Deed of Separation

deed of separation .

Prior to having a divorce, one may consider being separated from his or her spouse for a set amount of time. If both parties agree to be separated without going through an official divorce, an agreement known as the deed of separation may be drafted to determine the terms and conditions governing the relationship.

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Based on mutual agreement and understanding, the deed of separation specifies the conditions during which the spouses are separated. Because the agreement is a private one between the parties involved, it is not submitted to the Singapore courts and thus out of public access. Ancillary matters such as children custody, maintenance, property and joint assets may be agreed upon in written form under the deed of separation.

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During the signing of the deed of separation, a trained family lawyer should be present as witness. The parties involved are also encouraged to seek professional legal advice prior to drafting a deed of separation. The lawyer should be informed clearly the conditions on which the parties involved wish to separate.

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Examples on the types of issues addressed in a deed of separation:

  • children custody – who should obtain care and control of the children? What are the rights of the other parent? How much access is the other parent entitled to?
  • maintenance – how much maintenance is the wife and child/children entitled to? How should it be paid and when?
  • Property – what should happen to the property purchased under joint names or in matrimonial arrangement? Who should be entitled to stay there if it is not to be sold? How should the funds be distributed if it is to be sold?
  • Joint Assets – If there are joint bank accounts, how should the monies or funds inside be allocated or distributed?

The deed of separation may also include any other issues that you deem important enough to be included inside.