Re: All you need to know about "Marriage/Divorce" under the SG Law
Do I have to sign any agreement first before being able to get divorced?
You do not have to sign any agreement first before being able to apply for a divorce. However, if you are applying for a divorce based on the ground of 3 years' separation, then your spouse must sign a Consent, to indicate that he agrees to a divorce on this ground.
Often, couples who intend to divorce based on separation will sign a document known as a Deed of Separation before starting divorce proceedings. In the Deed of Separation, they will usually agree:
(a) That the parties will live separately for a certain length of time (usually 3 years); and
(b) At the end of that time period, either one of the parties can start divorce proceedings on the ground of 3 years' separation with consent, and the other party will give their consent to the divorce.
(c) On matters such as the children, the property, and maintenance, both before and after the divorce.
While it is not compulsory to have a Deed of Separation before applying for a divorce, signing a Deed of Separation provides both parties with some certainty as to their living and financial arrangements before and after the divorce. However, it should be noted that the court is not bound by the terms of the Deed of Separation.
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