When a Marriage Comes to an Unfortunate End: Deed Of Seperation

When a marriage comes to an unfortunate end, the ideal case would be that both parties can agree on the two main issues:

1. The Cause of the Divorce, with “unreasonable behavior” and “separation” being the most common reasons.
2. Ancillary matters comprising
• Division of assets
• Custody, care and control of the children

If the parties are largely in agreement with regards to these issues, either party can then go to a divorce law firm in Singapore to draft a Deed of Separation (Deed). This Deed is a legal document that states clearly what the parties have agreed to. While it is not legally binding, it usually includes a clause that where either party has to commence legal proceedings to enforce the terms in the Deed, the other party shall be liable to fully indemnify the legal expenses incurred. Thus, this helps to ensure that both parties will abide by the Deed. However, the outcome of the above mentioned legal proceedings may be that the terms of the Deed are changed, with the party that initiated the change having to bear legal costs.

In summary, creating a Deed of Separation is less expensive than actually having to commence action in a contested divorce. There are also the above mentioned legal mechanisms in place to encourage both parties to stick to their agreed terms.

The key to making a Deed of Separation work is to strive for a win-win position for both parties. For instance, in a case where a husband commits adultery in Singapore, on first glance, the wife would obviously use that as the legal grounds for divorce. The husband may be resigned to the marriage having come to an end, and may be willing to accede to the wife’s requests regarding the custody of the children and the division of assets. However, the husband may not want it to be legally recognized in law that he has committed adultery. For that reason, he may contest the Cause of Divorce. In the process of doing so, their parties’ relationship may sour and become acrimonious. The expense of the trial may wear down the parties’ assets. The husband may no longer be able to accede to the wife’s requests for maintenance, or may no longer be willing to. They may then proceed to contest these ancillary matters as well. Indeed the wife should get “justice” – her husband has committed a wrong and the courts should recognize that. But what would be a worthy price to pay? She still has the rest of her life and her children’s life to think about.

The alternative to that would be for both parties to draft a Deed that recognizes that the grounds of divorce is a separation of 3 years with consent and 4 years without consent. This is the time frame that is legally required for one to file for divorce. The Separation Deed marks the beginning of their separation, with the view that the divorce only takes place after 3 years. In the meantime, the Deed specifies their arrangements with regards to maintenance and access to the children. Effectively, the wife gets what she wants – a divorce – with the husband continuing to provide for the children via maintenance. The husband agrees to this as it is not held in court that the marriage comes to an end because of his adultery.

It’s a win-win situation for both parties. It’s a win-win situation for the lawyer as well. Even though the lawyer does not get to bill for the many hours preparing and going for the trial in a contested divorce, the lawyer does get the satisfaction that she has helped to facilitate an outcome that is truly in the best interest of the client and the children. And she can instead spend her time facilitating more of such win-win situations. Indeed, an ugly divorce benefits no one, and should be avoided where possible.