An annulment is a declaration by the court that a marriage was not legally valid or had become legally invalid. Its effect is to dissolve a marriage, declaring it null and void. Annulment proceedings must take place within 3 years of the marriage. The staturory provision for annulment is found in Sec 104 of the Women’s Charter. The legal term used is “judgment of nullity in respect of his or her marriage”.
What are the grounds for annulling a marriage?
Some grounds include:
- When either party was already married at the time of marriage
- When either party did not or was not able to give valid consent to the marriage
- When another man impregnates the spouse
- When there is proof that the spouse was suffering from a sexually transmitted disease prior to the marriage
- When either spouse becomes mentally ill to a point that he/she is not fit for marriage
- When either spouse intentionally refuses to consummate the marriage
- When the marriage cannot be consummated due to incapacity
- When the marriage was solemnised between two people of incestuous relationship
- When the marriage was solemnised between persons of the same gender
The above are non-exhaustive grounds for annulment of marriage. They are only valid grounds if the other spouse had no knowledge of the above prior to the marriage. Otherwise, the application for annulment will be invalidated
What happens if the annulment is successful?
If the Plaintiff succeeds in proving that the marriage is annullable, the Courts will then grant a Judgment of Nullity to dissolve the marriage.
However, any child that is born in the marriage prior to annulment is still considered a legitimate child.
For more information contact Singapore divorce or family lawyer Raphael Louis (Ray) or visit his website at www.raylouis.com.sg