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NULLITY – WHAT IS A NULLITY OF MARRIAGE?

What is a nullity of marriage?

An Annulment of marriage is different from divorce in that it renders the marriage null and void.

Annulment of marriage could be applied for on the following grounds:

  • The other party is already married at the time of your marriage
  • The other party has refused to consummate the marriage
  • The inability of the other party to consummate the marriage
  • The other party is suffering from any sexually transmitted diseases or infections

What happens to your HDB flat when the marriage is annulled?

If a divorce is due to the non-consummation of marriage, annulment of marriage, or there is a break-up of the Fiancé / Fiancée relationship, neither party is allowed to retain the HDB flat.

Retention of the flat by either party is only allowed with parents who were originally listed in the application to buy the HDB flat. If none of the owners are eligible to retain the flat, the flat may have to be returned to HDB at the prevailing compensation price, subject to HDB's approval.
When you file for annulment, we will submit either an "Agreed Matrimonial Property" Plan or "Standard Query" form to the HDB for an assessment of your eligibility to retain the flat.

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