DIVORCE LAW - Deed of Separation (Singapore)

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By virtue of Section 95(3)(d) of the Women's Charter, if the husband and wife have lived apart for at least 3 years and if either party consents to a judgment for divorce being granted, the Family Court in hearing the divorce proceeding will hold the marriage as irretrievably broken down on the ground of 3 years separation.  To prove this fact of separation, lawyers will advise both the husband and wife to sign a Deed of Separation when their relationship has soured and they have made up their minds to separate. When both the husband and wife have decided to live apart, they should enter into a Deed of Separation.  The Deed of Separation is the legal document (i.e. documentary evidence) to prove separation and the mental attitude to separate is clearly documented.  Separation is a fact least tainted by fault and it should be the most amicable way to settle a divorce. Three precedents on Deed of Separation are annexed to this document.