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In Singapore, married couples are not allowed to commence divorce proceedings within the first three years of their marriage. However, there may be exceptional circumstances that allow for the marriage to be dissolved within the three year period. These include being granted a divorce if one party has suffered exceptional depravity or hardship or getting a marriage annulled.
Section 94 of the Women’s Charter (Cap 353) prevents the filing of divorce proceedings until three years have passed since the date of the marriage. However, an exception to the three-year rule may be granted if you can adduce evidence that the marriage has resulted in you having suffered “exceptional hardship” or if your spouse has been “exceptionally depraved”.
Examples of exceptional hardship or depravity may include:
It should be noted that in deciding whether or not to grant an exception to the three-year rule, the Court will consider the interests of any children in your marriage and the probability of a reconciliation between you and your spouse by the expiration of the three years.
If you are still within the first three years of your marriage and would like the marriage dissolved but are unable to prove “exceptional hardship” or “exceptional depravity”, an alternative to getting a divorce could be to getting the marriage annulled. However, it should be noted that a marriage will only be annulled if the marriage is void or voidable by law.
The grounds for a marriage to be void, under section 105 of the Women’s Charter, are:
The grounds for a marriage to be voidable, under section 106 of the Women’s Charter, are:
It should be noted that while marriages that are void will be invalid from the beginning of the marriage, voidable marriages continue to exist until a party to the marriage applies to Court to have the marriage declared void. The Court can refuse to grant the annulment of a voidable marriage for reasons including if the party seeking to annul the marriage fails to prove his/her case or if granting an annulment would be unjust to the other party.
Filing for a divorce or an annulment in Singapore are delicate issues and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, We have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will guide you through the process and explain to you each and every stage of your divorce or separation.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.