Annulment vs Divorce Singapore- what are the differences between the 2? Click here for a detailed explanation on the differences between annulment and divorce Singapore.
Common reasons for annulment in Singapore
One of the most common grounds for annulment in Singapore is one party’s wilful refusal to consummate the marriage. Another common ground is one party’s incapacity to consummate the marriage.
Case study: Incapacity to consummate the marriage
Nong Nat, 31, is a former porn star. She married Harold Nesland, 72, an American millionaire and quit the porn industry.
Nat was arrested after she was identified in pornography films in 2003 in Thailand, where adult movies are illegal. She later met and fell in love with Harold. The couple married in 2012.
Recently she filed her divorce and announced her plans to get a boob job to return to the porn industry. Nat had previously complained about never having sex with Nesland due to concerns that he might have a heart attack.
If the couple were in Singapore, they could possibly have gotten an annulment based on Nesland’s physical incapacity to consummate the marriage. A medical report would have been helpful in such a case.
See: Nelson Groom, “Thai porn star, 31, who married elderly American millionaire after turning to Buddhism gets a divorce and plans boob job to make a career comeback”, Daily Mail Australia, 8 March 2017
Annulment vs Divorce Singapore- The differences are huge.
Firstly, it is possible to get an annulment in Singapore within the first 3 years of marriage. On the other hand, you need to be married for at least 3 years to get divorced in Singapore.
Secondly, at least one of you need to be a Singapore citizen/ have lived in Singapore for last 3 years before you can file for divorce. For annulment, it is sufficient if both of you are residents in Singapore at the time of the commencement of the annulment proceedings.
Thirdly, if you were to file for divorce, you would be a divorcee after the divorce. For annulment, you will return to being a single, since the marriage would be deemed to have never taken place.
Fourthly, to file for a divorce, the applicable reasons are (1) unreasonable behaviour, (2) adultery, (3) separation and (4) desertion. At least one of the reasons have to be used. On the other hand, the most common reasons used for annulment are (1) one party’s wilful refusal to consummate and (2) one party’s incapacity to consummate.
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2. Annulment (Nullity) of Marriage
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