Thursday, March 3, 2011

Marriage Annulment in Singapore

A random post on how you can annul your marriage! hahaha...

Marriage Annulment in Singapore Law
In Singapore under section 106 of the Women’s Charter:

“A marriage which takes place after 1st June 1981 shall be voidable on the following grounds only:
(a) that the marriage has not been consummated owing to the incapacity of either party to consummate it;

(b) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it;

(c) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;

(d) 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 Disorders and Treatment Act (Cap. 178) of such a kind or to such an extent as to be unfit for marriage;

(e) that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;

(f) that at the time of the marriage the respondent was pregnant by some person other than the petitioner……”

Thus, a marriage can be annulled at any time, even in the first months of the marriage as long as section 106(a) or (b) is established.


Unlike a divorce, an annulment voids the marriage and would essentially put you in the position you were before you were married, that is, it is as if you have never been married before. Your marital status is still Single and not Divorced! The most obvious advantage is that the stigma attached to a divorce does not exist with an annulment.


The following examples quoted from http://www.singaporelawraffles.com/nuptial.htm

A case where petition for nullity fails
The petition was presented in a standard fashion as many such petitions are presented. It said that the parties had agreed not to consummate their marriage until they had gone through a ceremony of marriage according to Chinese customary rights. There were no discussions regarding where they would cohabit and consummate the marriage. After the marriage, the parties lived separately without consummating it. Their relationship deteriorated.

The court dismissed the petition. It decided that the parties were converting a case for divorce into one of nullity as nullity is speedier and carries no stigma.

A case where petition for nullity succeeds
After the marriage in August 1991, the wife and husband lived separately with their respective parents. The couple purchased a HDB flat and the wife requested the husband on numerous occasions that they move into the flat but he refused to do so. The wife had made no less than six attempts to consummate the marriage but the husband refused to do so.

A wife petitioned to nullify the marriage due to non-consummation and for the flat to be sold and the net proceeds (after repayment to CPF) to be divided equally between them. The court granted a decree of nullity and approved the sale of the flat.

The decree of nullity operates to annul the marriage only as respects any time after the decree has been made absolute, and the marriage notwithstanding the decree will be treated as if it had existed up to that time and assets acquired are treated as matrimonial asset.

3 comments:

emi said...

haha seriously, wat inspired this random post eh...

loveflower said...

hahaha, cos i just found out someone who was previously married (i.e. signed paper at ROM) to Guy A and am now dating Guy B with the intention to marry Guy B... so question mark right?? =) need to find out how this can be done, may be useful in the future, hahaha...

Sel said...

Hahaha AH I just saw ur this post. And I noe y u posted it hahaha...