What are my options if my marriage is not void/ voidable and I am not able to file for annulment?
1. You may file for divorce in Singapore if:
a. You have been married for at least 3 years; and
b. At least one of you is a Singapore citizen/ been a resident in Singapore for at least 3 years immediately before filing for divorce.
See: Sections 93 to 94 of Women’s Charter (Singapore)
2. If you do not fulfil the requirements to file for divorce in Singapore, your options are as follows:
a. The Court may allow you to file for divorce within the first 3 years of the marriage if you have suffered “exceptional hardship” or if the case is one of “exceptional depravity” on the part of your spouse. You would need to make an application for leave (permission) from the Court to file for divorce within the first 3 years of marriage. Should leave (permission) be granted, you can proceed to file for divorce in Singapore and the usual procedures apply.
b. Enter into a deed of separation with your spouse in the meantime and file for divorce once your marriage reaches the 3-year mark.
c. If you and/ or your child require maintenance (alimony) from your spouse, you may wish to apply for an interim order of maintenance. You may also wish to make an application for interim custody of your child in the meantime.
Your divorce/ annulment lawyer can assist by:
1. Advising you on your options.
2. Representing you if you decide to file for divorce/ annulment or make an interim maintenance/ custody application.
3. Defending you if your spouse files for divorce/ annulment or makes an interim maintenance/ custody application.
4. Ensuring that your interests and concerns are addressed.
5. Drafting and filing the documents required by the Court.
6. Representing you in negotiations with the other party, mediation sessions and in Court.
You may also be interested to read more about:
2. Annulment (Nullity) of Marriage
5. Maintenance Issues (Alimony)
