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Old 28-07-2005, 10:03 AM
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Re: All you need to know about "Marriage/Divorce" under the SG Law

Aside from getting divorced, how can I get out of a marriage?

You may apply for your marriage to be declared a "nullity", rather than for a divorce. Alternatively, you may apply for judicial separation.


What is "nullity" and when can I apply to declare my marriage a nullity?


When the court makes an order for nullity, it is declaring that the marriage is invalid. You can only apply for your marriage to be declared a nullity in the following circumstances:

(a) You have not had sexual relations with your spouse after marriage because either you or your spouse is physically not capable of having sex, and this physical incapacity cannot be medically treated.

(b) You and your spouse have not had sexual relations after marriage because your spouse has wilfully (i.e. intentionally) refused to have sex with you without a valid reason.

(c) That you or your spouse did not validly consent to the marriage (for example, because of mental illness, mistake, or duress. (Duress is when a person is in fear caused by the threat of immediate danger, such as being beaten up, if he/she does not agree to the marriage)).

(d) You or your spouse was suffering from mental illness at the time of the marriage, such that you/your spouse were/was unfit for marriage

(e) Your spouse had a communicable venereal disease at the time of your marriage and you did not know this at that time

(f) Your spouse was pregnant with someone else's child at the time of your marriage and you did not know this at that time.
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