Chapter 3 —NULLITY OF MARRIAGE
104. Any husband or wife may file a writ claiming for a judgment of nullity in respect of his or her marriage.
105. A marriage which takes place after 1st June 1981 shall be void on the following grounds only:
where the marriage was celebrated outside Singapore, that the marriage is invalid —
for lack of capacity; or
by the law of the place in which it was celebrated.
106. A marriage which takes place after 1st June 1981 shall be voidable on the following grounds only:
that the marriage has not been consummated owing to the incapacity of either party to consummate it;
that the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it;
that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, mental disorder or otherwise;
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;
that at the time of the marriage the defendant was suffering from venereal disease in a communicable form;
that at the time of the marriage the defendant was pregnant by some person other than the plaintiff.
—(1) The court shall not, in proceedings instituted after 1st June 1981, grant a judgment of nullity on the ground that a marriage is voidable (whether the marriage took place before or after that date) if the defendant satisfies the court that —
the plaintiff, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the defendant as to lead the defendant reasonably to believe that he would not seek to do so; and
it would be unjust to the defendant to grant the judgment.
(2) Without prejudice to subsection (1), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(c), (d), (e) or (f) unless it is satisfied that proceedings were instituted within 3 years from the date of the marriage.
(3) Without prejudice to subsections (1) and (2), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(e) or (f) unless it is satisfied that the plaintiff was, at the time of the marriage, ignorant of the facts alleged.
108. Where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Singapore, nothing in section 105, 106 or 107 shall —
preclude the determination of the matter as aforesaid; or
require the application to the marriage of the grounds or bars to relief mentioned in those sections except so far as are applicable in accordance with those rules.
—(1) If the court finds that the plaintiff’s case has been proved, it shall grant a judgment of nullity.
(2) A judgment of nullity granted after 1st June 1981 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the judgment has been made final, and the marriage shall, notwithstanding the judgment, be treated as if it had existed up to that time.
—(1) Where a marriage is annulled, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the judgment shall be deemed to be their legitimate child, notwithstanding the annulment.
(2) The child of a void marriage born on or after 2nd May 1975 shall be deemed to be the legitimate child of his parents if, at the date of such void marriage, both or either of the parties reasonably believed that the marriage was valid.