WHAT IS AN ANNULMENT AND HOW DOES IT AFFECT MY HDB FLAT?

DISSIPATION OF MATRIMONIAL ASSETS

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.

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What is a nullity of marriage under Singapore law?

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

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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, your divorce lawyer 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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ABOUT PKWA LAW

At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore divorce lawyers by respected independent legal publications such as Asian Legal Business, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers.

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Keen to discuss more? Please contact us at tel 6854-5336 for a free consultation.

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