When a marriage faces irreconcilable challenges, couples in Singapore have two primary legal options to end the union: divorce and annulment. While both result in the dissolution of the marriage, they differ significantly in legal implications, procedures, and outcomes. Understanding these differences is crucial for individuals considering either option.
What Is Divorce?
Divorce legally terminates a valid marriage, acknowledging that the union existed and was legally binding. In Singapore, under the Women’s Charter, a divorce is granted only if the court is satisfied that the marriage has irretrievably broken down.
Grounds for Divorce
As of 1 July 2024, Singapore introduced a new ground for divorce: Divorce by Mutual Agreement (DMA). This allows couples to divorce without attributing fault, provided both parties agree that the marriage has irretrievably broken down.
Other grounds include:
- Adultery: One spouse has committed adultery, and the other finds it intolerable to live with them.
- Unreasonable Behaviour: One spouse has behaved in such a way that the other cannot reasonably be expected to live with them.
- Desertion: One spouse has deserted the other for at least two continuous years.
- Separation: The couple has lived apart for at least three years with consent or four years without consent.
Legal Consequences of Divorce
- Marital Status: Parties are considered “divorcees.”
- Property Division: The court will divide matrimonial assets based on contributions and needs.
- Child Custody: Arrangements for children are determined, focusing on their welfare.
- Maintenance: One party may be required to provide financial support to the other or to children.
What Is Annulment?
Annulment is a legal procedure that declares a marriage null and void, as if it never existed. In Singapore, annulments are governed by the Women’s Charter and are typically sought under two categories:
- Void Marriages: Marriages that were never valid due to reasons such as bigamy or lack of legal capacity.
- Voidable Marriages: Marriages that are valid unless annulled, often due to factors like lack of consent, mental incapacity, or non-consummation.
Grounds for Annulment
A marriage may be annulled on the following grounds:
- Non-consummation: The marriage was not consummated due to incapacity or willful refusal.
- Lack of Consent: One party did not validly consent to the marriage due to duress, mistake, or unsoundness of mind.
- Mental Disorder: One party was suffering from a mental disorder at the time of marriage.
- Venereal Disease: One party was suffering from a transmissible venereal disease at the time of marriage.
- Pregnancy by Another: The wife was pregnant by someone other than the husband at the time of marriage.
Legal Consequences of Annulment
- Marital Status: Parties are considered “single,” not “divorcees.”
- Property Division: The division of matrimonial assets may differ from that in divorce cases.
- Child Custody: Children born during the marriage are considered legitimate.
Key Differences at a Glance
| Aspect | Divorce | Annulment |
|---|---|---|
| Legal Status | Marriage existed; parties are “divorcees” | Marriage never existed; parties are “single” |
| Grounds | Irretrievable breakdown (e.g., adultery, separation) | Void or voidable reasons (e.g., lack of consent, mental disorder) |
| Timeframe | Can file after 3 years of marriage | Must file within 3 years of marriage |
| Property Division | Based on contributions and needs | May differ; often less favorable to the applicant |
| Children’s Status | Children are legitimate | Children are legitimate |
| Court Procedure | May involve mediation and hearings | Requires court appearance; evidence of grounds needed |
Conclusion
Choosing between divorce and annulment in Singapore depends on the specific circumstances of the marriage and the desired legal outcomes. Divorce acknowledges the marriage’s existence and focuses on the equitable distribution of assets and responsibilities. Annulment, on the other hand, seeks to declare the marriage void, often due to fundamental issues present at the time of the marriage.
Individuals considering either option should consult with a qualified family law practitioner to understand the best course of action based on their unique situation.
