What is the Deed of Separation?

What the Law Says

The Women’s Charter recognises Deeds of Separation as legally enforceable agreements between spouses who intend to live apart. While not required by law, such deeds provide clarity and stability during separation — especially where divorce is not yet pursued or agreed upon.

Under Singapore law, a Deed of Separation is a formal, written, and signed agreement between husband and wife who have decided to live separately. It is a private contract — not issued or approved by the court — but it can be enforced in court if one party breaches its terms.

It commonly covers issues like custody and access to children, spousal and child maintenance, division of matrimonial assets, and occupation of the matrimonial home. Because it is a deed (not just an ordinary contract), it must be executed with formalities: signed, witnessed, and clearly expressed as a deed.

Importantly, entering into a Deed of Separation does not end the marriage — only divorce granted by the Family Court can do that. However, the deed may later be submitted to the court during divorce proceedings as evidence of agreed terms.

Statutory Text

Nothing in this Part shall affect the validity of any agreement between the parties to a marriage made before or after the commencement of this Part, whether under seal or not, for the purpose of providing for the maintenance of either party or of any child of the marriage, or for the division of property, or for any other matter relating to the marriage or the separation of the parties.

— Women's Charter, s. 95 — Effect of agreements

What to Do

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