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Annulment: Deed of Separation

What is a Deed of Separation?

It is a legal document/agreement entered between a married couple that states the terms and conditions concerning the divorce and the ancillary issues associated with and arising from the marriage. These include issues of child custody, care and control and access, spousal maintenance and child support and division of matrimonial assets.

It should be noted that both parties are still considered legally married despite the Deed of Separation. A divorce is necessary for either party to remarry. However, a Deed of Separation is useful as a precursor to divorce as it prepares both parties for the reality of divorce.

A Deed is recognised internationally and can be used when proceeding with the official divorce.

What must the Deed of Separation state?

There are two main categories of clauses in a separation agreement.

The first category comprises of terms concerning the separation itself. This includes the date when the parties separated, the agreement that both parties will live separately from one another and their living arrangements.

The second category consists of terms on the financial arrangements between spouses as well as other terms. They have to be mutually agreed upon. An example would be the maintenance terms regarding the children’s living arrangements.

It should be noted that a Deed of Separation can only be invoked with both spouses’ consent, and need not be registered with any government department or court.

However, the Family Court can set aside terms of the Deed that it considers to be unfair or improper.

For more information, please visit http://www.singaporedivorcelawyer.com.sg/considering-a-deed-of-separation/.

READ MORE:  Annulment: Issues Relating to Child Custody

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