Dedicated annulment lawyers ready to help

In normal circumstances, a married couple in Singapore can only get a divorce after they have been married for at least three years. However, some circumstances can arise after the marriage that may entitle them to annul the marriage. There is a number of possible circumstances, including willful non-consummation of marriage by one of the parties, where a marriage has taken place without either party’s valid consent, or where the at the time of the marriage, the wife was already pregnant to another man

If a marriage is annulled, it is effectively defining the marriage as never taking place and parties revert to being “single” rather than “divorced”. Our annulment lawyers at JCP Law have significant experience representing clients seeking marriage annulment, as well as clients who have been served with an annulment. Our lawyers would be happy to meet you to discuss your circumstances and determine whether an annulment may be a suitable course of action for you.

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Frequently asked questions

Am I eligible to seek an annulment?

Under Singapore law, parties who generally have to wait three years from the date of marriage before they can commence a divorce. There is some situations however where you may be able to annul the marriage before this:

  1. that the marriage has not been consummated owing to the incapacity of either party to consummate it;
  2. that the marriage has not been consummated owing to the willful refusal of the defendant to consummate it;
  3. that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, mental disorder or otherwise;
  4. that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act 2008 of such a kind or to such an extent as to be unfit for marriage;
  5. that at the time of the marriage the defendant was suffering from venereal disease in a communicable form;
  6. that at the time of the marriage the defendant was pregnant by some person other than the plaintiff.

If you wish to discuss your eligibility for annulment of marriage, please get in touch.

Do I need to appear in court?

Yes. In addition to preparing and filing all of the relevant documents, you will need to appear in open court and answer some questions before a Judge before you can obtain an annulment.

Do I really need a lawyer?

Given the substantial amount of documentation required, and your need to appear in open court, it is highly advisable to hire a lawyer to professionally handle the matter for you.

What documents need to be filed?

A number of documents are required to file for an annulment, these include:

  • Writ of Nullity
  • Statement of claim for nullity
  • Statement of particulars
  • Affidavit of evidence in chief
  • Acknowledgement of service
  • Memorandum of appearance (defendant)
  • Request for setting down action for trial
  • Request for set down (parties’ attendance required)
  • Draft consent order

Due to the number of documents required, this is why hiring a lawyer to handle it will make your life considerably easier.

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