Falling out of love can be a far more painful thing than trying to fall in love. Sometimes, you may need to spend some time apart from your spouse to decide whether the relationship is worth salvaging, or whether you should make the split a permanent one.
Troubling as this time may be, you should take stock of the situation and see how you would want to handle your separation in the best possible manner.
In this article, we will tell you what a Deed of Separation is in Singapore, and how such a deed can help you provide a measure of guidance in what may be a very turbulent period in your life. It will cover:
How separation is different from divorce
What is a Deed of Separation in Singapore?
In which situations might you want to separate instead of divorce in Singapore?
Cost of drafting a Deed of Separation
Whether the Deed of Separation must be registered with the court to be enforceable?
What should parties do after signing the deed?
Whether a Deed of Separation can be set aside or varied
How the Deed of Separation can be used to file for divorce later on
What you can do if the Deed of Separation has been breached
How is Separation Different from Divorce in Singapore?
Before diving into what a Deed of Separation does, a clarification of the terminology should be made. Specifically, you should first be aware that there is a difference between the terms “separation” and “divorce” in Singapore.
When you are divorced, this means that your marriage has come to an end. In other words, you are at liberty to look for another partner, and can even marry that person. In a separation, however, the marriage legally still subsists, but it may be heading toward the stage of divorce. You can thus think of separation as a precursor to divorce.
Apart from this definition, there are other differences between separation and divorce.
Under the Women’s Charter, certain requirements have to be met before you can file for divorce. For example, you must be able to prove irretrievable breakdown of the marriage and must have generally been married for at least 3 years.
However, and unlike in divorce, there are no formal requirements for getting separated. Nor do you need to wait for any period of time before you can initiate a separation.
So as long as you feel that you would like to separate from your spouse, and your spouse likewise feels the same way, you are free to do so.
What is a Deed of Separation?
A Deed of Separation is a legally binding written document signed by a married couple that sets out their agreement to live apart. It is also known as a separation deed.
The Deed of Separation will normally contain terms such as:
Residential arrangements for spouses if they will no longer live together;
Who will have custody and care and control of the children during the time of separation, and in divorce (should you decide to permanently split from your spouse);
How the spouse without care and control of the children will have access to them;
Whether there should be any maintenance provided by one spouse to the other spouse and his/her children;
How the matrimonial assets between the spouses should be divided (for example, who will get to keep the car, monies in a joint bank account and so on);
The contents of a Deed of Separation are quite similar to the judgment orders usually made during the ancillary hearing stage of divorce proceedings. However, unlike a judgment order, which can be unilaterally decided by a judge after hearing the parties’ submissions, you get to negotiate with your spouse on the terms that should be included in the Deed of Separation before it is signed.
In Which Situations Might You Want to Separate Instead of Divorce in Singapore?
Since separation can be a precursor to filing for divorce, there are some scenarios in which it may be more advantageous for you to separate as opposed to initiating a divorce proceeding. Some of them include:
If you have not crossed the threshold time to commence divorce proceedings yet. Since Singapore law dictates that you must have generally been married for at least 3 years before you can file for divorce, divorce may not be a suitable option for those who have been married for less than 3 years;
If you want to give yourself more time to decide whether you want to salvage or dissolve the marriage;
If you do not want to divorce immediately because it may affect your young children;
If you or your spouse comes from a strong religious background where divorce is frowned upon;
If you have not fulfilled the Minimum Occupancy Period (MOP) to sell your HDB flat. If you divorce from your spouse during the MOP, you will be required to surrender your flat to HDB at the prevailing market prices. Thus, if you want to retain your HDB flat during this time, you may be better off entering into a Deed of Separation with your spouse;
If you wish to settle all ancillary matters with your spouse as amicably as possible. When you commence fresh divorce proceedings, many of the ancillary matters, such as custody of children or division of matrimonial assets, could be contested by your spouse and this could lead to long and protracted legal proceedings. However, if you had already taken the efforts to enter into a consensual agreement with your spouse on how to handle such matters through your Deed of Separation, and your spouse is amicable to such an arrangement, you may avoid such protracted proceedings entirely.
In Which Situations May You Want to Sign a Deed of Separation Instead of Separating Through Other Ways?
