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Key Considerations & Lawyer Guidance
What Is a Deed of Separation?
As an official document, the deed of separation needs to be properly executed in written form and signed by both spouses. Similar to a settlement agreement, the rights and obligations defined by a deed of separation can be enforced in court.
Key Considerations for Deed of Separation
Most often, other common considerations for making a deed of separation also include:
- Setting separation rules for spouses married less than 3 years: By entering into a deed of separation, the spouses can start separate lives without having to wait three years after solemnisation to become eligible for divorce.
- Establishing a proof of separation for future divorce: Spouses can use the deed of separation as documentary evidence of living separately to facilitate future divorce proceedings.
- Keeping the marriage legally valid while living separately: Some couples prefer separation to divorce for other reasons, for example, during their Minimum Occupancy Period (MOP) to keep their HDB flat.
- Facilitating reconciliation: The spouses may choose to terminate the deed at any time to reconcile if they no longer wish to remain separated.
- Offering flexibility in defining the terms of separation: A deed of separation is a private agreement that can be tailored to the couple’s unique circumstances and dynamics without court intervention.
Why Hire a Deed of Separation Lawyer?
Importantly, each spouse should consult an independent deed of separation lawyer before signing to ensure they fully understand their rights. Having independent legal advice can also safeguard against the court setting the deed of separation aside on the grounds that it created an unfair disadvantage for one of the spouses.
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With over 70 years of collective family law expertise across our team, we offer strategic guidance on the most complex cases, covering divorce, custody and maintenance matters, division of matrimonial assets, annulments, deed of separation, as well as mediation and settlement support.
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FAQs
Do I need a deed of separation?
What is the cost of drafting a deed of separation?
The cost of drafting a deed of separation depends on how complex your legal situation is and the scope of assets and properties involved. At IRB Law, we offer clear, transparent fees for drafting a deed of separation in Singapore. Please don’t hesitate to contact our deed of separation lawyers for a free consultation and a quote.
Do I need to register a deed of separation?
Do I need to live in another residence after a deed of separation?
Can I remarry after a deed of separation?
What to do if my spouse breaks the deed of separation?
Can the court waive the deed of separation?
For example, if one of the spouses was pressured into signing a deed of separation, did not have independent advice before signing, or did not receive full disclosure of financial assets and essential details, the court can hold the deed as unconscionable.
What is the difference between a deed of separation and judicial separation?
The process to apply for judicial separation is similar to that of divorce, except that you and your spouse remain legally married. Since it can take almost as much time and effort to apply for judicial separation as to apply for divorce, some spouses may consider a deed of separation as a preferred alternative to judicial separation and file for divorce at a later stage.
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General Disclaimer
Please note that timelines vary based on court schedules and the complexity of each case. While emergency filings may be submitted, acceptance is subject to judicial discretion and is not guaranteed.. The outcome of each case depends on each case’s circumstances.