Deciding to end or pause a marriage is never easy, and the choice between a Deed of Separation and a divorce can add to the complexity. Both options serve different purposes, and understanding the key differences can help you make the right choice for your situation.
What Is a Deed of Separation?
A Deed of Separation is a legally binding agreement between two spouses that outlines how they will live apart, manage finances, and care for their children during the separation period. While it doesn’t legally end the marriage, it serves as a temporary arrangement where both parties can reflect on their relationship and decide whether to move toward reconciliation or divorce.
The deed can include provisions on property division, child custody, and even spousal maintenance, much like a divorce agreement. However, because the couple is still legally married, they retain the option to get back together if they choose.
What Is a Divorce?
On the other hand, a divorce is the formal and legal end to a marriage. Once a divorce is finalized, the marriage is dissolved, and both parties are free to remarry if they wish. Unlike a Deed of Separation, a divorce is a permanent decision. It involves court proceedings where both parties must demonstrate that the marriage has irretrievably broken down.
In Singapore, this breakdown can be proven through adultery, desertion, unreasonable behavior, or a prolonged separation period. Once the court grants a divorce, any previous agreements or deeds, such as a Deed of Separation, may be used to simplify the divorce proceedings.
Deed of Separation vs. Divorce: Which Should You Choose?
When deciding between the two, it’s important to consider the nature of your relationship and what your goals are. A Deed of Separation is ideal for couples who are uncertain about ending their marriage permanently. It provides a structured way to live separately while leaving the door open for reconciliation. It’s also helpful for those who may not yet meet the legal grounds for divorce in Singapore.
On the other hand, divorce is for those who are certain that the marriage has come to an end. It’s a more definitive and permanent option, with no possibility of reconciliation unless the couple remarries.
Cost Considerations
The cost of a Deed of Separation is generally lower than that of a divorce, especially if the deed is uncontested and both parties agree on the terms. Divorce, involving court proceedings and more complex legal steps, tends to be more expensive.
Conclusion
Both Deed of Separation and divorce have their pros and cons, depending on your circumstances. If you’re not ready for the finality of a divorce, a Deed of Separation offers a flexible alternative that protects your interests while allowing room for reconciliation. If you’ve made up your mind to end the marriage, divorce is the legal route to take. Consult with legal experts like Mohammed Shakirin from ADEL LAW LLC to determine which option best suits your situation.
