A deed of separation, or separation deed as it is also known, is a legal document between two married partners stating their decision to live separately. This gives partners time to seriously consider if they want a divorce or if they can work towards a reconciliation. Sometimes it is the initial stage in seeking a divorce.
Grounds for divorce in Singapore are very specific. If your spouse has committed adultery or other unreasonable behavior you can file for a writ of divorce. If these grounds have not been meant then you may need to file for a Deed of Separation.
A separation of three years or more is considered grounds for a divorce in Singapore.
To be valid deed of separation must state the date the parties are separated. This document can be used later if divorce proceedings are filed to bear the proof of the three year separation requirement.
What information can be found in the deed
The deed should state the agreement between the parties regarding child custody. This could mean joint or sole custody of minor children. In Singapore joint custody is the usual practice with the mother given care and control over the children. This also includes visitation rights and access rights such as visits by telephone or Skype conversations.
Maintenance payments to provide for the children should also be stated including possible costs for education. This can include future university payments.
It also should include division of property and assets between the spouses. This should include any matrimonial assets that were purchased during the marriage in both parties names.
Payment for the deed of separation is made by the spouse who files the deed and it is recognized internationally.
Let us handle your separation
Filing for a deed of separation is big decision. You may be unsure of how to proceed or even unclear as to whether you should file for a writ of divorce or a deed of separation. Many people choose to seek the advice of a lawyer who is experienced in the legal processes in Singapore.
If you would like help in handling the legal aspects of your separation; please feel free to contact us and set up an appointment time in our office. We can explain the various options available to you and how they are processed. If you decide to work with us we can guide you step by step through a legal separation and what you’ll need to know if you choose to eventually file for divorce.
Ending a marriage is an emotionally exhausting situation. You may need experience and objective advice to help you get through the maze of options and legal requirements necessary. You also need to know that you and your children are protected and provided for in the future.
Seeking professional counsel is the best way to assure you get through this hard time with as little damage to you and your children as possible. The outcome of your separation and divorce will affect your financial stability for many years to come.