Singapore Divorce Law Annulment vs Divorce


An annulment and a divorce are similar concepts with the same effect of bringing a legal end to a marriage. However, there are several key differences between an annulment and a divorce.

Legal Effect:
The key difference between an annulment and a divorce is that an annulment ends a marriage on the basis that the marriage was never effectively entered into in the first place. An annulment makes a marriage “null and void” because the marriage was never properly entered into. In the eyes of the law, the marriage never happened at all.

A divorce brings an end to an existing marriage. Two parties that were married for a period of time are no longer married after the divorce. A divorce does not change the fact that the parties were married at one time. The marriage existed, but it is now over.

Grounds:
An annulment can only be obtained in certain circumstances and the grounds for an annulment are listed in Chapter 3 of the Women’s Charter. Examples of such grounds include where one of the parties in the marriage is already legally married to someone else at the time of the marriage, where one of the parties is below the age of 18, or a marriage is not properly solemnized by a licensed person, witnessed by two or more persons and/or recorded on a marriage license. Each of these situations is considered to be a case where the marriage was not properly brought into effect and thus was null and void from the very beginning.

For more information on the grounds under which an annulment can be obtained see here

For a divorce, the marriage must be ended on the ground that that there was an irretrievable breakdown of the marriage which can manifest in several ways. The possible reasons for divorce are contained in section 95 of the Women’s Charter and include adultery, excessively unreasonable behaviour, desertion and separation. Each of these grounds is considered to be a reason that the law should allow the marriage to come to an end and does not affect the initial existence of the marriage.

For more information on the grounds under which a divorce can be obtained see here
Singapore Divorce Law Annulment vs Divorce Singapore Divorce Law Annulment vs Divorce Reviewed by Divorce Law Singapore on 7/15/2016 Rating: 5

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