Annulment of Marriage

 .annulment of marriage

An annulment of marriage refers to the dissolution of a marriage such that it is entirely erased from existence. It is as though the marriage has never taken place at all, in the eyes of the law.

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An annulment of marriage states that the marriage is not legally recognized and thus is considered to have never even taken place before. The process for one seeking an annulment of marriage is similar to one seeking a divorce.

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The spouse initiating annulment, also known as the plaintiff, must lobby for an annulment on the basis that the marriage is not valid. If the plaintiff’s application is not contested, the plaintiff will be granted a hearing date for uncontested annulment. The plaintiff is required to be present in person during the court hearing. The court hearing itself, however, usually lasts only 5 to 10 minutes. If granted, the Family Justice Court will pass an Interim Judgement which may be made final with a minimum period of 3 months.

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In the eyes of the law, once a marriage is void, the marriage is considered to have never taken place at all. Marriages considered to be void in Singapore include:

  • Marriages between Muslims carried out under civil law
  • A marriage that have taken place despite one of the spouse already legally married elsewhere
  • When one of the spouse is under 18 years of age and has not been given special permission for marriage
  • The spouses of the marriage being closely related by blood

Voidable marriages are marriages which may be considered void in the eyes of the law, due to special circumstances. Reasons for a voidable marriage may include:

  • No sexual relationship occurred between the spouses owing to unique circumstances.
  • The marriage has taken place without either party’s consent, under unique circumstances.
  • During the time of marriage, the wife is already pregnant with a child of another man.