Annulled Marriage Là Gì

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What Does It Mean to Annul a Marriage?

An annulment is a legal procedure lớn dissolve a marriage và declare it null – that the marriage never occurred in the first place.

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What is the difference between an annulment & a divorce?

Like a divorce, an annulment dissolves your marriage. However, an annulment declares that your marriage never existed at all. This is unlike a divorce which ends a marriage without denying its previous existence.

After a successful annulment, both parties’ marital status will return lớn “single”, unlike in a divorce where parties will be known as “divorcees”.

The facts you have to lớn prove during an annulment & a divorce are completely different. There is only one ground for divorce – the irretrievable breakdown of the marriage, which must be proved using certain facts, such as adultery or separation.

On the other hand, to lớn annul a marriage, you have lớn prove that your marriage is void or voidable. This involves proving facts linked khổng lồ whether the marriage itself was even valid in the first place.

What does it mean by a marriage that is void or voidable?

A void marriage is one that is invalid from the very start of the marriage, even if you decide not to formally annul your marriage. However, your marital status will still be “married” until your marriage is annulled.

Conversely, a voidable marriage is one that is invalid but can continue to lớn exist unless one buổi tiệc nhỏ annuls the marriage. You may, however, need to meet certain other criteria before the court will deem your marriage voidable (see below).

The grounds for a void or voidable marriage are different as well.

For a void marriage, you will need khổng lồ prove that there was an error in fulfilling the requirements for a valid marriage, such as improper solemnisation of marriage or a marriage between close relatives (which is prohibited in Singapore).

For a voidable marriage, you will need khổng lồ prove other grounds. For example, if you are male, your marriage may be voidable if your wife was pregnant by another man when you married her. Another example would be if your marriage was not consummated due lớn the other party’s refusal, or the incapacity of either party.

To find out more about the differences và the grounds you need to lớn prove to lớn annul your marriage, read our article on void & voidable marriages.

The following infographic summarises the different grounds và requirements for void and voidable marriages as well as the process for annulling a marriage in Singapore.


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(Click on the image to tải về it in a new tab). 

Requirements for Annulling Your Marriage in Singapore

Do I have khổng lồ be a Singaporean khổng lồ annul my marriage here? 

You vày not have khổng lồ be a Singaporean lớn annul your void or voidable marriage in Singapore. However, you and your spouse must be living in Singapore when you start your annulment proceedings.

Deadline for applying to lớn annul your marriage

For voidable marriages, you have to apply for an annulment within 3 years of marriage.

This is unless you are alleging that your marriage is voidable on the ground that it has not been consummated due khổng lồ the other party’s refusal, or the incapacity of either các buổi party to do so. Only if you are seeking an annulment for this reason, you may apply for an annulment no matter how long you have been married for.

For void marriages, there is no time limit for when you must apply khổng lồ annul your marriage by.

Evidence proving that your marriage is void or voidable 

In order khổng lồ annul your marriage, you first have khổng lồ produce enough evidence to prove that your marriage is void or voidable.

For example, if you are claiming that your marriage is voidable because your spouse has refused khổng lồ consummate the marriage, but are unable khổng lồ produce enough evidence khổng lồ prove this, the court can refuse to lớn grant an annulment.

That said, for annulment applications on the basis that your marriage is voidable, even if you manage khổng lồ produce enough evidence khổng lồ prove that your marriage is voidable, a court may still refuse lớn annul your marriage if:

You knew that you could annul the marriage, but your behaviour made your spouse believe that you would not bởi so; andGranting the annulment would be unjust to lớn your spouse.

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What is the Process for Annulling a Marriage in Singapore?

Annulment in Singapore is a two-step process.

The first part involves submitting & proving your claims for the ground(s) of annulment, after which you may be granted an Interim Judgment.

The second part involves settling ancillary matters about the division of property và maintenance, after which the court may grant a Judgment of Nullity. Once this Judgment is delivered, your marriage is officially annulled, và your marital status will go back khổng lồ “single”.

To annul your marriage, you will first need to file a writ for annulment of your marriage together with other documents including a:

Statement of claim setting out the ground(s) of annulment you are relying on;Statement of particulars stating the facts to support your ground(s) of annulment;

You may find the forms for the various documents on the Family Justice Courts website under “Divorce”.

It is not compulsory for parents going through an annulment lớn attend the Mandatory Parenting Programme, which is applicable lớn divorcing parents only.

How long will the annulment process take?

If your spouse does not contest your application for annulment, you will be able lớn set a court hearing date for an uncontested annulment afterwards. If the court is convinced by your case, it will grant you an Interim Judgment.

The final Judgment of Nullity can only be granted at least 3 months after an Interim Judgment is granted, và only if your ancillary matters are also settled. Hence, an uncontested annulment may require an estimated 4 to 5 months to be completed.

However, if your spouse contests your petition for annulment, the annulment process may take longer depending on the complexity of your case.

What happens during ancillary proceedings?

After you receive your Interim Judgment, you would now have to go through the ancillary proceedings. This includes matters on the division of matrimonial assets, spousal maintenance and child maintenance, và child custody. Regarding these issues, the courts take into consideration the same factors for an annulment as they would in a divorce.

The division of matrimonial assets relates khổng lồ how you will split the property you and your former spouse used khổng lồ own. This is dependent on a range of factors such as the extent of financial và non-financial contributions you & your spouse have each made towards the matrimonial assets and the family.

Because annulments tend lớn take place within the first 3 years of marriage, you may have to surrender your flat lớn the HDB if you have not fulfilled your flat’s minimum occupation period.

The amounts of spousal maintenancechild maintenance awarded (if any) will depend on a range of factors such as the financial needs of the spouse and children, và the standard of living enjoyed by the spouse and children during the marriage. The standard of living will be determined by factors such as what kind of transport the spouse or children used to travel in, or the quality of food they used to lớn eat.

Child custody relates to who will have the authority to make important decisions regarding the child, such as on matters pertaining to lớn the child’s education, religion and healthcare. Which parent will be granted custody will be decided based on the best interests of the child. The courts generally tend to grant custody lớn both parents (i.e. Joint custody) to lớn encourage them to both play a part in their child’s life.

Once ancillary matters are settled, the court will grant a final Judgment of Nullity & your marriage will officially be nullified.

What will the legitimacy status of my children be if my marriage is annulled?

For a void marriage, any children born during the marriage would still be considered legitimate if the parties had believed that the marriage was valid when they were married.

Children of voidable marriages that are annulled are still considered legitimate children of that marriage.

What if your application to annul your marriage is unsuccessful?

If your application to annul your marriage is unsuccessful, và you and your spouse have been married for less than 3 years, you may consider:

Do You Need a Lawyer to file for an Annulment of Marriage in Singapore?

No, it is possible to file for annulment yourself. However, annulments can be complex & confusing without a lawyer. To tệp tin for annulment, there are many documents you are required khổng lồ draft & submit on time.

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If you are considering an annulment of your marriage và require advice on whether to vày so, you may want lớn approach one of our experienced divorce lawyers for help.