Understanding a Deed of Separation: When and Why It's the Right Choice

Pre Divorce Strategy

What is a Deed of Separation?

A deed of separation is a legal document that outlines the terms and conditions agreed upon by a married couple when they decide to live apart.

It serves as a formal agreement between spouses to establish their rights, responsibilities, and financial arrangements during the separation period.

While it does not officially dissolve the marriage, a deed of separation provides a structured framework for couples to navigate their separation, addressing key issues such as child custody, visitation rights, division of assets, and financial support.

The deed of separation is a voluntary agreement that allows couples to define the terms of their separation based on their unique circumstances and needs. It offers a level of flexibility, as the terms can be customized to suit the specific situation.

A Deed of Separation might be suitable in the following situations:

Trial Separation

: Some couples are unsure if they want to get divorced and opt for a trial separation. A deed of separation provides clarity on terms during this period.

Time Requirements for Divorce

: In Singapore, to file for divorce on the grounds of living apart for a continuous period, couples need to demonstrate that they have been separated for at least 3 years (or 4 years if one party does not consent). A Deed of Separation can help in establishing the start date of this separation period.

Clarifying Terms

: The deed provides a structured way for couples to agree on various issues such as finances, property division, child custody, and visitation rights, reducing misunderstandings and potential conflicts.

Protection of Interests

: In case one party accumulates debt during the separation, a Deed of Separation can stipulate that the other party isn’t responsible for it.

Religious or Personal Reasons

: Some couples may choose to separate rather than divorce due to religious beliefs or personal reasons, but still want a formal agreement in place.

Reconciliation

: The couple might hope to reconcile in the future but want clear terms during their separation.

Avoiding Court Intervention

: If couples can amicably agree on the terms of separation, they can avoid court intervention and potential legal battles.

However, it’s crucial to note the following:

A Deed of Separation does not dissolve the marriage. Both parties remain legally married and cannot remarry unless they get a divorce.
It’s advisable to consult with a legal professional before entering into a Deed of Separation to ensure that your interests are protected and that the agreement is legally sound.

What terms should be included in a Deed of Separation?

The terms entered in a deed of separation may vary depending on the unique circumstances and needs of the couple involved. However, some common terms that are typically addressed in a deed of separation include:

Living Arrangements

: Specify how and where each spouse will live during the separation period. This may include details about separate residences or shared living arrangements. Who is going to live in the matrimonial property?

Child Custody and Visitation

: Outline the arrangements for the care, custody, and visitation of any children from the marriage. This includes determining the primary custodial parent, visitation schedules, and decision-making authority. What is the access arrangement to the parent who does not have care and control of the child?

Financial Matters

: Address the division of assets, debts, and financial responsibilities. This includes determining how property, bank accounts, investments, and other assets will be divided or managed during the separation period. It may also involve addressing spousal support or alimony, as well as child support.

Insurance and Health Care

: Determine how health insurance coverage will be handled for both spouses and any dependent children. Specify who will be responsible for providing and maintaining health insurance coverage.

Communication and Dispute Resolution

: Establish guidelines for communication between the parties during the separation period. Consider including a provision for dispute resolution methods, such as mediation, to address any conflicts that may arise.

Termination or Conversion

: Outline the conditions or events that may lead to the termination of the separation agreement or its conversion into a divorce or dissolution of the marriage.

Confidentiality

: Include provisions to maintain the privacy and confidentiality of the agreement and the separation process.

This list is not exhaustive, and you may include any other agreements that you may have.

What is the process for entering into a separation agreement?

The first step to entering into a separation agreement is to determine what you want the agreement to cover and what its terms will be.

It is preferable to be able to agree with your spouse, but if that is not possible, you will need the help of a family lawyer to resolve any issues and to amend or negotiate any details.

Upon completion, the agreement can be signed and witnessed.

There is usually a deadline for a deed of separation, whereby parties will review whether or not to proceed with a divorce at that deadline, or to continue with separation.

Separation agreements can later become consent orders during the divorce process.

How GJC lawyers can help you

Our matrimonial lawyers possess the legal knowledge to ensure that the deed of separation adheres to the relevant laws and regulations. They can guide you through the legal requirements and provide insights into what should be included or excluded in the document.

We can create a comprehensive and customized deed of separation that protects your rights and interests during the separation process. Our assistance can help you navigate the complexities of the legal system and provide peace of mind during this challenging time.

We’re here for you

Your 30-minute free consultation with our family lawyers will include advice on:

Laws applicable to your situation;
Options available if you decide to take matters forward;
Estimated costs involved in your matter.

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Understanding a Deed of Separation: When and Why It’s the Right Choice

What is a Deed of Separation?