- Judicial separation can be sought before three years of marriage; the spouses remain married and cannot remarry.
- The court can still divide assets and make orders for children and maintenance in judicial separation.
- A void marriage was never valid; a voidable marriage is valid until annulled.
- Children of an annulled marriage remain legitimate.
Judicial separation
Judicial separation is a court order that ends the duty to live together without ending the marriage. Some couples choose it for religious, moral or family reasons, and some because they have not yet been married for three years and so cannot file for divorce.
The applicant must show the marriage has broken down irretrievably, using the same facts as for divorce. Unlike divorce, there is no three-year waiting period.
What it does and does not do
After a judgment of judicial separation, the spouses no longer have to live together, but they are still married and neither can remarry. The court has the same powers as in a divorce to divide matrimonial assets and make orders about the children and maintenance.
One consequence to note: if one spouse dies without a will while the judicial separation is in force, the other spouse cannot claim a share of the estate as a surviving spouse. Either spouse can still apply for a divorce later.
Annulment
An annulment, or judgment of nullity, declares that a marriage is not valid. The parties go back to being single, not divorced. There are two kinds of cases.
Void marriages
A void marriage was never valid in law. Examples include where:
- One party was already married to someone else.
- The parties are closely related.
- One party was under 18 and there was no special marriage licence.
- The marriage was not properly solemnised.
Voidable marriages
A voidable marriage is valid until a court annuls it. Grounds include:
- The marriage was not consummated because of incapacity or wilful refusal.
- One party did not validly consent, because of duress, mistake or mental disorder.
- One party had a mental disorder at the time of marriage that made them unfit for marriage.
- One party had a communicable venereal disease at the time of marriage.
- The wife was pregnant by another man at the time of marriage.
Time limits and process
There is no time limit for asking the court to declare a void marriage a nullity. For a voidable marriage, the application generally has to be made within three years of the marriage, although the rules differ between grounds, so take advice early.
The applicant must prove the ground with evidence, and the court looks at the facts closely. The court can also deal with children, maintenance and assets in nullity proceedings. Children born during the marriage remain legitimate. Guides from Singapore firms suggest an uncontested annulment may take about four to six months; a contested one takes longer.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
All divorce & family guides
