Separation in Marriage

Divorce laws of Singapore allow divorce only when the marriage has become irretrievably ‘broken down’. There are four legal grounds to prove this: misconduct, cruelty, and unreasonable behavior and where the parties have lived separately for at least one year.

If any of these grounds cannot be provided then the couple wishes to separate; they consider a separation since it can lead to a divorce. This option is mostly selected when both parties cannot be blamed for the failure of the marriage.

To proceed with a divorce based on separation, the following criteria must be met:

Uncontested Divorce: Both of the parties to a marriage, devoid of any fault, must consent to the divorce and dissolve their cohabitation for not less than three consecutive years.

Contested Divorce: If one of the spouses objects to the reasons behind a divorce, the pair has to live apart for at least four years in a row.

Under the severance calculation, the interruption section may be taken in intervals of up to six months. However, if the spouses had cohabitation in several segments, each segment of cohabitation of more than six months will not be attributed to the time of separation.

There are three ways to initiate separation:

Orally without any legal contract or written agreement.

Legally (according to the provisions of a written separation agreement usually a Deed of Separation) In this case, judicially involves getting a judicial separation order.

Informal Separation

For instance, in Singapore people do not have to live with their spouses if the marriage was legal, they can separate. Sect 27 para 1 BGB states that marital breakdown shall be a valid reason if based on this separation a divorce is intended. If one of the spouses goes to live in another country for any business or other relevant need, this is not considered to be a legal separation because it is by necessity.

In most cases, the physical separation is mandatory but this does not mean the spouses have to be living in different houses. They may indeed continue to live in the same home; however, they cannot be intimate and must not sleep together, and neither should one cook and clean for the other as would be expected in a marriage.

Formal Separation Agreements

Some of the couples that wish to formalize their separation may prepare a Deed of Separation. This document spells the conditions of their parting and must be filed with the court or some other certifying body. A written contract is looked highly of because it adds more proof in the case of a legal battle.

The agreement typically includes:

• The date the separation began
• Cohabitation status during the separation
• Agreement to live apart
• Any other additional warranties and guaranties as may be deemed sensible by the two parties

It may also cover additional matters, such as:

• Division of marital assets
• Child custody arrangements
• Maintenance payments

A lawyer can help in preparing a Deed of Separation that will suit the needs of the couple. The court may disregard any term that has been considered unfair but it cannot penalize unfair terms. Nevertheless, it is significant to appreciate that the Deed of Separation does not dissolve the marriage, therefore the spouses continue to be legally married, and cannot in any case re-marry.

Judicial Separation

By the provisions of the Women’s Charter (Chapter 353), Section 101(1), married persons can seek a judicial separation. This calls for demonstrating the following facts, namely that the union has deteriorated irretrievably by reason of the respondent’s adultery, unreasonable behavior, desertion for a specified period, or separation for a specific number of years. The reason is that judicial separation is less frequently used as a procedure to get a divorce because it demands a higher degree of evidence.