A void marriage:
1. Does not fulfil certain critical requirements for valid marriages. For instance, the marriage is void if the solemnization was not authorized by a valid marriage licence or the solemnization was not carried out by a licensed marriage solemnizer; and/ or
2. Is one in which at least one of the parties does not have the capacity to get married. For instance, the marriage is void if it is between 2 people of the same sex or one of the parties is already married.
Either the husband or the wife may file a writ claiming for a judgment of nullity in respect of his/ her marriage.
Should a judgment of nullity be awarded, the marriage will be deemed null and void from the start and parties are returned to their “Single” status.
Grounds on which marriage is void
1. Both parties were Muslims at the time of the solemnization of the marriage in Singapore.
2. Either party was already married (under any law, religion, custom or usage) at the time of the solemnization of the marriage in Singapore or elsewhere.
3. The minister did not grant a special marriage licence to authorise the solemnization of the marriage, even though at least one of the parties was under the age of 18 at the time of the solemnization of the marriage in Singapore or elsewhere.
4. Husband and wife are too closely related and their relationship is within the prohibited degrees. For instance, siblings should not get married to each other.
5. Parties were of the same sex at the time of the solemnization of the marriage in Singapore or elsewhere.
6. There was no valid marriage licence and/ or the marriage was not solemnized by a licensed official at the time of the solemnization of the marriage in Singapore.
7. The marriage was not solemnized in the presence of at least 2 credible witnesses at the time of the solemnization of the marriage in Singapore.
See: Section 105 of Women’s Charter (Singapore)
Your annulment lawyer can assist by:
1. Advising you on whether your marriage is void and your eligibility to file for annulment in Singapore.
2. Representing you if you decide to file for annulment on the basis that your marriage is void, or defending you if your spouse files for annulment.
3. Ensuring that your interests and concerns are addressed.
4. Drafting and filing the documents required by the Court.
5. 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)
