Annulment vs. Divorce in Singapore: What’s the Difference and Which is Right for You?
If you're considering ending your marriage in Singapore, you might be wondering whether to pursue an annulment or a divorce. Although both processes result in the end of a marriage, they are fundamentally different in terms of eligibility, legal grounds, and long-term consequences. Understanding the distinctions between annulment and divorce is crucial in deciding which option is right for you.
What is an Annulment?
An annulment declares that a marriage was never legally valid, essentially erasing it from existence in the eyes of the law. This differs from a divorce, which acknowledges that a valid marriage existed but has now come to an end. However, annulment in Singapore is only available within the first three years of marriage. If you have been married for more than three years, you will no longer be eligible to apply for an annulment and will need to file for a divorce instead.
Void Marriages
A void marriage is one that was never legally valid. Common examples include:
Bigamy: One spouse was already married to another person at the time of the marriage.
Prohibited relationships: The couple is closely related by blood.
Underage marriage: One or both spouses were under the legal marriageable age without proper consent.
Voidable Marriages
A voidable marriage can be annulled if certain conditions are met. These conditions include:
Inability to consummate the marriage: If one spouse cannot or refuses to consummate the marriage.
Lack of consent: If one spouse was forced into the marriage or was mentally incapacitated at the time.
Venereal disease: If one spouse had a sexually transmitted infection at the time of the marriage and did not disclose it.
It is important to note that annulments must be filed within three years of the marriage for voidable marriages, so timing is critical.
What is a Divorce?
A divorce dissolves a valid marriage, acknowledging that it existed but has irretrievably broken down. In Singapore, you can file for divorce after at least three years of marriage, although the waiting period may be waived in cases of extreme hardship.
The grounds for proving the irretrievable breakdown of the marriage include:
Adultery
Unreasonable behavior
Desertion for at least two years
Separation for three years with consent, or four years without consent
A divorce does not invalidate the marriage but formally ends it.
Divorce by Mutual Agreement: A New Option in Singapore
As of 2024, Singapore has introduced divorce by mutual agreement as part of the Women's Charter (Amendment) Bill. This allows couples to divorce without proving that one spouse is at fault. Instead, both parties can agree that the marriage has irretrievably broken down due to a mutual decision. This new option allows for a more amicable divorce, reducing the emotional stress associated with proving fault.
Key Features of Divorce by Mutual Agreement:
No need to prove fault: Couples can simply agree that the marriage has broken down without blaming one party.
Mutual consent: Both parties must agree to the terms of the divorce, including child custody, division of assets, and maintenance.
Simplified process: This new option is expected to be less adversarial and can save time and money.
Divorce by mutual agreement is ideal for couples who want to part ways amicably and avoid the lengthy and emotionally charged process of proving fault.
Key Differences Between Annulment and Divorce
Here’s a breakdown of the main differences between annulment and divorce:
Marriage Validity
Annulment: The marriage is treated as if it never existed.
Divorce: Acknowledges that a valid marriage took place but ends it.
Eligibility
Annulment: Must be filed within the first three years of marriage if there are valid grounds (e.g., bigamy, lack of consent, inability to consummate).
Divorce: Requires the couple to be married for at least three years, with limited exceptions.
Grounds
Annulment: Granted on strict legal grounds such as bigamy or inability to consummate the marriage.
Divorce: Based on proving an irretrievable breakdown of the marriage, traditionally through fault-based grounds or, now, by mutual agreement.
Legal Consequences
Annulment: The marriage is void, which may affect the division of assets.
Divorce: Settles issues of child custody, division of assets, and spousal maintenance.
Which Option is Right for You?
Choosing between annulment and divorce depends on your individual situation. You may want to consider an annulment if:
The marriage is legally void or voidable due to issues at the time of the ceremony.
You believe that the marriage should be erased from legal records.
You are within the three-year window for filing an annulment.
Divorce, on the other hand, may be the right choice if:
You have been in a legally valid marriage that has irretrievably broken down.
You meet the three-year marriage requirement or qualify for divorce by mutual agreement, which allows for an amicable split without proving fault.
Final Thoughts
Ending a marriage is never easy, but understanding your options can help you make the best decision for your future. Whether you pursue an annulment or a divorce (including the new divorce by mutual agreement), it’s essential to seek legal advice tailored to your unique situation.
At 21 Chambers, our team of experienced lawyers is here to guide you through both annulments and divorces, ensuring your rights are protected every step of the way. Contact us today for a consultation and personalized advice on the best course of action for your case.
