Common misconceptions on divorce, annulment and separation demystified
Lawyer-mediator RAJAN CHETTIAR demystifies common misconceptions on the various legal options available when ending a marriage.
The number three seems to play a significant role in family law. To be eligible to file for divorce, a couple must be married for at least three years. If you’re a foreigner, you must have lived in Singapore for three continuous years before you’re eligible to file for divorce here. If you’ve left the country at any point in the three years, you’ll be disqualified. Many couples today still try to file for divorce before their third year of marriage. To gain permission to file for a divorce in the first three years of marriage, you must prove exceptional hardship. If one party is medically certified to be suffering mentally from being in the marriage, the court is usually lenient and a quick divorce may be granted. However, most clients are unable to obtain such evidence.
Another option is to file for annulment, provided you didn’t celebrate a customary wedding such as a church service or other religious ceremony. In this case, you will be asked to show evidence that you refused to undergo a customary ceremony. However, if you and your spouse didn’t intend on a customary marriage celebration in the first place, you can’t use this as grounds to annul the marriage. Annulment can also be exercised if one party refuses to consummate the marriage. This will have to be backed up by medical evidence to prove non-consummation.
Another ground for divorce is separation. The minimum separation period in Singapore is three continuous years. Many are under the misconception that you must physically live away from each other during this separation period. In fact, you can live under the same roof with your estranged spouse as long as you occupy separate bedrooms and live completely separate lives.
Separation and divorce are often misinterpreted. Separation is not an order granted by the Family Court. Divorce is. You don’t have to sign a Deed of Separation before filing for divorce. After fulfilling the required separation period, a marriage is not immediately terminated although you can now file for divorce based on the fact of separation. Don’t backdate the period of separation. It’s in your best interest and legally required to complete the three continuous years of separation before deciding to officially file for divorce.
Separation and divorce are often misinterpreted. Separation is not an order granted by the Family Court. Divorce is. You don’t have to sign a Deed of Separation before filing for divorce. After fulfilling the required separation period, a marriage is not immediately terminated although you can now file for divorce based on the fact of separation. Don’t backdate the period of separation. It’s in your best interest and legally required to complete the three continuous years of separation before deciding to officially file for divorce.
Rajan Chettiar
Commissioner For Oaths, Mediator LLB (Honours), Barrister-at-law (Middle Temple), UK
