The main difference is the legal basis on which the marriage is brought to an end. A divorce ends a legally valid marriage. An annulment, on the other hand, concerns a marriage that is legally void or voidable.
Importantly, annulment does not automatically mean that the marriage is treated as though it never existed. For a voidable marriage, the Women’s Charter provides that the marriage is treated as having existed until the judgment of nullity becomes final.
This is why the circumstances of the marriage need to be considered before determining whether annulment or divorce is the appropriate legal process.
What’s the Legal Difference between Annulment and divorce?
The main difference between the two is that a divorce terminates a legally valid marriage and an annulment declares marriage legally null and void or invalid.
Therefore, if you are weighing the two options, you would need to understand the legal difference between them.
Depending on your reasons, ensure you decide on the choices carefully in assessing which would be better suited for your circumstances.
It is essential to note that you and your partner need to understand the processes before a decision is made. However, if both parties do not agree, either party can choose a family lawyer to initiate a divorce or an annulment.
What Is an Annulment?
An annulment is a court process concerning whether a marriage is void or voidable under Singapore law.
A void marriage is one that does not satisfy the legal requirements for a valid marriage. Examples can include circumstances where one party was already married to someone else, the parties were too closely related to legally marry, or certain statutory requirements for a valid marriage were not satisfied.
A voidable marriage is legally valid unless and until the court grants a judgment of nullity. Under the Women’s Charter, the grounds include:
- incapacity to consummate the marriage;
- wilful refusal to consummate the marriage;
- lack of valid consent, including because of duress, mistake or mental disorder;
- certain mental disorders existing at the time of marriage that rendered a party unfit for marriage;
- the respondent having a communicable venereal disease at the time of marriage; or
- the respondent being pregnant by another person at the time of marriage.
Read more: Annulment of Marriage in Singapore (Flowchart)
What is a divorce?
A divorce legally ends a valid marriage.
Under the Women’s Charter, divorce may be granted where the marriage has irretrievably broken down and the applicable legal requirements are satisfied. Divorce is therefore fundamentally different from annulment: the validity of the marriage itself is not being challenged.
There is also generally a restriction on filing for divorce during the first three years of marriage, unless permission from the court is obtained. This restriction does not mean that a person married for less than three years automatically qualifies for an annulment. There must still be a recognised legal ground for nullity.
Read more: 7 Things you Need to Know about Commencing your Divorce in Singapore
Unsure Whether Annulment or Divorce Applies to You?
The choice between annulment and divorce in Singapore is not simply a matter of preference. Whether an annulment is available depends on whether your circumstances fall within one of the recognised legal grounds, while divorce has its own legal requirements.
At Gloria James-Civetta & Co, our family lawyers can assess your circumstances and explain which legal options may be available to you.
Gloria James-Civetta, Head of Family Law, has approximately 30 years of experience in family and matrimonial matters.
If you are uncertain whether your circumstances may support an annulment or divorce, arrange a Strategic Divorce Consultation with our family law team to discuss your circumstances, the available options and your next steps.
We’re here for you
At Gloria James-Civetta & Co, we aim to find a solution that will work for you and your family. Our matrimonial law team will provide a consultation tailored to your circumstances and needs.
