Annulment

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Introduction

Marriage is a sacred institution that is supposed to be entered into by two consenting adults who are legally eligible to marry. However, there are situations where a marriage may be entered into under false pretences or where one party may be coerced or forced into the marriage. In such cases, annulment may be an appropriate remedy.

Annulment is a legal process that declares a marriage null and void, effectively erasing the marriage as if it never existed. In Singapore, the legal framework for obtaining an annulment is governed by the Women’s Charter. In this article, we will discuss annulment in Singapore, including the legal framework, the grounds for annulment, the process for obtaining an annulment, and how a Singapore divorce lawyer can assist you in obtaining an annulment.

Legal Framework

The legal framework for obtaining an annulment in Singapore is governed by the Women’s Charter. Under the Women’s Charter, a marriage can be annulled if it is void or voidable. A void marriage is one that is considered invalid from the beginning, while a voidable marriage is one that may be considered valid but can be annulled under certain circumstances.

A void marriage is one that is considered invalid from the start, and as such, it is not recognized by law. For example, if one or both parties are under the age of 18 at the time of marriage, the marriage is considered void. Similarly, if the parties are closely related to each other, the marriage may be void. In Singapore, the law prohibits marriage between certain blood relatives, including siblings, parents, and grandparents. If parties who are closely related to each other marry, the marriage may be considered void.

A voidable marriage, on the other hand, is one that may be considered valid but can be annulled under certain circumstances. The grounds for annulment are set out in the Women’s Charter and include non-consummation, duress, mental incapacity, consanguinity, and bigamy.

Grounds for Annulment

Non-Consummation

If the marriage has not been consummated due to the physical incapacity of one or both spouses, the marriage may be voidable. In cases where the marriage was not consummated due to one party’s physical incapacity, the other party may apply for an annulment.

Alternatively, if both parties are unable to consummate the marriage due to physical incapacity, either party may apply for an annulment.

Non-consummation of marriage can be a sensitive issue, and it may be difficult to prove. In such cases, medical evidence may be required to establish the physical incapacity of one or both parties.

Duress

If one party was forced into the marriage against their will, the marriage may be voidable. Duress can involve threats of physical harm or emotional coercion. If a party can prove that they were forced into the marriage, they may be able to obtain an annulment.

Duress can be difficult to prove, as it often involves a he-said-she-said situation. In such cases, witness statements or evidence of physical harm may be required to establish the claim of duress.

Mental Incapacity

If one party was mentally incapacitated at the time of the marriage, the marriage may be voidable. Mental incapacity can include conditions such as severe mental illness or developmental disabilities. If a party can prove that their mental incapacity prevented them from understanding the nature of the marriage, they may be able to obtain an annulment.
Mental incapacity can be difficult to establish, as it may require medical evidence to prove the claim. In such cases, expert testimony may be required to establish the mental incapacity of one party.

Consanguinity

If the parties are closely related to each other, the marriage may be void. In Singapore, the law prohibits marriage between certain blood relatives, including siblings, parents, and grandparents. If parties who are closely related to each other marry, the marriage may be considered void.

Consanguinity can be established through a simple DNA test or by producing evidence of the blood relationship between the parties.

Bigamy

If one party is already married to someone else, the subsequent marriage may be void. In Singapore, it is illegal to be married to more than one person at the same time. If a party enters into a subsequent marriage while still married to someone else, the second marriage may be considered void.

Bigamy can be established through a simple search of marriage records or by producing evidence of the earlier marriage.

Process for Obtaining an Annulment

The process for obtaining an annulment in Singapore involves several steps, including consulting with a divorce lawyer, filing an application for annulment, attending court hearings, and division of assets.

Consulting with a Divorce Lawyer

If you believe that your marriage may be void or voidable, it’s important to consult with a Singapore divorce lawyer who can advise you on your legal rights and options. An experienced divorce lawyer can help you understand the grounds for annulment and guide you through the legal process.

Filing an Application for Annulment

If you decide to proceed with an annulment, you will need to file an application with the court. You will need to provide evidence to support your grounds for annulment. The application will need to be served on the other party, who will have an opportunity to respond.

Attending Court Hearings

You will need to attend court hearings to make your case for annulment. The court will consider the evidence presented and make a decision on whether to grant the annulment. If the court grants the annulment, it will issue a decree of nullity.

Division of Assets

If the marriage is annulled, the court will need to determine how to divide any assets acquired during the marriage. This may involve a complex analysis of the parties’ financial positions and contributions during the marriage. An experienced divorce lawyer can assist you in determining how to divide any assets acquired during the marriage.

How a Singapore Divorce Lawyer Can Assist You

Going through an annulment can be a complicated and emotional process. It’s important to have an experienced Singapore divorce lawyer who can assist you in navigating the legal system and advocating for your interests. Here are some ways that a divorce lawyer can assist you with an annulment:

Provide Legal Advice

A divorce lawyer can provide you with legal advice on your rights and obligations regarding annulment. They can help you understand the legal process and guide you through each step.

Gather Evidence

Your lawyer can assist you in gathering and presenting evidence to support your grounds for annulment. They can help you understand what evidence is required and how to present it effectively.

Represent You in Court

Your lawyer can represent you in court to advocate for your interests and make your case for annulment. They can present your evidence and argue your case before the court.

Assist with Division of Assets

If the marriage is annulled, your lawyer can assist you in determining how to divide any assets acquired during the marriage. They can help you understand your legal rights and obligations and negotiate a fair division of assets.

Conclusion

Annulment is a legal process that declares a marriage null and void, effectively erasing the marriage as if it never existed. In Singapore, the legal framework for obtaining an annulment is governed by the Women’s Charter. The grounds for annulment include non-consummation, duress, mental incapacity, consanguinity, and bigamy. If you are considering an annulment, it’s important to consult with an experienced Singapore divorce lawyer who can assist you in navigating the legal system and advocating for your interests.

As an experienced divorce lawyer in Singapore, I can provide you with the necessary legal and emotional support to help you through this challenging time. If you’re considering filing for divorce, contact me today for a consultation. Together, we can navigate the divorce process and help you move forward with your life.

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