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Deed of Separation In Singapore

You may wish to be separated from your spouse for a period of time before you decide on a divorce. If parties wish to separate without filing for a divorce immediately, such an agreement can be reached informally through mutual consent in the form of a Deed of Separation.

A Deed of Separation sets out the terms and conditions governing the relationship between husband and wife during the period of separation. Being a private document and agreement between parties, it is not lodged with the Court and is thus not public knowledge.

Parties may through this Deed mutually agree on an arrangement for the custody care and control of the children, maintenance issues (spouse and children) and division of matrimonial assets. It is essential that parties have legal advice before they obtain a Deed of Separation and a solicitor must be present when they sign the agreement.

As it is not a legally binding document, to obtain the Deed of Separation, it does not need to be registered with a government department or filed in court. It may also be revoked at any time with the agreement of the parties. Mutual consent is a prerequisite for revoking the Deed.

At any time, either party can apply to have any of the terms set aside by the Family Court. Although the parties may have mutually agreed to the terms in the Deed, the Family Court may set aside terms that it deems to be unfair or improper. However, if the parties have got the Deed of Separation sanctioned by the Court then the Family Court may not set aside terms.

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