- A deed of separation is a private agreement between spouses; it is not filed in court and does not end the marriage.
- It can cover the children's care, access, maintenance, who lives in the home and how money and property are handled.
- It records the date the separation began, which helps if one of you later relies on separation as the fact for divorce.
- The Family Court can set aside or vary terms that are unfair, so careful drafting and legal advice matter.
- Signing one does not mean a divorce follows automatically.
What a deed of separation is
A deed of separation is a written agreement between a husband and wife who have decided to live apart while remaining legally married. It is a private document: it does not have to be filed with the court or registered, so its existence need not become public.
It does not end the marriage, and signing one does not commit either spouse to a divorce later.
Why couples choose one
Firms that advise on these deeds describe several common reasons:
- the couple have not yet been married for three years, so cannot file for divorce;
- they want time apart before deciding whether the marriage can be saved;
- they would rather stay married for religious or family reasons, or while the children are young;
- they want a written record of the date their separation started;
- they want to settle arrangements for the children and finances calmly, instead of in court.
What it can cover
The deed can deal with the same issues a court decides on divorce: who the children live with and how the other parent sees them, maintenance for the children and for the wife, who stays in the matrimonial home, and how joint accounts and other assets are handled during the separation.
How it helps if you later divorce
Two of the six facts for divorce depend on how long a couple have lived apart: three years with consent, or four years without. A deed fixes the date the separation began in writing, which avoids later arguments about when it started.
If the couple later divorce, the court may give weight to what they agreed in the deed when deciding the children's arrangements, maintenance and the division of assets.
Its limits
The Family Court can set aside or vary terms that it considers unfair or improper, for example where a spouse signed under pressure or without understanding what they were agreeing to. For that reason, both spouses should take legal advice before signing, and the deed should be carefully drafted.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
All divorce & family guides
