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What Is A Separation Agreement Singapore

The content of the DOS is similar, if not identical to, a divorce agreement or the possible terms of the divorce order. Even if the DOS is agreed upon, it is still a contract and the Singapore Family Court has every right to overturn any clauses it deems unfair or inappropriate or to be challenged by either party. 3. Judicial Separation Couples who legitimately wish to be separated may apply for a judicial separation instead of a divorce from the Singapore Family Court. This allows couples who want to live separate lives because of irremediable adultery, but who are unable to file for divorce because of their commitment to their religions and children or the pressure of moral and social norms. To apply for a judicial separation, the couple must have been married for three years already and aspire to a separation on the same facts as a divorce, in order to prove that the marriage is irretrievably broken. Spouses often mistakenly believe that separation is synonymous with divorce or initiates divorce proceedings. It should be remembered that, if the act of separation defines the conditions for the settlement of secondary cases after divorce, the spouses remain officially married during the separation. To obtain a divorce in Singapore, you must file a separate divorce application with the family courts.

If the spouses want to remarry after their separation, they must first have the divorce settled. For a three-year divorce and without the consent of one or both parties, a three-year separation period is required. For those who have repeated breaches of trust or who find it difficult to trust others, they should not engage in this method of separation. A judicial separation frees the couple from any marital obligation and the two parties can live permanently separately. It also entitles them to rights similar to those they would have if they had divorced. These include the distribution of marital property and related issues related to the care, custody and control of children.

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