Children of a Void Marriage

A marriage that is not properly entered into can be annulled and is considered void under the law. (For more information on annulment see: http://www.singaporedivorcelawyer.com.sg/annulment/) A void marriage is an attempt by two parties to marry that failed for one of the reasons set out in Chapter… of the Woman’s Charter. Effectively, a void marriage is the legal equivalent of a marriage that never existed at all.

If a marriage is void, what is the effect on the legal status of the children born during the void marriage?

The Woman’s Charter expressly protects the legal status of children born under a void marriage. The Woman’s Charter provides that such a child is entitled to have her relationship with her parents deemed to be legitimate as long as one of the parties to the marriage reasonable believed the marriage was valid. This is set out in s 111(2) of the Woman’s Charter as follows:

• The child of a void marriage born on or after 2nd May 1975 shall be deemed to be a legitimate child of his parents if, at the date of such void marriage, both or either or the parties reasonably believed that the marriage was valid.

Thus, a child born during a void marriage is deemed to be a legitimate child of the two parties as long as one of the parties had a reasonable belief that the marriage was valid.

Why does it matter?

The status of a child as either legitimate or illegitimate is sometimes relevant for the management of a deceased parent’s estate and the child’s entitlement to the assets of the deceased parent. It is thus important for a child born under a void marriage to have his relationship to his parents deemed legitimate because of the attempt to marry and the reasonable belief by one or both that they had.