- Judicial separation can be sought on any of the six facts used for divorce, and the three-year waiting period does not apply.
- After judicial separation the spouses remain married, cannot remarry and no longer have to live together.
- A void marriage was never valid; a voidable marriage is valid until the court annuls it.
- Voidable marriages generally need to be challenged within three years, with some exceptions.
- Children of an annulled marriage remain legitimate.
Judicial separation
Judicial separation is a court order that the spouses no longer have to live together. It is applied for using any of the same six facts as a divorce, but it can be sought before the third anniversary of the marriage.
The couple stay married, so neither can remarry. The court can still make orders about the children, maintenance and the division of matrimonial assets, much as it would on divorce. One difference: a spouse who is judicially separated cannot claim from the other's estate if that spouse dies without a will. Either spouse can later apply for divorce.
Nullity: void and voidable marriages
A nullity order declares that a marriage is not valid. The law draws a line between two kinds of marriage:
- Void marriages were never valid in law, for example where one party was already married, the parties were under the minimum age or too closely related, or the marriage was not between a man and a woman.
- Voidable marriages are valid until annulled, for example where the marriage has not been consummated because of incapacity or wilful refusal, where a party did not validly consent, or in certain cases of mental disorder or pregnancy by another person at the time of the marriage.
Time limits
A void marriage can be challenged at any time. For a voidable marriage, proceedings generally have to start within three years of the wedding, although exceptions may apply, so check your own case with a lawyer.
What an annulment means in practice
After an annulment, a party's status is single rather than divorced. Children of the marriage remain legitimate, and the court can make orders about their care, maintenance and the division of assets, as on divorce.
Uncontested nullity cases are often completed in roughly four to six months.
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.
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