Annulment Lawyers in Singapore

What is an Annulment in Singapore?

A marriage annulment is a legal process under Singapore law where the court declares that a marriage is either void or voidable under the Women’s Charter. When an annulment is granted, the marriage is treated as though it never legally existed, unlike a divorce, which ends a valid marriage.

Not all marriages qualify for annulment. Whether annulment is available depends on the specific facts of the case, the legal grounds relied upon, and, in some situations, strict time limits. Our lawyers will assess your circumstances carefully and advise whether annulment is the appropriate legal option for you.

Annulment vs Divorce in Singapore

Annulment and divorce are often confused, but they have different legal consequences.

An annulment declares that a marriage was never legally valid from the outset, while a divorce dissolves a valid marriage based on its irretrievable breakdown. Annulment cases typically involve narrower legal grounds and, in some cases, strict filing deadlines.

Our lawyers will explain the differences clearly and advise you honestly on whether annulment or divorce is more suitable for your situation.

What are the Legal Grounds for Annulment in Singapore

To annul a marriage, one party must file proceedings stating that the marriage is either void or voidable under the law.

Void Marriages

A marriage is void under Section 105 of the Women’s Charter if it does not meet the legal requirements to exist in the first place, such as:

• One person is already legally married.
• One party is under 18 and married without the required authorization.
• The parties are too closely related by blood.
• The marriage was not properly solemnised.
• The marriage took place without valid consent (e.g., due to duress, mistake, or a mental disorder).

Voidable Marriages

A marriage may be voidable under Section 106 of the Women’s Charter if there are specific issues within the marriage that allow it to be annulled, such as:

• The marriage was not consummated due to one or both parties’ incapacity or wilful refusal.
• The wife was pregnant by another man at the time of the marriage.

The Annulment Process & Timeline

Our lawyers will guide you through every step of the annulment process. If the matter is uncontested, the annulment process can take about 4 to 5 months, at the end of which you will receive a Certificate of Nullity. We work diligently to make the process as quick and straightforward as possible for you.

What Happens After an Annulment Is Granted?

Once a Certificate of Nullity is issued, both parties are legally regarded as having never been married. Your marital status will revert to single, and you are free to remarry, subject to legal requirements.

Where relevant, the court may still make orders relating to children, maintenance, or property matters. Our lawyers will advise you on any additional steps required following the annulment.

HDB Eligibility and Your HDB Flat After Annulment

One of the most important practical issues in an annulment is what happens to your HDB flat or BTO application.

Because an annulment treats the marriage as legally invalid, it can affect your eligibility to continue holding a flat under Housing & Development Board schemes.

BTO Applications (Before Key Collection)

If you have booked a BTO flat but have not collected the keys, an annulment will usually result in the cancellation of the application.

This typically involves:

• forfeiture of the option fee
• possible additional penalties or temporary debarment from future applications

In limited cases, HDB may consider whether one party can retain the flat independently, but this depends on whether that person meets HDB’s eligibility criteria.

HDB Flats Purchased for the Marriage

If you already own an HDB flat, the position is more complex.

In many annulment cases, the original basis for owning the flat (the “family nucleus”) no longer exists. As a result, HDB may require the flat to be returned to them at a compensation price.

However, this is not automatic. HDB will assess whether either party is eligible to retain the flat under its prevailing schemes. For example:

• a party aged 35 or above may qualify under the Single Singapore Citizen Scheme
• cases involving children may be treated differently

If neither party meets HDB’s eligibility requirements, the flat will generally have to be surrendered.

Minimum Occupation Period (MOP)

If the flat has not met the Minimum Occupation Period (MOP), it generally cannot be sold on the open market.

This restriction applies regardless of whether the marriage ends by divorce or annulment. In such cases, HDB approval is required, and the outcome may include retention by one party or surrender of the flat.

Important Note

HDB policies are strictly applied and outcomes are highly fact-specific. Much depends on your age, citizenship, family structure, and how the flat was originally acquired.

We provide clear, practical advice on your options and guide you on how best to approach HDB in your specific situation.

Fixed Fees

Our fees are fixed, clear, and transparent from the outset. We offer a free initial consultation to help you get started.

Why Choose PKWA Law for Annulment

• A Trusted Choice –  Our family lawyers are consistently recognised as leading Singapore family lawyers by The Straits Times, Benchmark Litigation, Asian Legal Business, and Doyle’s Guide.
• Experienced in Annulment Matters – We regularly advise clients on annulment under Sections 105 and 106 of the Women’s Charter, and have successfully obtained annulments in a range of circumstances.
• Honest Assessment of Your Case – Annulment is not always the right path. The courts apply careful scrutiny to annulment applications, and not every marriage qualifies. We will assess your situation honestly and advise whether annulment, divorce, or another option suits you best.
• Sensitive, Discreet Handling – Annulment matters often involve personal and private circumstances. We handle every case with care, confidentiality, and respect.
• Fixed, Transparent Fees – Our annulment fees are fixed and clearly stated upfront. No hidden charges, no surprises.

Initial Consultation

Contact us today and move forward with clarity and confidence.