
Irreconcilable differences and challenges in a marriage are difficult to resolve. And if you find that toiling through it is unreasonable, it is possible to break free from the unhealthy relationship. In cases like this, the first solution that comes to mind is divorce. But did you know that there are alternative methods to split up with your partner? For those who are eligible, annulment is another route to consider. Read on to learn more.
Learn More: The Emotional Impact of Divorce: Coping Strategies and Support
Understanding The Difference Between Annulment and Divorce
What is Annulment?
An annulment in Singapore is a legal process that nullifies a marriage, effectively treating it as though it never took place. It allows both individuals to remarry as if the union never existed. Annulment can be considered if these requirements are met:
- Non-consummation of the marriage due to one spouse’s inability or deliberate refusal.
- One of the spouses was already legally married at the time of the marriage.
- The wife was pregnant with another man’s child at the time of the marriage.
- The marriage was entered into without proper consent from one of the parties.
- The marriage involved individuals of the same gender or closely related family members.
- A Muslim marriage registered under civil law rather than Syariah law.
- Either spouse had a communicable venereal disease at the time of the marriage.
Annulment Process
Step 1: File a Writ for Nullity with evidence supporting the grounds for annulment at the Family Justice Courts. We recommend collaborating with a divorce lawyer to work out the details and documentation you need to provide.
Step 2: If the annulment is uncontested and parties can successfully prove that the marriage is void or voidable, and if all ancillary matters regarding children and assets have been addressed, the court will grant a Judgement of Nullity.
An annulment can be denied even if sufficient evidence is presented. The court may refuse the annulment if it finds it unjust to either spouse or if one party was aware that the marriage was void or voidable at the time of the union. If your annulment is unsuccessful, you have the option to live separately and file for divorce after three years, or apply for an early divorce by proving exceptional hardship or depravity.
Void vs voidable marriages
A void marriage is invalid from the outset, often due to reasons like bigamy or marrying a close relative. According to section 105 of the Women’s Charter, these marriages are automatically considered null and do not require an annulment to be legally recognised as non-existent.
A voidable marriage is initially considered valid but can be annulled if certain conditions are met. These include the marriage not being consummated due to one partner’s refusal or inability.
If you’re considering annulment vs divorce, here are some important factors to keep in mind.
Uncontested Annulment
When both parties mutually agree on the grounds for annulment without disputes, the process generally takes around four to six months to complete. During this time, the court will review the submitted evidence and, if the grounds are deemed valid, the annulment will be granted.
Contested Annulment
If one spouse disputes the grounds or other issues, the annulment process becomes more complex, prolonging the duration to several months or even years. This is because the court must examine all legal arguments, review additional evidence, and address any disagreements between the parties.
Factors Affecting the Timeframe:
Disputes: The more disagreements between the parties, the longer it takes to resolve the annulment.
Evidence: Complex cases requiring extensive documentation or legal proof may lengthen the process.
Court Availability: The court’s schedule and caseload may influence the time taken to finalise an annulment.
Regardless of your preference, filing an annulment or divorce is a personal decision best made by both you and your spouse. It is important to work things out privately and consult with a divorce lawyer to efficiently navigate the processes for an amicable and fair outcome.
If you’re looking for a divorce lawyer, the team of experienced professionals at Family Law Specialists are here to guide you through how to divorce or annul your marriage. Get your free consultation with us today by dropping us a message.