If your marriage has broken down within the first three years, you may have heard that you cannot divorce yet. That is generally true, but it is not the whole picture. Depending on your circumstances, you may be able to apply for an annulment, ask the Court for permission to file for divorce early, or put arrangements in place until you can. This guide explains how annulment differs from divorce, and which options may be open to you.
Quick answer:
A divorce ends a valid marriage. An annulment is granted where the marriage was void from the start, or is voidable because of a defect recognised by law. You generally cannot file for divorce within three years of marriage without the Court’s permission, but this three-year rule does not apply to annulment.
What Is the Difference Between Annulment and Divorce?
What it does
Annulment: Declares the marriage void, or annuls a voidable marriage
Divorce: Ends a valid marriageMinimum period of marriage
Annulment: None, although some grounds must be raised within three years of the marriage
Divorce: Generally three years, unless the Court gives permissionWhat must be shown
Annulment: A specific ground set out in the Women’s Charter 1961
Divorce: Irretrievable breakdown, shown through one of six recognised factsAncillary matters
Annulment: The Court can deal with the division of matrimonial assets, maintenance and arrangements for the children
Divorce: The Court can deal with the division of matrimonial assets, maintenance and arrangements for the children
Key point: Annulment is not an alternative route for any marriage that has broken down. It is only available where one of the specific grounds below applies.
What Are the Grounds for Annulment in Singapore?
The Women’s Charter 1961 sets out two types of marriage that can be annulled: void marriages and voidable marriages.
Void marriages
A void marriage was never valid in law. Common grounds include:
An existing marriage
Either party was already married to someone else at the time.Underage marriage
Either party was below 18 and the marriage took place without a special marriage licence.Close relatives
The parties are within the prohibited degrees of relationship.Formal requirements not met
The marriage was not validly solemnised.
Voidable marriages
A voidable marriage is valid until the Court annuls it. The grounds include:
Non-consummation
The marriage has not been consummated because of either party’s incapacity, or the other party’s wilful refusal.No valid consent
Either party did not validly consent to the marriage, for example because of duress, mistake or unsoundness of mind.Mental disorder
Either party was suffering from a mental disorder that made them unfit for marriage.Venereal disease
At the time of the marriage, the other party had a venereal disease in a communicable form.Pregnancy by another person
At the time of the marriage, the other party was pregnant by someone else.
Key point: Time limits and other bars apply to voidable marriages. For most grounds other than non-consummation, proceedings must generally be started within three years of the marriage, so it is worth getting advice early.
Can You Divorce Within 3 Years of Marriage in Singapore?
Generally not. A divorce application cannot be filed within three years of the marriage unless the Court first gives permission. Permission is only given where the applicant has suffered exceptional hardship, or the other spouse has shown exceptional depravity, which is a high threshold.
Even where permission is given, the marriage must still be shown to have broken down irretrievably through one of the recognised facts. The three-year rule also applies to divorce by mutual agreement.
What Are Your Options Before the Three-Year Mark?
If annulment does not apply and you do not have grounds to file early, these options may help in the meantime.
Judicial separation
The Court can grant a judgment of judicial separation, which means you are no longer obliged to live together, without ending the marriage. The three-year rule does not apply, and the Court can still deal with the ancillary matters.A deed of separation
A written agreement setting out how you will live apart and arrange your finances and the children’s care. Read more about a deed of separation.Filing once three years have passed
From the three-year mark, you can file for divorce on any of the recognised facts. Our guide to how to file for divorce in Singapore explains each step.Protection from family violence
If you are experiencing family violence, seek help promptly. Protection orders are available however long you have been married.
Annulment or Divorce: Which Is Right for You?
The right option depends on whether a ground for annulment applies, how long you have been married, and what you need to resolve now, such as where you will live, maintenance or the care of the children. Some people also have personal or religious reasons for preferring annulment over divorce.
As the grounds and time limits are specific, it is worth speaking to a lawyer before you decide. For an overview of the divorce process itself, see our guide to uncontested divorce in Singapore and our Divorce page.
Annulment vs Divorce: Frequently Asked Questions
Q: What is the difference between annulment and divorce in Singapore? A: A divorce ends a valid marriage on the ground that it has broken down irretrievably. An annulment is granted where the marriage was void from the start, or is voidable because of a defect recognised by the Women’s Charter 1961.
Q: Can I get an annulment after one year of marriage? A: Yes, if one of the grounds applies. There is no minimum period of marriage for an annulment, although proceedings on most voidable grounds must generally be started within three years of the marriage.
Q: Can I divorce before three years of marriage in Singapore? A: Only with the Court’s permission, which is given in cases of exceptional hardship suffered by the applicant or exceptional depravity by the other spouse.
Q: Can the Court divide our assets after an annulment? A: Yes. When granting an annulment, the Court can make orders on the division of matrimonial assets, maintenance and the arrangements for the children.
Q: Is judicial separation the same as divorce? A: No. Judicial separation means the spouses no longer have to live together, but they remain married and cannot remarry.
Speak to a Family Lawyer About Annulment or Divorce
Whether you are considering an annulment, a divorce or a separation, the first step is understanding which options are open to you. Our family law team can advise you on your circumstances and prepare the papers with you.
Contact us to arrange a confidential consultation with our family law team.
