Annulment vs Divorce Singapore

Are you curious about annulment vs divorce Singapore? What are the differences between annulment and divorce in Singapore? What are the requirements for annulment and divorce in Singapore?

Annulment vs Divorce Singapore- the Requirements

To get a divorce in Singapore, you have to:

Be married for at least a period of 3 years;
Satisfy the Court that your marriage has irretrievably broken down because of adultery, unreasonable behaviour of your spouse, separation for a period of 4 years, separation for a period of 3 years (with consent) or desertion by your spouse.

Either you or your spouse has to be a Singapore citizen, or has lived in Singapore for a minimum period of 3 years (“the residency requirement”).

In contrast, to get an annulment in Singapore, you do not have to be married for a period of 3 years. Further, you do not have to satisfy the “residency requirement” of being a Singapore citizen or having lived in Singapore for a minimum period of 3 years, so long as at the time of the commencement of annulment, both you and your spouse are “habitual residents” in Singapore.

The reasons for annulment are very different from those of divorce. For instance, your spouse’s adultery, cruelty or unreasonable behaviour do not make you eligible for annulment.

The most common reason for annulment in Singapore is the wilful refusal of your spouse to consummate the marriage. No evidence is needed, so long as both you and your spouse agree to the annulment. Another common reason for annulment is one party’s incapacity to consummate the marriage. In this case, a medical report showing the same is necessary.

Annulment vs Divorce Singapore- the Process

Both parties need not attend Court if you are filing an uncontested divorce. On the other hand, the Plaintiff needs to attend Court for an uncontested annulment.

The uncontested divorce process in Singapore is as follows:

Engage us. We will prepare the draft divorce papers on the spot.
Schedule a signing session. The Commissioner of Oaths will be present to witness the signing of the documents.
We will submit the signed divorce papers to Court and the Court will grant the divorce in the absence of both parties.

The uncontested annulment process in Singapore is as follows:

Engage us. We will prepare the draft annulment papers on the spot.
Schedule a signing session. The Commissioner of Oaths will be present to witness the signing of the documents.
We will submit the signed annulment papers to Court and the Court will schedule a hearing date. The Defendant will not need to attend. Only the Plaintiff (the person filing the annulment) will need to attend the hearing.
The Court will grant the annulment in the presence of the Plaintiff and the Plaintiff’s lawyer.

Annulment vs Divorce Singapore- Time Taken and Aftermath

Both uncontested annulment and uncontested divorce in Singapore take a minimum period of 4 months to complete, barring exceptional reasons.

After the annulment process concludes, you are deemed to have never married and your earlier marriage is marked as “void”. What if you have children from the marriage, or a HDB property from the marriage? The Family Justice Courts will have the power to make decisions on these matters, even if your marriage is deemed to be void. If both parties reach a settlement on these matters, the Court will simply record the agreement in a consent Court order.

On the other hand, after the conclusion of the divorce process, you will be a “divorcee”, whose marriage was valid and broken down.

Do you have more questions on Annulment vs Divorce Singapore? Contact us today!

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