Main Page WEB HOST Mission Raffles Group Law Practice Contact Web Host   Food for Tort Red Herring 1 Wife & Mother Red Herring 2 Autism Red Herring 3 The Long March BlueWhale GENES & generation SAY HIPPOPOTAMUS     also accessible through singaporelawraffles.com raffleslaw.com All information for general knowledge only Please see your lawyer if you wish to act on them YOU WANT TO NULLIFY YOUR MARRIAGE It is not easy to nullify a marriage. The court has stated that it is contrary to the law and to public policy for parties married to blow hot and cold. They should not be enabled to say (a) we are lawfully married and can have the advantages, like income tax relief, eligibility to purchase a HDB flat; but, (b) as we have not gone through customary rites, we are still not married and can nullify it. To enable them to blow hot and cold will make a mockery of the law and of marriage, the foundation of any civilized society. Marriage status is of great public concern. It is intolerable for the law on marriage to be played with by people who thought fit to go to the Registry and subsequently, after some change of mind, to affirm that it was not a marriage in the full sense because they did not so regard it.

A case where the court refused petition for nullity

A wife petitioned her marriage to be nullified due to non-consummation by the husband. The marriage took place on 9 March 1994 and the petition was presented on 11 August 1994.

The petition was presented in a standard fashion as many such petitions are presented. It said that the parties had agreed not to consummate their marriage until they had gone through a ceremony of marriage according to Chinese customary rights. There were no discussions regarding where they would cohabit and consummate the marriage. After the marriage, the parties lived separately without consummating it. Their relationship deteriorated.

The court dismissed the petition. It decided that the parties were converting a case for divorce into one of nullity as nullity is speedier and carries no stigma.

In an English case, the House of Lords commented that the court must not, especially in a petition for nullity of marriage, act as a rubber stamp and grant the petition. The court must be vigilant to ensure that parties do n ot circumvent the requirements of a petition for divorce and avoid its stigma by filing a "consent" petition for nullity.

The Singapore court is also opposed to the practice of rubber stamping uncontested petitions for nullity. The Court of Appeal has stated that in uncontested matrimonial causes, it is wrong for parties to assume that the courts merely rubber stamp their petitions and grant the decree sought. It must be remembered that even in such proceedings the material allegations must be proved to the satisfaction of the court.

In a petition for nullity, the fact of non-consummation itself is insufficient, there must be willful refusal by the husband and to demonstrate such willfulness the wife must give full particulars to show that there was no fault on her part, she did not cause it and had offered everything required of her.

A case where a petition for nullity succeeds

After the marriage in August 1991, the wife and husband lived separately with their respective parents. The couple purchased a HDB flat and the wife requested the husband on numerous occasions that they move into the flat but he refused to do so. The wife had made no less than six attempts to consummate the marriage but the husband refused to do so.

The wife petitioned to nullify the marriage due to non-consummation and for the flat to be sold and the net proceeds (after repayment to CPF) to be divided equally between them. The court granted a decree of nullity and approved the sale of the flat.

When a decree of nullity is granted, assets acquired during the 'marriage' are treated as matrimonial asset.

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