and understand whether annulment or divorce is the most appropriate option for you.