Learn What A Deed of Separation is in Singapore and How It Affects Your Divorce Settlement
If you are married and have decided to separate, then you need to know what a deed of separation is. A deed of separation is an agreement between two parties who want to separate and live apart. It allows them to divide their assets without going through the stress of a divorce court case. The document has legal binding power in Singapore, so both parties must follow it exactly — otherwise, they could face penalties or even jail time (if they don’t comply with court orders). Below are the frequently asked questions that can guide you if you wish to be separated instead of getting a divorce.
What is a deed of separation?
A deed of separation is a legal document that you and your spouse sign to end your marriage. It is not the same as a divorce, which means that it doesn’t terminate your marriage. Divorce is also sometimes known as dissolution or annulment, while a deed of separation can be used in place of one if you want to separate without ending your marriage.
What are the contents of the agreement?
There are five key points that should be included in your deed of separation:
1. The date and time of your agreement.
2. A statement of the reasons for separation. This should be a simple, one-sentence response to why you want to separate from your spouse.
3. A list of assets and liabilities each party holds (including any debts). This should include both financial and non-financial assets such as cars or household items.
4. Any payments that will be made by either party during the course of the agreement, including child support paid by one parent to another parent if there are children involved in this process.
5. A statement regarding how long this agreement will last — the longer it takes before ending legally, the more expensive it gets!
How to make a deed of separation legally binding in Singapore
A deed of separation, or a “separation agreement,” is a legally binding agreement between spouses that details the terms of their divorce and how to divide their assets. It is important to note that this document cannot be enforced by law unless it has been signed and notarized.
Once you have made your decision on what you wish to include in your deed of separation, you should seek legal advice from an attorney specializing in family law. The lawyer will draft your divorce settlement with the help of both parties’ input and sign it on behalf of both parties. The document must then be notarized before it can be submitted for registration at the Registry of Marriages.
How does a deed of separation affect divorce proceedings in Singapore?
A deed of separation can be used as evidence in divorce proceedings. It is a useful way to prove that the parties have agreed to a separation, and it can also help to prove that they have agreed on the terms of their separation.
In Singapore, deeds are recognised as binding contracts if they are signed by both spouses. Deeds are also considered valid if one spouse signs it but the other spouse does not sign within 2 months after being served with notice of it and has been given an opportunity to do so (this is called “stopping” it).
Who gets custody of the child when the deed of separation is processed?
You may have heard the terms “child custody” or “child support” in the context of a divorce. These are two separate issues that you must deal with as part of your separation and cannot be dealt with by a deed of separation alone.
Child custody refers to who will be responsible for raising your child after the divorce. It’s an issue that arises when one parent wants sole legal and physical custody while the other wants joint legal and physical custody (known as shared parenting). Child support refers to how much money each spouse pays towards their children’s living expenses, including food, clothing and education costs (but not medical costs). If you’re unsure whether these terms apply to your situation or if they are relevant at all, talk with an attorney before proceeding further in your separation agreement process!
Can the Property Rights and Financial Issues with the Deed of Separation be dealt with?
If you have gone through a divorce, you may be wondering what your rights are in regard to the division of property and financial issues during the separation period. Remember, it is better to have the division of matrimonial assets be included in the terms of the deed of separation.
Also, one thing to keep in mind is that a deed of separation is not a binding contract until both parties agree to it. If one party does not consent or sign off on the document, then it will not be valid at all. This can be problematic, especially if one spouse wants to make changes or terminate their marriage while the other doesn’t want anything changed yet but still signs off on something that they don’t agree with later down the road when settlement negotiations start happening more seriously.
So how does the deed of separation affects your divorce settlement?
One should remember that all matrimonial assets be specified in the deed of separation as to who gets what. For example, the house can be sold and have the proceeds split into two, or one can always buy out the share to possess the asset. Having it drafted in the content of the deed protects one from ancillary matters, which would help avoid disputes between spouses and contests in courts.
In a nutshell
If you want to separate from your spouse, then you should seriously consider getting a deed of separation. It can protect your assets and rights even before you get a divorce.
A deed of separation is a legally binding document that allows couples to live apart (separate) for a period of time without separating their assets or rights. The deed can be either voluntary or mandatory, depending on the circumstances surrounding the couple’s separation. A voluntary deed will be signed by both parties at their own free will, whereas an involuntary one is issued by court order when one party petitions for it and proves that there are valid reasons for his/her partner’s request for such action. You can always talk to a divorce lawyer to help you out or you can also try the online DIY for the deed of separation in Singapore.