It is no easy decision to end one’s marriage, no matter how difficult it gets. However, if the need arises, there are two options to do so: divorce or separation. While divorce legally dissolves the marriage, a legal separation is a court order for married couples choosing to live apart. Despite both arrangements having the same benefits, how should one decide which option is best for them? Should the choice be separation, we will discuss how to file for separation in Singapore in this article. 

 

How does separation work in Singapore?

Before discussing the legal process of how separation in Singapore works, it is important to understand what it is first.

 Judicial separation is an official court order that frees couples from all marital obligations allowing both parties to live separately. Separation in Singapore almost has the same benefits as divorce. It is more like a formal arrangement for couples to live apart but remain legally married. With that said, separation is like putting your marriage on hold. It does not permanently terminate as compared to divorce. 

A legal separation agreement divides property and sets an arrangement for raising their children. In addition, it terminates the financial connection one has with their spouse. Because of this, separation does not allow spouses to remarry and requires court approval, plus a legal separation agreement. If the Family Justice grants an order for judiciary separation, couples are free from any marital obligations. This also means that they can live apart from each other permanently.

 

 

How do I file for separation in Singapore?

To be eligible for judicial separation, a couple must have been married for at least three years. Similarly, facts or evidence requires demonstration that their marriage is irretrievable in both separation and divorce proceedings. Submission of proof of the marriage’s breakdown for filing for a divorce can be any of the following grounds: adultery, unreasonable behaviour, or desertion.

Having said that, below are the things you will need:

1. a court approval
2. agreement to divide the property
3. plan for your child/ren.

It is necessary to plan this ahead for the process is similar with divorce. Not to mention the expenses incurred and the time to complete the process. As a result, couples may want to consider a legal separation for both personal and financial reasons. In this section, we will go over the key distinctions between divorce and separation.

Distinction between Separation and DIvorce

Separation

As discussed, separation doesn’t permanently end a marriage. Judicial separation might be a viable option for couples who are unsure about ultimately ending their marriage. This option gives both parties space to figure things out while still protecting each other’s ties (finances, assets, children).

Separation may be the better option as well for religious reasons. Some religions forbid divorce, so the only way for couples to part ways is through a legal separation.  In addition, the spouse may still be eligible for health insurance coverage provided by the other spouse’s job. Only through a divorce, the coverage is nullified. 

Along with this, separation in singapore allows you and your spouse to enjoy some tax benefits by continuing to file taxes jointly. This can also be an option to reap benefits from any Social Security and military benefits from your spouse’s work. However, receiving this kind of assistance merits if married for at least 10 years.

 

 

Divorce

The main distinction between divorce and legal separation is that divorce permanently ends your marriage. Divorce is the best option if a couple is certain that they want to end their marriage. This also entails more overhead expenditures as well as considering time spent in acquiring a divorce settlement.

It is essential to divorce if one wishes to remarry in the future. Furthermore, divorce cuts all ties between couples. This includes the ability to make medical or financial decisions for one another. It sets one from being liable to one another. Being next of kin is no longer an option with this 

After knowing the difference, heeding a lawyer is your next step. Remember, nothing is more important than having a lawyer by your side that provides a suitable option for you.

 

 

What are the rights of the plaintiff when separating from a spouse?

• • 1. Separation

    The spouses have the right to live apart from each other, but the marriage bond remains intact.

 

• • 2. Property Relations

    The absolute community of property (ACP) or the conjugal partnership of gains (CPG), as the case may be, shall be dissolved and liquidated. The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian.

 

• • 3. Custody of Children

    Unless there are compelling reasons, a child under 7 years will stay with the mother. In addition, the innocent spouse will get custody of the minor children.

 

• During the pendency of the action, the custody of children will be governed in either 2 ways:

1. A written agreement

2. A court order

 This is based on the interest of the child. Afterwards, the court will apply the   following order of preference, both parents jointly:

1. Either parent may consider the choice of child over 7 years. A parent’s application for child custody may turn into nullity once deemed unfit.

2. Surviving grandparent (if several, then choice of child over 7 years, unless grandparent chosen is unfit/disqualified).

3. Eldest brother/sister over 21 unless unfit/disqualified, or

4. Any other person deemed suitable by the court.

 

 

• • 4. Support

    During the pendency of the action, child and spousal support will be governed by either written agreement, or in the absence thereof, from the ACP/CPG. After decree, either parent or both may be ordered by the court to give an amount necessary for support in proportion to resources/means of giver and necessities of the recipient. Spousal support is considered as an advance to be deducted from the share of the spouse supported during liquidation. There may be restitution of spousal support if after decree, the court finds thapendente lite is not liable thereafter. Please note that a judgment granting support never becomes final. It may be adjusted or modified according to circumstances and the spouse’s financial capability.

 

• • 5. Succession

    The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.

 

• • 6. Within 5 years from the time the decree of legal separation has become final, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

 

• 7. Please note that in judicial separation of property, the spouses’ mutual obligation to support each other continues. Furthermore, there is no disqualification to inherit, nor revocation of donations or designation as beneficiary in insurance policies, unlike in legal separation.

 

Yeo Law Can Guide You Through Your Separation

Separation equates to a draining emotional process that needs the aid of an adept professional. Guided by Yeo Law’s support, a smooth and easy journey awaits you. Contact us now via our website and we’ll be with you until the end of this undertaking.