SEEK CLARITY AND LEGAL GUIDANCE WITH THE BEST JUDICIAL SEPARATION LAWYERS IN SINGAPORE

Navigating a judicial separation can be emotionally and legally challenging, but you do not have to go through it alone.

At Tembusu Law, we provide reliable and affordable legal services to guide you through the judicial separation process.

Our experienced family lawyers in Singapore are committed to helping you understand your rights and obligations, ensuring that you make informed decisions for your future.

Judicial separation is a legal process that allows a married couple to live apart without formally dissolving their marriage. Unlike Divorce, judicial separation does not terminate the parties’ marital status, meaning they remain legally married but are no longer obligated to cohabit. This option is often chosen by individuals who may not wish to Divorce due to personal, religious, or financial reasons.

For some, judicial separation provides a structured arrangement to address marital issues without the finality of Divorce. It allows couples to establish legal agreements on financial support, child custody, and asset division while maintaining their legal marital status. This is particularly beneficial for those with religious beliefs that discourage Divorce or wish to retain certain spousal benefits, such as medical insurance or inheritance rights.

Additionally, judicial separation can serve as a stepping stone for couples who are uncertain about Divorce but require a legal framework to govern their separation. It provides clarity and security, preventing conflicts over financial and parental responsibilities. While some couples may later proceed to Divorce, others may find that the arrangement helps them reconcile or transition to a more amicable long-term separation.

Under Singapore law, the grounds for judicial separation are similar to those required for Divorce. A party seeking judicial separation must prove one of the following:

• Adultery – The other spouse has committed adultery, making it intolerable for the applicant to live with them.
• Unreasonable Behaviour – The other spouse has behaved in a manner that makes it unreasonable for the applicant to continue living with them.
• Desertion – The other spouse has deserted the applicant for at least two years.
• Separation – Both parties have lived separately for at least three years (if both consent) or four years (if there is no mutual consent).

1. Filing a Writ for Judicial Separation – The process begins by filing a writ at the Family Justice Court. This writ must be accompanied by a statement of claim and a statement of particulars, detailing the reasons for the application and the grounds for separation.
2. Serving the Writ – Once the writ is filed, it must be served on the other spouse. This allows them to respond and either consent to or contest the separation application. If the respondent does not contest the application, the process moves smoothly.
3. Responding to the Application – The spouse receiving the writ may file a defence to contest the judicial separation. If contested, both parties will need to present their arguments in Court.
4. Court Proceedings and Mediation – If the application is contested, the Court may require mediation sessions to resolve any disputes amicably. Mediation allows both parties to negotiate terms regarding finances, child custody, and asset division.
5. Hearing Before the Court – If mediation is unsuccessful, a Court hearing is scheduled where both parties present their case. The Court will assess the evidence and determine whether to grant the judicial separation order.
6. Issuance of Judicial Separation Order – If the Court is satisfied that the grounds for judicial separation are met, it will issue a judicial separation order. This legally formalises the separation while maintaining the marriage.
7. Post-Separation Arrangements – After the judicial separation order is granted, both parties must adhere to the terms set by the Court regarding financial maintenance, child custody, and asset division. These arrangements remain in place unless varied by a future Court order.

You and your spouse can file for judicial separation if you no longer wish to live together, but do not want to get a Divorce or are unable to qualify or obtain a Divorce yet. Once you’ve obtained a Judgment of Judicial Separation, you and your spouse no longer need to live together but you will still be considered legally married to each other until you get a Divorce.

Both a Judgment of Judicial Separation and a Deed of Separation are similar in that they are both legally binding and enforceable documents stating the mutual decision of you and your spouse to live separately and they will both contain the agreed terms regarding how the ancillary matters such as custody of the children, maintenance and division of matrimonial assets will be handled.

The difference is that the Court will decide on any ancillary matters that are not agreed upon in a Judicial Separation but the Court doesn’t get involved in any decision on the terms of separation in a Deed of Separation as long as both parties have mutually agreed on them.

The benefits of a Deed of Separation include the fact that it doesn’t need to be filed with the Court after it has been drafted and signed and that it often gives parties more flexibility and freedom to decide the terms for themselves.

You and your spouse may also wish to consider getting a judicial separation instead of Divorce to avoid the stress and trauma it creates for children as well as the religious, moral or social stigma possibly associated with Divorce, and also to leave room for the possibility of reconciliation in the future.

If you would like to understand more about this subject and how the issues discussed in this article may affect you, get in touch with our lawyers today.