Singapore Divorce FAQ

Singapore Divorce FAQ

Singapore Divorce FAQ on issues relating to Singapore Divorce by Loh Eben Ong LLP, Singapore Divorce Lawyers. This Singapore Divorce FAQ explore issues relating to divorce proceedings, nuptial agreements, ancillary matters, separation and children of the marriage. Singapore Divorce FAQ

Singapore Divorce FAQ

c Expand All C Collapse All
c Expand All C Collapse All

Nullity (4)

A spouse can file for a judgment of nullity in respect of his or her marriage (section 104, Women’s Charter). A marriage may be held void or voidable.

A marriage is void where:

  • Either party is below the age of 18.
  • The parties are within prohibited degrees of relationship as set out in the Women’s Charter, and have not obtained a special statutory marriage licence to wed.
  • Either party has committed bigamy.
  • The parties are not respectively male and female.
  • The marriage is not formally solemnised.

A marriage can be held voidable on the grounds of:

  • Non-consummation owing to the incapacity of either party to consummate it or wilful refusal of the defendant to consummate it.
  • Either party not validly consenting to the marriage, whether as a consequence of duress, mistake, unsoundness of mind or otherwise.
  • Either party, although capable of giving a valid consent, suffering (whether continuously or intermittently) from a mental disorder so as to be unfit for marriage.
  • The defendant suffering from venereal disease in a communicable form.
  • The defendant being pregnant by some person other than the claimant.

A claim that a marriage is voidable can be defeated if it can be shown that the claimant, knowing that it was open to him to have the marriage avoided, so conducted himself to lead the other spouse reasonably to believe that he would not seek to do so. Claims for nullity (on the second to fifth grounds above) must be made within three years from the date of marriage.

Categories: Divorce, Nullity

Notwithstanding the annulment, as at the date of the decree, the child shall be deemed to be their legitimate child (if the child would have been the legitimate child of the parties to the marriage if it had been dissolved (by way of divorce) instead of being annulled.

Categories: Divorce, Nullity

A decree of Nullity shall operate to annul the marriage with respect to any time after the decree has been made absolute (i.e. final). Notwithstanding the decree, the marriage is treated as if it had existed up to that time.

Categories: Divorce, Nullity
  • If the Plaintiff knew of the circumstances whereby he or she could have avoided the marriage but conduct himself or herself such as to lead the Respondent reasonably to believe that the Plaintiff would not seek to do so; and that it would be unjust to the Defendant to grant the decree.

  • For the Application based on the ground of mental illness, lack of consent, pregnancy and venereal disease, the Application must be instituted within 3 years of marriage

Categories: Divorce, Nullity
c Expand All C Collapse All
c Expand All C Collapse All
c Expand All C Collapse All
c Expand All C Collapse All
c Expand All C Collapse All
c Expand All C Collapse All
c Expand All C Collapse All
Singapore Divorce FAQ

Loh Eben Ong LLP Location

Loh Eben Ong LLP Location – CBD Middle Road/Bugis, Singapore

How to Get Here

  • Bugis (EW12) – Exit A
  • Bras Basah (Circle Line)
  • Bencoolen (Downtown Line) – Exit A

Singapore MRT Map

  • SBS 2, 12, 32, 51, 63, 80, 124, 142, 145, 166, 174, 174E, 197
  • SMRT – 61, 851, 960, 980, NR7

Bus and MRT Calculator & Map

Download and print our Location Map

SG Lawyers Mobile App

SG Lawyers App Google SG Lawyers Apple