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DEED OF SEPARATION
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 and legally binding document 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.
At Gloria James-Civetta & Co, we have one of the largest matrimonial Law teams in Singapore ready to assist you. Whatever your situation, our Matrimonial Lawyers can help.
Requirements for a Deed of Separation
You would need to inform your lawyer the terms upon which you and your spouse wish to separate.
For instance:
- Who shall have care and custody of the child in the interim?
- What are the access arrangement to the parent who does not have care and control of the child?
- What are the maintenance (i.e. financial) arrangements relating to the child?
- Is the wife to also receive a maintenance sum from the Husband?
- Who is going to live in the matrimonial property?
- How are joint account monies to be dealt with?
This list is not exhaustive, and you may include any other concerns that you may have.
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.
The Singapore Courts Recognition of a carefully- drafted Deed of Separation
The courts in Singapore recognize and add weight to a properly drafted Deed of Separation. While a Deed of Separation is not equivalent to a divorce order, it can serve as strong evidence of the intentions and agreements between the parties during the separation period.
When a couple executes a Deed of Separation, it signifies their mutual understanding and acceptance of the terms and conditions outlined in the document.
While the Deed is not legally binding in the same way as a court order, it can have significant legal implications and consequences, especially when it comes to matters such as:
Division of Assets
: The courts may accord significant weight to the terms of the Deed of Separation when determining the division of matrimonial assets during the divorce proceedings.
Child Issues and Child Support
: The Deed of Separation can influence the court’s decision on issues pertaining to the custody, care and control and access of the child, including child support .
Spousal Maintenance
: If the Deed includes provision onspousal maintenance, this may be taken it into account by the court when deciding on the appropriate amount and duration of support, if any.
Future Proceedings
: The courts may consider the parties’ conduct and adherence to the terms of the Deed of Separation when handling future legal disputes, such as divorce proceedings.
Child Issues and Child Support
: The Deed of Separation can influence the court’s decision on issues pertaining to the custody, care and control and access of the child, including child support .
Spousal Maintenance
: If the Deed includes provision onspousal maintenance, this may be taken it into account by the court when deciding on the appropriate amount and duration of support, if any.
The court will review the Deed to ensure that it is fair, just, and not unconscionable based on the facts and circumstances of the case. If the Deed is found to be unfair or improperly executed, the court may modify or set aside certain terms, in order to achieve an outcome that is just and equitable.
To ensure that a Deed of Separation holds legal weight and will be recognized by the court, it is crucial to have it properly drafted and reviewed by experienced family lawyers in Singapore. Seeking legal advice can help protect both parties’ interests and ensure that the Deed is legally valid and enforceable.
Circumstances where a Deed of Separation is rendered unenforceable
A Deed of Separation may be rendered unenforceable or set aside by the court in certain circumstances. Some of the common situations where a Deed of Separation may lose its enforceability include:
Lack of Voluntary Consent
: If one party can demonstrate that they were coerced, forced, or deceived into signing the Deed of Separation, it may be considered void due to lack of voluntary consent.
Failure to Disclose Assets or Liabilities
: If either party fails to fully disclose their assets, liabilities, or financial information during the drafting of the Deed, it can lead to an unfair agreement and potentially render the Deed unenforceable.
Unconscionability
: If the terms of the Deed are so one-sided and unfair that they shock the conscience, the court may declare the Deed unenforceable on the grounds of unconscionability.
Violation of Public Policy
: If the terms of the Deed are against public policy or violate any applicable laws or regulations, it may be deemed unenforceable.
Child Issues and Child Support
: The Deed of Separation can influence the court’s decision on issues pertaining to the custody, care and control and access of the child, including child support .
Material Changes in Circumstances
: If there are significant changes in circumstances after the execution of the Deed, such as a substantial change in financial status or a significant life event, the court may reconsider the enforceability of the agreement.
Non-Compliance with Legal Requirements
: A Deed of Separation must meet certain legal formalities to be enforceable. If the Deed does not comply with these requirements, it may be rendered unenforceable.
Lack of Independent Legal Advice
: If one or both parties did not receive independent legal advice before signing the Deed, it may raise questions about whether they fully understood the implications and consequences of the agreement.
Revocation or Termination
: If the parties mutually agree to revoke or terminate the Deed of Separation, it becomes unenforceable from that point onward.
Absence of Consideration
: If there is no valid consideration or exchange of value between the parties, the Deed may be considered invalid.
It is essential to ensure that a Deed of Separation is properly drafted, reviewed, and executed by both parties with full understanding and voluntary consent.
Seeking legal advice from matrimonial lawyers is crucial to ensure that the Deed is legally valid and enforceable, and to address any potential issues that may render it unenforceable in the future.
How GJC Law Can Help draft your Deed of Separation
Our lawyers can provide valuable assistance in drafting an effective Deed of Separation for individuals going through a separation or contemplating divorce.
Here’s how our legal team can help:
- Understanding individual circumstances and concerns.
- Explaining legal rights and options.
- Tailoring the Deed to address specific needs.
- Assisting in asset division and financial provisions.
- Drafting detailed arrangements on issues pertaining to the custody, care and control and access of a child, including child support.
- Including spousal maintenance provisions if applicable.
- Ensuring legal compliance for validity and enforceability.
- Thoroughly reviewing and amending the Deed as needed.
- Guiding clients through the signing and execution process.
- Considering future scenarios for long-term effectiveness.
- Providing comprehensive legal support during separation.
In summary, our experienced lawyers can provide comprehensive legal guidance, support, and expertise in drafting an effective and tailored Deed of Separation that protects the interests and well-being of our clients during the challenging period of separation.
Our lawyers will be pleased to provide you with:
- A thorough discussion of your questions and concerns
- An overview of your legal options and legal standpoint
- Transparent timeline and fee estimate for your case
- Many years of experience handling these issues
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