Many couples in Singapore file for divorce using the reason of separation. The separation deed between husband and wife may be exhibited when filing for divorce. The separation deed between husband and wife may be executed as and when they wish to as the Women’s Charter in Singapore does not require husband and wife to live together.
To file for divorce in Singapore, couples have to rely on one of the following facts to prove the sole ground of divorce (i.e. irretrievable breakdown of marriage).
2. Adultery.
3. Desertion.
4. Separation for 3 years (with consent).
5. Separation for 4 years.
Separation is often the preferred choice because it allows couples to go for a no-fault divorce.
Separation can be achieved using one of the following ways:
Informal Separation
Married couples are free to separate informally. Separation can be a valid reason for divorce, even without a separation deed between husband and wife. There must be physical separation. Physical separation can happen even if the couple are living under the same roof, as long as parties run separate households and do not have sexual intimacy. The separated couple will typically not interfere with each other’s lives and do not perform household chores for each other. They must have intended to separate and not merely separated out of necessity.
Formal Separation Deed Between Husband and Wife (hereinafter known as “Deed of Separation in Singapore”)
Many couples execute a formal deed of separation in Singapore. The deed of separation in Singapore is a legal document governing the relationship between the separated parties. There are 2 main categories of clauses found in a deed of separation in Singapore.
1. The date of separation, the living arrangements of the parties during the period of separation and parties’ consent to live separately during the period of separation.
2. The ancillary terms during the period of separation (and post-divorce, if applicable). The ancillary terms include the children’s custody, division of matrimonial assets and provision of spousal/ children’s maintenance.
A formal deed of separation in Singapore is quite similar to a divorce order, other than the fact that parties are going to be separated and not divorced. A family lawyer is normally engaged to prepare the deed of separation in Singapore.
A deed of separation in Singapore need not be lodged with any governmental agency or the Court. It is only executed with the consent of both parties. After executing a deed of separation in Singapore, the couple is still considered to be legally married.
Judicial Separation in Singapore
Parties may file for judicial separation in Singapore. In such a case, the parties will need to prove that their marriage has broken down irretrievably– much like a divorce. In the event that you feel that your spouse will not comply with the terms in a deed of separation, you may wish to file for judicial separation. Your spouse will need to comply, as failure to do so constitutes an offence.
Marital Rape
Under Section 375(4) of the Penal Code, men are not immune to a charge for marital rape in the following instances:
1. Where the couple are living apart under an Interim Judgment of Divorce or Nullity.
2. Where there is a Judgment of Judicial Separation.
3. Where there is a formal written separation agreement.
4. Where there is a personal protection order in favour of the Wife against the Husband.
5. Where there is a Court injunction restraining the man from having sex with his Wife.
Outcome of Separation
Separation could end with divorce or reconciliation. Some couples are separated for a long period, without reconciliation or divorce. A formal separation deed between husband and wife during the period of separation could be useful if you are unsure of the outcome of separation.
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