Women’s Charter 1961 - Singapore Statutes Online

Originating application for nullity of marriage

104. Any husband or wife may file an originating application for nullity in respect of his or her marriage.

[Act 18 of 2023 wef 15/10/2024]

Grounds on which marriage is void

105. A marriage which takes place after 1 June 1981 is void on the following grounds only:

(a)	that it is not a valid marriage by virtue of sections 3(4), 5, 9, 10, 11, 12 and 13; [Act 3 of 2022 wef 25/09/2023]
(aa)	where the marriage was solemnised on or after 1 October 2016, that it is not a valid marriage by virtue of section 11A. [Act 3 of 2022 wef 30/12/2022]
(b)	[Deleted by Act 3 of 2022 wef 30/12/2022]

Grounds on which marriage is voidable

106. A marriage which takes place after 1 June 1981 is voidable on the following grounds only:

(a)	that the marriage has not been consummated owing to the incapacity of either party to consummate it;
(b)	that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; [Act 18 of 2023 wef 15/10/2024]
(c)	that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, mental disorder or otherwise;
(d)	that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act 2008 of such a kind or to such an extent as to be unfit for marriage;
(e)	that at the time of the marriage the respondent was suffering from venereal disease in a communicable form; [Act 18 of 2023 wef 15/10/2024]
(f)	that at the time of the marriage the respondent was pregnant by some person other than the applicant. [21/2008] [Act 18 of 2023 wef 15/10/2024]

Effect of judgment of nullity in case of voidable marriage

110.—(1) If the court finds that the applicant’s case has been proved, it shall grant a judgment of nullity.

[Act 18 of 2023 wef 15/10/2024]

(2) A judgment of nullity granted after 1 June 1981 on the ground that a marriage is voidable operates to annul the marriage only as respects any time after the judgment has been made final, and the marriage shall, despite the judgment, be treated as if it had existed up to that time.

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