Exploring Separation as an Alternative to Divorce

Separation Agreements: Understanding Your Options

Separation vs. Divorce: Choosing the Right Path

An In-depth Look At Our Separation Service

Disputes Surrounding Wills

Under section 101 of the Women’s Charter 1961, parties may file an application to the court for judicial separation. The process of filing for and obtaining an order of judicial separation is similar to that of divorce. As is the case with divorce, an application for judicial separation can generally only be filed 3 years after the date of the marriage. The parties must cite any of the following six facts in the separation application:

  • Where a party has committed adultery;
  • Where a party has behaved in such a manner that their partner cannot reasonably be expected to live with them;
  • Desertion for 2 or more years;
  • Separation for 3 or more years with both parties’ consent;
  • Separation for 4 or more years; or
  • Mutual agreement between the parties.
Along with an Order for Judicial Separation, the court also has the power to make orders in relation to ancillary matters such as childcare arrangements and financial arrangements.

Signing a Deed of Separation

A Deed of Separation is a legally binding document that sets out the terms of separation and the responsibilities of each party during the period of separation. It is recognised by the court; however, if a dispute arises and the Deed of Separation is taken to the court, the court will interpret and enforce it as per the general rules of contract law. This means that the Court may not enforce the Deed of Separation if it was entered into as a result of misrepresentation, undue influence or other grounds that render a contract void or voidable.

Under certain circumstances, it may be more appropriate for parties to sign a Deed of Separation instead of filing a court application for judicial separation. The advantages of signing a Deed of Separation are:

Parties do not need to wait for 3 years from the date of their marriage before signing a Deed of Separation. They can sign the Deed of Separation any time after their marriage.

It is potentially less adversarial as parties can discuss and negotiate the terms of the Deed of Separation, including ancillary matters, at length before signing it.

At Jacque Law, we can advise you on the appropriate terms to include in a Deed of Separation based on your circumstances and intentions, negotiate the terms with your spouse, and prepare the final Deed of Separation to be signed by both parties.

We're Ready To Help

Here’s a rephrased version for the **Separation** context: --- When considering separation as an alternative to divorce, Jacque Law LLC is here to provide you with guidance and understanding. Our experienced team of lawyers can advise you on the separation process, help draft a legally sound agreement, and protect your rights and privacy. We’re committed to making this transition as smooth as possible for you.

Commonly Asked Questions

What is legal separation, and how is it different from divorce?

Legal separation allows a couple to live apart while remaining legally married. Unlike divorce, separation does not dissolve the marriage. Instead, it sets terms for living separately, such as financial arrangements, without the finality of ending the marriage.

Couples may choose separation over divorce for religious, personal, or financial reasons, or to allow time to reconsider their relationship. Some may also prefer to remain legally married for the sake of children or to retain specific marital benefits.

Yes, a separation agreement can be legally binding if both parties agree to the terms and have signed the document. Courts in Singapore may consider the agreement when determining the division of assets or custody arrangements if the couple later pursues a divorce.

A separation agreement usually includes terms related to financial support, division of assets, living arrangements, and child custody and access. These terms allow both parties to outline how they intend to manage their lives independently.

Yes, a separation agreement can be modified if both parties agree to the changes. If circumstances change significantly, either party may seek legal assistance to amend the terms, ensuring the agreement remains fair and relevant.

Yes, a separation agreement can serve as a structured foundation for reconciliation by establishing clear boundaries and financial arrangements while living separately. If both parties decide to reconcile, the terms of the agreement can be adjusted or set aside, allowing the couple to resume their relationship without further legal complications.