If you’re contemplating a separation from your spouse in Singapore, it may be worth considering a Deed of Separation. This document can be extremely helpful when you find yourself in a situation where divorce is not yet on the table, but you still need to make significant choices regarding matters such as child custody and asset division.
Understanding the Concept of a Deed of Separation
A deed of separation is a formal agreement between two individuals that outlines the arrangements for their lives while they are living apart. It addresses all aspects, including the living arrangements for the children and the equitable distribution of assets. What’s even better? It’s a confidential document, only accessible to you, your spouse, and possibly your lawyers.
When might a deed of separation come in handy?
You may be questioning the necessity of a deed of separation. Although not mandatory prior to filing for divorce, it can prove to be highly advantageous in various scenarios:
Preventing a Contested Divorce: To avoid the financial and emotional toll of a contested divorce, consider utilizing a Deed of Separation to navigate the process more smoothly.
Staying Married for Now: Perhaps you have personal or religious reasons for not being ready to divorce, or maybe you just need more time. With this deed, you can maintain a separate living arrangement while still being recognized as legally married.
Taking Your Children into Account: If you have young children, it may be beneficial to postpone the divorce while still establishing clear guidelines for co-parenting during the separation.
Eligibility for Divorce in Singapore: In Singapore, there is a requirement that you must meet before filing for divorce if your marriage has been less than three years. A Deed of Separation can be a useful tool for managing the separation process.
Establishing a Timeline: At times, there may be an anticipation of an impending divorce, yet one might not be prepared to initiate the proceedings. You can use a Deed of Separation to establish a specific date in the future for initiating divorce proceedings.
Important Points to Include
An expertly composed Deed of Separation should address all the crucial matters that may potentially result in conflicts in the future. Here are some important points that should be included:
Child Custody: Determine the best custody arrangements, whether it’s sole or joint custody.Outline the living arrangements for the children and determine who will be responsible for making daily decisions.Establish terms for the involvement of the non-custodial parent, including visits and communication.
Division of Assets: Determine the allocation of property and finances, including the family home and joint accounts.Establish clear guidelines for financial support, taking into account the contributions and lifestyle of both spouses throughout the marriage, to ensure fair spousal and child maintenance.
Ensuring that the terms are equitable and accurately represent the life you and your spouse have constructed is crucial, particularly when children are part of the equation.
Key Factors to Keep in Mind
Separation and divorce may seem similar, but they have distinct differences. Living apart while still legally married is what a deed of separation entails. If you choose to end your marriage at a later time, it will be necessary for you to submit a separate application to the Family Justice Courts.
Additionally, it’s important to keep in mind that a deed of separation is not permanent. If a spouse believes that the terms are unjust or that they were coerced into signing, they have the option to request the court to invalidate the deed. It is crucial to have the guidance of a lawyer during the process to ensure that the deed accurately represents your interests.
Conclusion
If you’re considering living apart from your spouse, a deed of separation can be a valuable tool, even though it’s not legally required. It can be beneficial to establish a foundation for a more amicable separation, should that be the path you ultimately choose. Considering the importance of this document, it is highly recommended to consult with an experienced divorce lawyer to ensure that all aspects are handled with utmost care and expertise.
