Do I Still Need to Divorce If I Entered Into a Sham Marriage in Singapore?
Some marriages are entered into without the parties intending to live together as a genuine married couple.
For example, a person may have entered into a marriage primarily to assist another person with immigration or residency matters. Years later, the parties may have completely lost contact, and one party may assume that because the marriage was never a “real” relationship, there is no need to obtain a divorce.
That assumption can create serious problems.
The fact that you regard your marriage as a sham marriage does not necessarily mean that you can simply treat yourself as unmarried.
If a legally recognised marriage was solemnised and remains legally subsisting, you should obtain legal advice on whether the marriage must be terminated by divorce or whether another legal remedy is available.
What Is a Sham Marriage?
The term “sham marriage” is commonly used to describe a marriage entered into for a purpose other than establishing a genuine marital relationship.
One situation may involve a marriage entered into primarily for immigration-related purposes.
For example, the parties may:
marry without intending to establish a genuine marital life together;
have little or no relationship after the marriage;
cease communicating shortly after the marriage; or
lose contact completely after one party obtains the immigration-related benefit sought.
However, describing a marriage as a “sham marriage” does not by itself determine the marriage's legal status.
Is a Sham Marriage Automatically Invalid?
You should not assume so.
There is an important distinction between saying that a marriage was not genuine in a practical sense and establishing that the marriage is legally void or capable of being annulled.
The legal consequences depend on the circumstances in which the marriage was entered into and the applicable statutory requirements.
Accordingly, a person should not simply decide for himself or herself that:
“It was only a sham marriage, so legally I am single.”
You may still be legally married unless and until the marriage is legally terminated or a Court determines otherwise.
Do I Still Need to Get a Divorce?
Yes.
If the marriage is legally subsisting and there is no applicable basis upon which it can be treated as void or annulled, divorce proceedings may be required to terminate it.
This can come as a surprise to someone who has not seen his or her spouse for many years.
From that person's perspective, there may never have been a genuine marriage. Legally, however, the marital status cannot simply be ignored.
What If We Never Lived Together?
The fact that you never lived together does not, by itself, mean that no marriage exists.
Similarly, the following circumstances do not automatically mean that you can simply disregard the marriage:
you never purchased a home together;
you never had children;
you maintained separate finances;
you never consummated the marriage;
your spouse left shortly after the wedding;
you have been separated for many years; or
you no longer know where your spouse is.
Some of these circumstances may be relevant to determining the appropriate legal route, but legal advice should be obtained on the specific facts.
Could I Apply for an Annulment Instead?
Possibly, but an annulment is not available merely because the parties call their marriage a sham marriage.
An annulment and a divorce are legally different.
A divorce terminates a legally recognised marriage. An annulment involves specific legal grounds upon which a marriage may be void or voidable.
Whether annulment is available therefore depends upon the circumstances of the marriage and whether the applicable legal requirements are satisfied.
For example, the fact that the parties never consummated their marriage may be legally relevant in certain circumstances, but it does not follow that every unconsummated marriage can automatically be annulled.
What If My Sham Marriage Was for Immigration Purposes?
This is particularly important.
Singapore law contains specific offences relating to marriages of convenience in the immigration context.
Accordingly, if your marriage was entered into for immigration purposes, you should tell your lawyer the true circumstances from the outset.
Do not attempt to create an alternative history of the relationship merely to obtain a divorce.
Your lawyer needs to understand what actually happened in order to advise you properly on:
your present marital status;
the appropriate matrimonial proceedings;
potential immigration or other legal implications; and
how the relevant facts should properly be presented to the Court.
What If My Sham Spouse Has Disappeared?
This creates a second issue: service.
Suppose, for example, that you entered into a marriage many years ago, never genuinely lived together, and have since completely lost contact with your spouse.
Even if divorce is the appropriate route, the originating court documents would ordinarily have to be served on the other party.
If your spouse cannot be found, you may need to consider whether an application for substituted service or dispensation of service is appropriate.
The Court may want to know what attempts have been made to locate the spouse before making the relevant order.
Why Should I Regularise My Marital Status?
Leaving an old marriage unresolved can create significant complications later.
For example, your marital status may become relevant when:
you wish to marry another person;
you purchase or deal with property especially where HDB flats are involved;
matrimonial assets become an issue;
inheritance or estate issues arise;
you make certain legal or financial arrangements; or
official records require your correct marital status.
Most importantly, you should not attempt to remarry while an existing marriage remains legally subsisting.
What If the Marriage Happened Many Years Ago?
The first step is usually to establish the relevant facts and documentation.
You should provide your lawyer with information such as:
the date and place of marriage;
your marriage certificate, if available;
why the marriage was entered into;
whether you ever lived together;
whether the marriage was consummated;
whether there are children;
whether there are matrimonial assets;
when you last communicated with your spouse;
your spouse's last known address;
your spouse's last known telephone number and email address; and
what attempts have been made to locate your spouse.
Your lawyer can then advise you on the appropriate way to regularise your marital status.
See our article on What Happens If My Spouse Is Missing? Can I Still Get a Divorce in Singapore?
Should I Tell My Divorce Lawyer It Was a Sham Marriage?
Yes.
You should provide your lawyer with complete and accurate instructions, even if you are concerned that the circumstances surrounding the marriage may be embarrassing or legally problematic.
The advice you receive can only be as accurate as the information provided to your lawyer.
Your lawyer can then assess whether divorce, annulment or some other legal course should be considered and advise you separately on any potential consequences arising from the circumstances in which the marriage was entered into.
Conclusion
A marriage does not simply disappear because the parties never had a genuine relationship.
If you participated in a marriage which you consider to have been a sham or marriage of convenience, do not assume that you are legally unmarried.
The appropriate legal solution depends on the circumstances. Divorce may be required, annulment may need to be considered, and where the marriage involved immigration purposes, there may be separate legal implications requiring careful advice.
If the other party has also disappeared or cannot be contacted, additional steps may be necessary to deal with service of the matrimonial proceedings.
The safest course is to establish your present legal marital status and obtain advice on the correct procedure to bring the matter to an end.
At 21 Chambers LLC, our family lawyers are experienced in handling divorce matters involving missing or uncontactable spouses, substituted and dispensation of service, annulments, and other unusual or complex marital circumstances. If you are unsure about your marital status or how to proceed with a divorce, contact us to arrange a consultation and we can advise you on the appropriate next steps for your circumstances.