Picture this scenario: you’ve recently tied the knot, only to discover that things are not unfolding as anticipated. Is it necessary to wait for such a long duration before concluding it? It’s possible that you don’t need it.
In Singapore, couples usually have to wait for a period of three years from the date of marriage before they are eligible to initiate the divorce process. Nevertheless, if your situation meets specific criteria, you have the option to pursue an annulment promptly, bypassing the lengthy waiting period.
These are some of the typical factors that may make you eligible for an annulment:
The marriage has not been consummated because one of you is unable to do so. There has been a deliberate refusal by one party to consummate the marriage. One of you did not fully consent to the marriage—perhaps due to pressure, a mental condition, or some misunderstanding. A mental disorder was present in one party at the time of marriage, making them unfit for marriage. The other party had a communicable venereal disease at the time of marriage. The other party was pregnant by someone else when the marriage occurred.
If you and your spouse are in agreement on one of these grounds, the annulment process can be straightforward and surprisingly quick.
However, in the event that your spouse challenges the annulment, it is crucial for you to be well-prepared with substantial evidence to substantiate your case. Every ground for annulment necessitates specific evidence, and a competent lawyer can provide you with the necessary guidance.
Based on our experience, a frequent cause for annulment is when one party claims that the other has intentionally avoided consummating the marriage, despite their attempts.
After an annulment is granted (including the 3-month period following the court’s approval), the marriage is considered null and void. After a divorce, your marital status changes to “single” instead of “divorced.”
The entire process of annulment, from hiring a lawyer to obtaining the annulment, typically takes around 4 to 6 months.
Documents Required for Filing an Annulment
There are several important documents that need to be filed in order to secure an annulment:
- Nullity decree
- Formal document for nullity claim
- Document of details
- Confirmation of receipt
- Legal documents: Affidavit of evidence in chief and Memorandum of appearance (for the defendant)
- Request for scheduling a meeting (attendance required for both parties)
- Requesting the establishment of the action for trial
- Order of consent draft
Both parties will be required to file these documents and appear in open court before a judge. The judge will then ask questions as part of the annulment process.
Considering the intricacy of the documents and the importance of the court appearance, it is advisable to seek the assistance of a professional lawyer, even if the annulment is uncontested. This will help ensure a smooth process.
If you’re thinking about getting an annulment and require additional information or guidance, please feel free to reach out to us. We are here to assist you in making the process as simple and easy as possible.