How to go about annulment process?

icequeen

New member
Anyone know how to start the annulment process? Are lawyer fees very high? My husband is not replying me and i want to start something soon, to free myself. I've already told him that if he does nothing to save our marriage by end of november, I want annulment. Is it possible to do it alone? :(
 

melo

New member
Hi icequeen, you will need both signatures for an annulment, you can get your lawyer to do up the process first but at the end of the day you still need his signature.
 

icequeen

New member
Does anyone know how to do it without lawyer? My husband doesnt care, i gave him chance and chance again to try, to say something, promise something but he says, do what makes you happy. He'll sign because he doesnt care. But what should i do? I don't really want a lawyer as I'll have to pay for it all, i know that.
 

secrets

New member
Yes, you can file an annulment without a lawyer, but I’m not quite familiar how the process goes.

As for me, I can advise you that it can be more advantageous on your part if you work or consult with a lawyer. Your lawyer can help you identify if your case or situation qualifies for an annulment. Most of the time, couples who file an annulment only end up with divorce since they do not meet the criteria for annulment which is set by the law.

About the lawyer fees, I got no idea of the exact amount… Hmm typically it depends upon the complexity of the case. But try to enquire several lawyers first so you’ll have a clearer picture.
 

hippo

New member
Many didn't get approval for annulment as they didnt meet the grounds to do so. The grounds for divorce and the grounds for annulment are different.

Here is the grounds for nullity from AGC statutes:

Grounds on which marriage is voidable
106. A marriage which takes place after 1st June 1981 shall be 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 defendant to consummate it;
(c)
that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, mental disorder or otherwise;
[21/2008 wef 01/03/2010]
(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;
[21/2008 wef 01/03/2010]
(e)
that at the time of the marriage the defendant was suffering from venereal disease in a communicable form;
(f)
that at the time of the marriage the defendant was pregnant by some person other than the plaintiff.


The grounds for nullity of marriage is not that straightforward and it is better that u talk to a lawyer about it. At least u know what choices u have; nullity, judicial separation first or divorce.

The tricky part is if your marriage less than 3 years. Want to file for divorce for marriage less than 3 years is difficult UNLESS u have very very very strong grounds to do so [ie. unusually cruel adultery (normal adultery would not suffice)] as family law requires you to work things out before using divorce as a solution - this wait-out period is 3 years. Usually, for those who can't file for divorce coz marriage less than 3 years, they would file for separation first (3 years if both parties agreeable, 4 years of one party disagree). Require a lawyer to help draft the deed of separation and lawyer would arrange a Commissioner of Oaths to witness.

Divorce process can be as short as 2-3mths (if both parties are not contesting on the grounds of divorce, matrimonial assets, alimony, child maintenance and custody of kids). Divorce process can drag as long as 3-4 years if either parties contest on any of the matters listed above and despite numerous mediation and trials still could not reach an agreement.
 

Anxiousgroom

New member
If you qualify for annulment and it is not contested it can be fast (say 6 mths for everything to be finalised - most of it is waiting don't have to do anything).

As for expensive it depends on the lawyer you use, but I think should be 1-2k maybe. I too would advise just getting a lawyer.If both agree, you only need to engage one set of lawyers for both of you.
 

rosyspencers

New member
Hi @icequeen. Me and my husband are also on the rocks but we're planning to have a marriage counseling soon. Don't you want to consider that too?
 
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