Under Singapore law, separation occurs when parties to a marriage live separate lives and no longer present themselves as husband and wife. Despite living apart, they remain legally married, and all the legal obligations associated with marriage still apply. In such cases, a deed of separation can be a useful agreement to define and manage each party’s rights and responsibilities within the marriage.
A deed of separation outlines various aspects of the separation and can cover matters such as:
It’s important to note that a deed of separation is not a court document and cannot be filed in court. Signing a deed of separation does not automatically result in a divorce in the future. However, there are several practical reasons why a couple may choose to have a deed of separation.
While a deed of separation can provide clarity and manage the rights and obligations of parties during separation, it’s essential to consult with an experienced family lawyer to ensure that the deed meets the specific needs of both parties and complies with legal requirements.
The court recognizes the importance of parties reaching amicable agreements and documenting their separation arrangements through a deed of separation. Sometimes, because a deed of separation is not well drafted, or properly executed, it may be rendered unenforceable by the Court. Even in those instances, whilst the deed itself may not be legally binding, it carries weight in court proceedings and can influence the judges on decisions related to divorce, child custody, and financial matters.
However, it is important to note that there are circumstances in which a deed of separation may be set aside or rendered unenforceable by the court. These include:
The following is an example of a case in which the Court set aside a deed of separation on the ground that it was unconscionable.
In conclusion, a deed of separation is a valuable tool for managing rights and obligations during a period of separation in Singapore. It addresses various aspects of the separation, including child custody, financial support, asset division, and the possibility of a future divorce. Seeking professional legal advice and drafting a comprehensive and legally sound deed of separation can provide clarity and protect the interests of both parties involved.
Our team of experienced lawyers has successfully handled numerous deed of separation cases, providing our clients with sound legal advice and representation. We understand the nuances of Singaporean family law and will guide you through the intricacies of the process. Our goal is to secure a fair and equitable resolution, ensuring your financial well-being and the stability of your family.
The Straits Times, in collaboration with Statista, has recognized I.R.B Law as one of the leading family law firms in Singapore. This honor mirrors our unwavering commitment to legal excellence and our ability to deliver exceptional legal services tailored to our client’s unique needs.
Trust in our dedicated team’s ability to guide you through this complex process with competence, compassion, and respect. Our team’s dedication, coupled with our experience in dealing with diverse and complex cases, makes us your ideal ally in seeking a successful resolution to your legal process in Singapore.
Deed of Separation
Starts at S$ 600
(No house, No children).
Contact us for a free initial consultation.
Call us: +65 9614 5747
WhatsApp: +65 9614 5747
Cherie’s primary focus is on matrimonial matters where her empathy, sensitivity and patience has won her many cases involving divorce, maintenance and custody. She speaks English, Mandarin and Hokkien.
Caryn graduated from the University of Bristol (UK) with a Bachelor of Laws (Honours) Degree in 2016. Caryn was subsequently admitted to the roll of Advocate and Solicitors of the Supreme Court of Singapore in 2018.
Kulvinder’s practice focuses on civil and commercial litigation, and matrimonial affairs. She has successfully obtained sole custody and highly favorable access arrangements for her clients (both mothers and fathers).
Izyan is a senior associate of the firm. She advises on civil litigation, family law, Syariah law, estate law, criminal defence, insolvency and restructuring, debt recovery and employment matters.
Chia Ming Yun graduated from the University of Western Australia in 2016 with a double degree in Bachelor of Laws and Bachelor of Commerce. With her accounting background, she is meticulous and analytical.
Welcome to our article on Divorce in Singapore. If you prefer to listen, we have an introduction to the topic…
You just got married and it isn’t working out - must you wait three years before ending it? No, you…
A divorce is never easy but can become even more complicated if it becomes a contested divorce proceeding. In many…