When you and your spouse consider living separate lives, a Deed of Separation can help bring clarity to your relationship while you are still married and set a path to an amicable divorce. IRB Law deed of separation lawyers in Singapore assist spouses in drafting legally sound and enforceable deeds of separation that reflect their best interests and protect their rights as they begin living apart.
A deed of separation is a private, voluntary agreement between the spouses who decide to separate either without or before filing for divorce. While the deed of separation isn’t a court document and does not commence the divorce, it helps spouses define the rules related to finances, property, and child сustody when they start living separate lives.
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.
Commonly, the spouses considering separation seek to clarify the following matters as part of their Deed of Separation:
| Deed of Separation | Divorce |
|---|---|
| A deed of separation is a private document made between the spouses | A Certificate of Divorce is issued by the court after the divorce |
| Signing a deed of separation does not start or result in divorce | A Certificate of Divorce ends the marriage |
| After a deed of separation, the spouses remain legally married | After a divorce, the ex-spouses change their legal status to divorcees |
| Entering into a deed of separation does not allow the spouses to remarry another person | The divorced spouses can remarry another person |
| A deed of separation can be made at any moment without an obligatory waiting time | You need to wait at least 3 years from the date of solemnisation to file for divorce, with only a few exceptions |
| Drafting the deed of separation does not require any grounds except the agreement by both spouses | The primary grounds for divorce are the irretrievable breakdown of the marriage |
Spouses can consider separation without or before divorce for multiple reasons, depending on their individual situation. Some spouses may not have made a final decision about divorce yet, but would prefer to live separately and seek a written agreement to set rules for living apart. Other couples may wish to use the deed of separation to agree upon ancillary matters, such as division of property, maintenance and child custody, before divorce to avoid contested proceedings.
Most often, other common considerations for making a deed of separation also include:
While a deed of separation is a private document between the spouses, it’s essential to consult an experienced family lawyer to ensure that it meets all legal requirements and is fully enforceable. Also, the deed of separation can only provide clarity and help manage the rights and obligations of the spouses if it is professionally drafted to accurately reflect their exact intentions.
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.
IRB Law is recognised by The Straits Times as one of the leading family law firms in Singapore.
Our deed of separation lawyers provide competent legal services with compassion and respect to assist you in the challenging time of separation.
As a full-service law firm, we offer end-to-end solutions to all your legal needs, including mediation, annulments, protecting your parental rights, and divorce.
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We hired IRB to draft an agreement and handle a commercial dispute. IRB proved to be efficient, fast and responsive, including replies over the weekend and public holidays. Comparatively, our legal opponent's lawyers were slow and often cut off work at 5 pm, despite the fact that the settlement negotiation proposed by their client had a short deadline - they also claimed to be Straits Times Singapore's Best Law Firms. We had used other lawyers and notaries in the past, including hiring a well-advertised law firm to handle a fraud case, but it turned out to be disappointing because they gave poor advice and were expensive. Overall, IRB proved to be outstanding in giving speedy, concise advice and was cost-effective. Thanking Baiross, Crystal and team!
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Deed of Separation
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We have strong expertise in preparing clear, fair Deeds of Separation tailored to your needs and long-term interests.
We offer practical, constructive advice that reduces conflict and helps both parties reach workable, respectful arrangements.
We provide clear, competitive pricing with no hidden charges, giving you confidence and certainty from the start.
Mohamed Baiross is the managing partner of IRB Law and one of the nation's leading lawyers in multiple practice areas, including civil, corporate, and commercial law. With over three decades of experience as a business lawyer, Mohamed Baiross has built a renowned corporate law firm in Singapore, providing expert legal services to global corporations and local businesses.
Kulvinder Kaur is a prominent commercial and corporate lawyer and an expert in litigation matters. Kaur is well-known in all courts of Singapore for strong legal representation in the most complex cases across multiple practice areas.
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.
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.
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.