Annulment of Marriage in Singapore – Complete Guide
An annulment of marriage is a legal process that declares a marriage null and void. Unlike divorce, which ends a valid marriage, an annulment means that in the eyes of the law the marriage never existed. After annulment, both parties return to the status of “single.”
In Singapore, annulment is governed by the Women’s Charter and can only be granted on specific grounds. The rules are strict, and many couples discover annulment is harder to obtain than divorce. This guide explains the differences between annulment and divorce, the grounds for annulment, and the process involved.
Annulment vs Divorce: What’s the Difference?
- Divorce: Ends a legally valid marriage. You must show that the marriage has broken down irretrievably (through adultery, unreasonable behaviour, separation, etc.).
- Annulment: Declares that the marriage was never legally valid from the start (void) or should be set aside (voidable).
The key difference is this: divorce applies to marriages that were valid but later broke down; annulment applies to marriages that were never valid or were flawed from the beginning.
When Can a Marriage Be Annulled?
Under the Women’s Charter (Sections 105–106), marriages can be categorised as either void or voidable.
1. Void Marriages (Never Valid From the Start)
A marriage is void if it breached the basic legal requirements for marriage in Singapore. Some examples include:
- One party was already married at the time of solemnisation.
- Parties were closely related (within prohibited degrees of relationship).
- One or both parties were under 18 years old and no special licence was granted.
- The marriage was not properly solemnised according to law.
- The parties are of the same sex.
- The marriage is a sham marriage of convenience (e.g. for immigration benefits).
Although such marriages are invalid from the start, the parties usually still apply to court for a judgment of nullity to formally declare the marriage void.
2. Voidable Marriages (Valid Until Annulled)
A marriage is voidable if it was valid at the start but one party can later prove grounds to have it annulled. Examples include:
- The marriage has not been consummated due to one party’s incapacity.
- The marriage has not been consummated because one party refuses.
- One party did not give valid consent (due to duress, mistake, or mental incapacity).
- At the time of marriage, one party had a mental disorder making them unfit for marriage.
- The defendant had a serious venereal disease at the time of marriage.
- The defendant was pregnant by another person at the time of marriage.
Voidable marriages remain legally valid until a court issues a judgment of nullity.
Time Limits for Annulment
- For void marriages: there is no time limit — you may apply at any point.
- For voidable marriages: you must apply within 3 years of the marriage, except where annulment is based on non-consummation (incapacity or refusal), which has no time limit.
If you miss the deadline for annulment, divorce may be your only option.
The Annulment Process in Singapore
The procedure is similar to divorce, but with different documents and grounds:
1. File a Writ for Nullity in the Family Justice Courts.
2. Submit supporting documents, including:
- Statement of Claim (grounds for annulment)
- Statement of Particulars (facts relied on)
- Parenting plan (if there are children)
- Matrimonial property plan (if you own an HDB flat)
3. The court first grants an Interim Judgment of Nullity if satisfied.
4. Ancillary matters (property division, maintenance, child custody) are then decided.
5. The Final Judgment of Nullity is issued, completing the annulment.
Timeline
Uncontested annulments: typically 4–6 months.
Contested annulments: can take much longer, depending on complexity.
What Happens to HDB Flats After Annulment?
This is often the most pressing question for couples.
Before the Minimum Occupation Period (MOP) is met: If the marriage is annulled before fulfilling the MOP, the HDB flat usually must be surrendered, as the original basis for the flat purchase (eligibility as a married couple) no longer exists.
After MOP is met: You may be allowed to retain the flat only if you qualify under another HDB scheme. Examples include:
- Single Singapore Citizen Scheme – if you are at least 35 years old.
- Single Parent Scheme – if you have care and control of the children.
Key Difference from Divorce: Annulment is generally stricter than divorce. In divorce cases, once the MOP is met, the flat can usually be sold or transferred as part of the settlement. With annulment, eligibility rules effectively reset, as if the marriage had never existed.
What Happens to Children After Annulment?
- Legitimacy: Children of void or voidable marriages are still recognised as legitimate under Singapore law, provided at least one parent reasonably believed the marriage was valid.
- Custody, Care & Control: The Family Justice Courts will decide based on the welfare of the child, similar to divorce cases.
When the Court May Refuse Annulment
Even if grounds exist, the court may refuse annulment if:
- Granting annulment would be unjust to the other spouse.
- The applicant knew of the issue (e.g. venereal disease, pregnancy by another person) at the time of marriage but went ahead anyway.
Annulment Denied – What Next?
- If married less than 3 years, you may apply for divorce only if you prove exceptional hardship or exceptional depravity.
- Otherwise, you may need to wait until you have been married for 3 years to file for divorce.
Annulment is not a quick alternative to divorce. It is only available on specific grounds, and many applications fail because the criteria are strict.
Frequently Asked Questions (FAQs)
1. How long does annulment take in Singapore?
Uncontested annulments usually take 4–6 months. Contested annulments can take much longer.
2. Can I annul my marriage after 3 years?
Generally no, unless the ground is non-consummation. Otherwise, you must file for divorce.
3. Are children from an annulled marriage legitimate?
Yes, children are considered legitimate under Singapore law.
4. What happens to my HDB flat after annulment?
If the MOP is not met, you may have to return the flat to HDB. Always seek legal advice before filing.
Conclusion
Annulment in Singapore is only granted in limited situations and has strict requirements. For most couples, divorce is the more common route. But if you believe your marriage is void or voidable, annulment may provide the clean break you need.
Contact PKWA Law’s family lawyers today for clear, practical advice on whether you qualify for annulment, divorce, or other legal options. Our team has decades of experience helping clients through difficult times with compassion and expertise.
