Deed of Separation Lawyers in Singapore

What Is a Deed of Separation?

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.

What Should Be Covered in a Deed of Separation?

Commonly, the spouses considering separation seek to clarify the following matters as part of their Deed of Separation:

• Residential Arrangements: In the text of the deed, the spouses can agree on where they will live during separation, for example, who will live in the matrimonial home or who stays where if the couple stays in the same home while separated.
• Custody, Care, and Control of the Children: By making the deed of separation, the spouses can reach an agreement on their future roles and responsibilities towards their children once the couple becomes separated.
• Access Rights to Children for the Other Spouse: Drafting a deed of separation helps define access rights to children to the spouse who does not have custody, care, and control.
• Maintenance for Wife and/or Children: The spouses can agree on maintenance for wife and/or children while living separately.
• Division of Matrimonial Assets in Case of Divorce: Entering into the Deed of Separation before the divorce can help achieve an agreement on the division of matrimonial assets, avoid contested divorce, speed up the divorce process and reduce costs.
• Setting a Framework for Divorce: The spouses wishing to separate can also include provisions related to commencing a divorce, including the grounds for initiating divorce proceedings, the timeline, sharing the costs and legal fees, and other aspects.

Deed of Separation vs Divorce

Key Considerations for Deed of Separation

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:

• 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?

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.

Why Choose IRB Law Deed of Separation Lawyers in Singapore?

Recognised Deed of Separation Lawyers

IRB Law is recognised by The Straits Times as one of the leading family law firms in Singapore.

Caring and Compassionate

Our deed of separation lawyers provide competent legal services with compassion and respect to assist you in the challenging time of separation.

End-to-End Legal Solutions

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.