Deed of Separation
SEPARATION VS DIVORCE
Filing for Separation in Singapore
There may be a time when you do not wish to continue living with your spouse before you decide on a divorce. The main difference between separation and divorce is that a divorce legally terminates the marriage whereas separation may form the basis for invoking the ground for divorce i.e. irretrievable breakdown of the marriage. In Singapore, couple may wish to use the separation as the no-fault basis for divorce and both are willing to wait for the time to pass before commencing a divorce proceeding.
There are a number of compelling reasons why Parties may choose to separate instead of immediately commencing a divorce. These include, but are not limited to: –
- There is no time bar for separation, unlike divorce which require Parties to be married for at least three years (unless leave is granted from the Court) before you are eligible to file for divorce
- It is less acrimonious when Parties subsequently file for divorce on the fact of separation as you are only required to prove the fact of separation without referencing why the marriage broke down due to either Party’s unreasonable behaviour
- Parties or their families have strong cultural or religious beliefs that are strongly against divorce
- Retains the prospects for any reconciliation.
What is a Deed of Separation (DOS)?
The agreement to separate can be reached formally through mutual consent in the form of a Deed of Separation, which sets out the various terms and conditions governing the relationship between Parties during the period of separation. The DOS will also contain terms of the Parties’ agreement on various ancillary matters that would be considered in a divorce, such as custody, care and control of the Children, division of the matrimonial assets, and maintenance for the Children and Wife etc. While the DOS does not have to be filed in Court, it has to be signed, sealed and delivered in order for it to be recognized under Singapore law. For all purposes, a DOS is not a Court Order, and the Court does not play any role in the creation of one. Parties may still reconcile after signing the DOS.
The contents in the DOS is similar if not identical to a divorce agreement or the eventual terms in the divorce court order. Further, while the DOS is reached by mutual consent, it is, however still a contract and the Family Court in Singapore has every right to set aside any terms that it considers unfair or inappropriate or be challenged by either Party.
This is why it is important to have your DOS properly drawn up and written by an experienced family lawyer.
Terms in the Deed
The agreement to separate can be reached formally through mutual consent in the form of a Deed of Separation, which sets out the various terms and conditions governing the relationship between Parties during the period of separation. The DOS will also contain terms of the Parties’ agreement on various ancillary matters that would be considered in a divorce, such as custody, care and control of the Children, division of the matrimonial assets, and maintenance for the Children and Wife etc. While the DOS does not have to be filed in Court, it has to be signed, sealed and delivered in order for it to be recognized under Singapore law. For all purposes, a DOS is not a Court Order, and the Court does not play any role in the creation of one. Parties may still reconcile after signing the DOS.
The contents in the DOS is similar if not identical to a divorce agreement or the eventual terms in the divorce court order. Further, while the DOS is reached by mutual consent, it is, however still a contract and the Family Court in Singapore has every right to set aside any terms that it considers unfair or inappropriate or be challenged by either Party.
This is why it is important to have your DOS properly drawn up and written by an experienced family lawyer.
Sanctioning the Deed
Many people, including lawyers may not know that you may get the agreed terms sanctioned by the Court by formally recording and filing the Court Order in Singapore? The benefits it brings are: –
- The Court is more inclined to uphold the terms in the Order of Court in future proceedings
- During the period of separation, an Order of Court will protect your rights and is more effective in compelling the other Party to obey, such as by filing for an application for contempt of Court against the other Party for ignoring or breaching the terms in the Order of Court.
To apply for an Order of Court, an application to the Family Justice Courts is made by way of filing an Originating Summons. Whatever it may be, a specialist Family Lawyer at Yeo & Associates LLC can provide you with expert advice so that you can make informed decisions and to be availed of the feasibility of your options.
