Annulment In Singapore: Key Requirements, Legal Process & Costs Explained
Marriage is supposed to be a life time commitment but in some cases a marriage might not be legally viable in the first place. In this case, couples can seek an annulment in Singapore, which is a legal procedure and declares the marriage void. With annulment, the marriage is considered to have never taken place unlike divorce, which terminates an otherwise sound marriage.
It is significant to learn when annulment can be undertaken and the manner in which this can be done by any person who considers this legal procedure.
What Does Singapore Mean by Annulment?
An annulment is a Singaporean court decision which indicates that a marriage had been invalid or flawed in its inception. The marriage is deemed to be void or voidable when the court annuls.
This is contrary to divorce in Singapore where the marriage is valid, but has been ruined with time. The cases of annulment normally have certain situations that occurred or preceded the marriage ceremony.
Grounds For Annulment
Singapore law does not permit annulment to take place under specific circumstances. The marriage should either be void marriage or voidable marriage.
Common Grounds Include:
One of them was already married to another person.
The couple is very closely related.
One of the spouses was of minority age to marry.
The marriage had not been duly solemnised.
It was impossible for one spouse to consummate the marriage.
The consent was obtained in fraud, mistake or coercion.
Since the law of annulment is very strict, a family lawyer may have to advise before action.
Annulment vs Divorce In Singapore
Most couples do not distinguish between annulment and divorce in Singapore as they are used differently.
Key differences include:
Annulment: Marriage is considered as non-existent.
Divorce: Marriage was good but was dissolved.
Annulment cases: According to the legal flaws during the marriage.
Divorce cases: This is founded on the irreparable breakdown of marriage.
Divorce might be the only legal rule to follow in case the marriage fails to satisfy annulment requirements.
Annulment The Legal Process
Annulment normally consists of a filing of a Writ of Nullity in the Family Justice Courts.
Involving the process usually entails:
Submission of the legal paperwork by a lawyer.
Presenting facts to back up the reasons for annulment.
Court review of the case
Final decision adjudging the annulment or not.
In case the court grants the application, the marriage is declared void.
How Long Does Annulment Take?
The deadline will be based on the case complexity.
Typically:
Cases that are not contested can be resolved in 4 to 6 months.
Disputed cases can be slow based on the hearings in court.
Having an experienced family lawyer can facilitate the process to run smoothly.
Why Legal Advice Matters
The cases of annulment need good legal reasons and pieces of evidence. Consulting professional lawyers can also guide on whether or not one can be annulled or should divorce in Singapore would be a more appropriate legal option.
A lawyer is also able to lead couples through the court process and paper work.
Frequently Asked Questions
How does annulment and divorce differ in Singapore?
A marriage that is not intended to work is declared invalid at the beginning through annulment and a valid marriage that has failed is ended through divorce.
2. In Singapore, what is the duration of application of annulment after marriage?
Some grounds tend to require the filing of applications within three years of the marriage.
3. Is it possible to have an agreement between the two on annulment?
Yes, it is possible to have an uncontested annulment when both husband and wife concur to it and the legal reasons are just.
4. Are annulled marriages considered as divorce?
No. A marriage that is annulled is regarded without an existence.
5. Should you hire an annulment lawyer in Singapore?
Although it is not obligatory in the legal sense, it is beneficial to employ an attorney to make sure that the right legal procedure and paperwork are carried out.
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