Annulment of a marriage in Singapore refers to the cancellation of a marriage. It is a legal procedure in Singapore that cancels a marriage between two people and parties will have their status reflected as single and not divorced.
There are strict requirements to be fulfilled before the Courts in in Singapore will allow the marriage to be annulled.
A marriage can be annulled if one party can show that it never did exist legally from the start and hence void. This means the marriage was null and void as the formal and substantive requirements for a marriage to be valid are not fulfilled. For instance, if the solemnisation did not comply with the requirements of the law in Singapore or on the marriage date, one of the parties was already married under any law.
A marriage can also be annulled even though it is a valid marriage having fulfilled all the formal and substantive requirements if it is a voidable marriage due to one of the following reasons:
the marriage not consummated owing to the incapacity of either party to consummate it
the marriage not consummated owing to the wilful refusal of the Defendant to consummate it.
either party not validly consenting to the marriage, whether as a consequence of duress, mistake, unsoundness of mind or otherwise.
either party, although capable of giving a valid consent, suffering (whether continuously or intermittently) from a mental disorder so as to be unfit for marriage.
at the time of marriage, the Defendant suffering from venereal disease in a communicable form.
at the time of marriage, the wife being pregnant by some person other than the husband.
It is also important to note that there are specific timelines within which must apply to Court in Singapore for a nullity order just like in the case of a divorce.
It is also noteworthy that parties who own a HDB flat considering filing for nullity of marriage should take note when the parties jointly purchased a HDB flat based on their marital relationship being husband and wife, the HDB requires the parties to surrender the HDB flat if the marriage is rendered null and void by the Court. The process is the same as surrendering the HDB flat after divorce. Any request for retention of the HDB flat in the sole name of one party after the nullity, is subject to HDB’s approval.
The process of obtaining a Nullity order can be complex and experienced family lawyers serve an essential role in looking at the facts of your case and advising you as to how to present your application for the annulment of your marriage.
We are an experienced team dealing with such matters and applications in Court.
Do call us or email us for a legal consultation.
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