Alternatives To Divorce: Separation And Annulment

Navigating divorce proceedings can be emotionally challenging and often involves protracted legal disputes that can strain your finances and contribute to an already stressful situation.

Fortunately, couples can consider alternatives such as separation or an annulment when seeking to end their marriage. Whether your marriage is void or voidable, or if you seek freedom from marital obligations, options such as separation offer a viable solution. Read on to learn more.

What is Separation?

There are several types of separation, namely Judicial Separation and Separation by Agreement (usually done by way of a Deed of Separation).

Judicial Separation – This refers to an official Court Order that releases couples from all marital obligations allowing them to live separately.

Judicial Separation proceedings are similar to divorce proceedings in that a party who commences the proceedings will need to prove that the marriage has broken down irretrievably. If the Court is so satisfied, it will grant an order declaring that the parties are formally separated and do not owe any spousal obligations to one another.

Judicial separation proceedings are rare and typically pursued only where parties do not wish to be formally divorced for personal reasons (e.g. religious prohibitions on divorce).

Upon a grant of Judicial Separation, the Court can make orders on ancillary matters such as financial support, matrimonial asset division and the care arrangements for children.

Deed of Separation – This refers to a written agreement between parties to live separately. Unlike Judicial Separation, no proceedings will have to be commenced in Court until the period of separation is fulfilled.

Once the parties have signed a Deed of Separation, they may freely live apart from each other. After 3 years, the parties may apply for a divorce on the grounds of 3-years separation (with consent) if they wish to do so. During the period of separation, however, the parties remain married.

A Deed of Separation can also contain a mutual agreement between the parties regarding the ancillary matters (such as children’s issues and financial issues) post-divorce – this is strongly encouraged but not technically necessary for the Deed to be valid.

Learn More: Navigating Child Custody and Access Disputes in Singapore

The Difference between Judicial Separation and Deed of Separation

1. A Deed of Separation is necessarily consensual because it must be signed voluntarily by both parties. Judicial Separation proceedings can on the other hand be commenced by a party without having to obtain the other party’s consent, leaving the outcome at the Court’s discretion.
2. The terms of a Deed of Separation are entered into by both parties in a contract and the Court is not involved in the process. The terms of a Judicial Separation are granted by the Court as orders of court.

The Difference between a Divorce and Separation

Separation differs practically from a divorce only insofar as the dissolution of the marriage is concerned.

In divorce proceedings, the marriage is formally dissolved, and the parties are free to remarry after the Final Judgment is extracted. The same is not true of separation, under which the parties will remain married at the conclusion of the separation period and cannot remarry until they get a divorce.

If parties wish to stay together following the separation period, they may do so. However, if they have decided to terminate the marriage, they apply to Court for a divorce.

What is an Annulment?

An annulment (or nullity) is a Court Order which invalidates a marriage. In essence, it has the effect of treating the marriage as if it did not exist in the first place or has become one which is voidable. Practically, this means that parties who have their marriage annulled will have their relationship status be reverted to “single” instead of having it converted to “divorced” following a divorce.

Only parties in void or voidable marriages can elect to annul their marriage. A void marriage is a marriage that is invalid from the beginning due to the lack of fundamental legal requirements or the presence of legal impediments. In contrast, a voidable marriage is an initially valid marriage but has defects that can render it void.

If any of the grounds which render a marriage void or voidable are present, either one of the parties may apply for the marriage to be annulled. The grounds for void / voidable marriage are as follows:

Grounds for Void Marriages: Marriage between Muslims is not registrable under the Women’s Charter; An individual who is married already or to another person in Singapore or elsewhere cannot be married again in Singapore; If either of the parties’ are under 18 years old, the marriage is not valid; If the parties are related by virtue of the First Schedule of the Women’s Charter 1961; Parties of the same sex; and If parties do not fulfil the procedural requirements for a marriage set out in the Women’s Charter 1961.

Grounds for Voidable Marriages: Non-consummation of marriage due to either party’s incapacity; Wilful non-consummation of marriage; No valid consent from either party to the marriage be it through duress, mistake, mental disorder, or otherwise; At the time of the marriage either party, although able to give valid consent, was suffering from a mental disorder of the kind and/or to the extent to be unfit for marriage; At the time of the marriage the Defendant (i.e., the Party who was not the one who commenced the annulment proceedings) was suffering from a communicable venereal disease; and At the time of the marriage, the Defendant was pregnant by some person other than the Plaintiff.

Conclusion

Annulment and separation are both legal procedures that require adherence to certain guidelines, law and processes. Hence, it is recommended that you seek the assistance of a divorce lawyer to navigate them efficiently.

Quahe Woo & Palmer LLC is a multi-disciplinary law practice led by a team of seasoned lawyers specialising in a diverse array of expertise. We are committed to delivering practical and effective legal solutions.

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