Annulment and Nullity in Singapore

In a previous article, we explained the difference between divorce and annulment. However, this article will go deeper into what a Writ for nullity of marriage refers to.

Firstly, Annulment is the process that completely dissolves a marriage as if it never existed. After the annulment, the parties will obtain their “single” status again.

Writ for nullity of marriage

The Women’s Charter states that any husband or wife may file a writ claiming for a judgment of nullity in respect of his or her marriage on the following grounds:

Grounds of which marriage is void

  • It is not a valid marriage by virtue of Sections 3(4), 5, 9, 10, 11, 12 and 22;

  • Where the marriage was solemnized on or after the date of commencement of section 6 of the Women’s Charter (Amendment) Act 2016, that it is not a valid marriage by virtue of section 11A; or

  • Where the marriage was celebrated outside Singapore, that the marriage is invalid for lack of capacity or by the law of the place in which it was celebrated.

Grounds on which marriage is voidable

  • The marriage has not been consummated owing to the incapacity of either party to consummate it;

  • The marriage has not been consummated owing to the wilful refusal of the defendant to consummate it;

  • That either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, mental disorder or otherwise;

  • That at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment)  Act 2008 of such a kind or to such an extent as to be unfit for marriage;

  • That at the time of the marriage the defendant was suffering from venereal disease in a communicable form;

  • That at the time of the marriage the defendant was pregnant by some person other than the plaintiff

All these grounds are applicable to marriages that take place after 1st June 1981.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu, who has represented numerous clients for annulment, will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

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