Separation Deed

mag_huiling

Member
Bellerichez, it's better to seek advice from a lawyer.

However, my understanding is...

To go into a separation, both parties must agree to it and sign on the separation deed voluntarily. Then after 3 or 4 yrs (depending on whether both parties agree), you can file for a divorce.

If one party disagree to the separation, then you have to file for divorce based on the point that the marriage has broken down irretrievably. And you have to engage a lawyer to fight the case in court.

As what i know, separation is different from divorce. when a couple is on separation, they are still legally married, living separately. Divorced is that their marriage is no longer legal, cancelled already...

So if one party disgrees to separation, there's nothing the other party can do. but still able to file for divorce after 3 years of separation, with prove that the both has separated(w/o legal documents)... evidences like change of address stating that both parties stay at different place.

But best is still seek lawyer's professional advices.....
 

bellerichez

Member
if he's a drug addict, you must have solid evidence to prove. or unless he has been going in and out of prison, you can straight file for divorce. he dont agree also must agree..
Right now he's inside prison lor. He went in before i gave birth and i had to go through labor myself. Even doing of birth cert takes around 1month. What's the cost of a lawyer and the whole process thing?
 
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ryanchew

Member
Right now he's inside prison . He went in before i gave birth and i had to go through labor myself. Even doing of birth cert takes around 1month. What's the cost of a lawyer and the whole process thing?
Then that could be a good point....do speak to a lawyer...dun listen to us lawyers-wannabe....lol...

Just do a search online and you should be able to get several quotes of the cost....
 

bellerichez

Member
Then that could be a good point....do speak to a lawyer...dont listen to us lawyers-wannabe....lol...

Just do a search online and you should be able to get several quotes of the cost....
okay okay =) I will go & do research when i have the time.
 

masayuki

Member
Can go to the pro-bono legal clinics organised by the CC or law society and they will be able to help you there....

But you might have to wait in queue for an appointment.

You can call them at 65360650.
 

mag_huiling

Member
As what i know few months back, some pro-bono legal clinics are even more expensive than private law firms.

If want the cheapest ones, search around, give them a call and ask for quotation first.
 

masayuki

Member
As what i know few months back, some pro-bono legal clinics are even more expensive than private law firms.

If want the cheapest ones, search around, give them a call and ask for quotation first.

That's weird, to what i know, they're not supposed to charge you for billable hours.... Some firms are abusing the system? Must get law soc to check liao....
 

mag_huiling

Member
Im not sure about that.. I called them up and ask about how much they charge for doing up deed of separation. Initially, they ask me to go to legal aid (but i was referred to them by legal aid!) Then they told me the cheapest price is $1.5k!

After some search, I found the lawyer who did for my deed of separation, a private one, and I paid $900 only! see the difference?!

Even HOH, who claims to be the cheapest is also charging at around $960... they even have GST... so it adds up to about 1K...
 

yushan88

New Member
Hi, I need someone to intro a lawyer to me to do a deed of separation.. but i dun have alot to spare... is it possible to work within $900? anyone has a contact? the previous post has been some time back so i'm not sure if the rates are current either..
 

mag_huiling

Member
Try calling a few law firms to enquire about their prices. But definitely, their prices varies with the complexity of your case.
 

Kookie

New Member
Hi

i'm undergoing separation right now. and before signing the deed of separation.
His lawyer sent me these terms.
(a) access to flat – he is the co-owner as such there should not be any restriction on access. He will give a 24 hours sms when he wants to go down;
(b) he will keep his things in a separate room and lock it so as to avoid any misunderstanding ;
(c) all his mails are to be left in the letter box, where he will retrieve. All mails are not to be tempered in any way. He will look towards you for any loss;
(d) you shall stay in the flat until it is sold without any unauthorized and illegal rental;
(e) The original locks to the flat are to be reinstated immediately;

He is currently living elsewhere and he left the hse without informing me beforehand.
He took back gifts e.g. the ipad. is this considered theft?
And the other terms like him having access to the hse. Do you think it's fair? What should my next move be?
 
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Hi

i'm undergoing separation right now. and before signing the deed of separation.
His lawyer sent me these terms.
(a) access to flat – he is the co-owner as such there should not be any restriction on access. He will give a 24 hours sms when he wants to go down;
(b) he will keep his things in a separate room and lock it so as to avoid any misunderstanding ;
(c) all his mails are to be left in the letter box, where he will retrieve. All mails are not to be tempered in any way. He will look towards you for any loss;
(d) you shall stay in the flat until it is sold without any unauthorized and illegal rental;
(e) The original locks to the flat are to be reinstated immediately;
(f) He feels that you have to pay the monthly renovation loan for the balance of the loan term as he had been paying it for about 4 years ( he feels this is more than fair since the flat is to be divided 50/50);
(h) he is not agreeable to paying any maintenance for the dogs
(i) Ipad was paid by him. He said re-formatted and disposed off.


He is currently living elsewhere and he left the hse without informing me beforehand.
He took back gifts e.g. the ipad. is this considered theft?
And the other terms like him having access to the hse. Do you think it's fair? What should my next move be?
Kookie, you'll need to engage your own lawyer to make sure the terms are fair to you. Legally, if his name is on the title deed of your home, he's a co-owner.
He can get the courts to ensure he has access, unless you can prove that he's not contributing to the housing loan.
 

Kookie

New Member
but engaging my own lawyer would mean more time and money wasted right?
I wan to settle this asap. So there is no other choice but to agree to the terms. =(
 
but engaging my own lawyer would mean more time and money wasted right?
I wan to settle this asap. So there is no other choice but to agree to the terms. =(
It depends. If there are substantial assets to split, you may want to engage a lawyer to ensure the split is fair to you. The lawyer can also advise you which terms are unfair to you and you can challenge.
 

mag_huiling

Member
Hi

i'm undergoing separation right now. and before signing the deed of separation.
His lawyer sent me these terms.
(a) access to flat – he is the co-owner as such there should not be any restriction on access. He will give a 24 hours sms when he wants to go down;
(b) he will keep his things in a separate room and lock it so as to avoid any misunderstanding ;
(c) all his mails are to be left in the letter box, where he will retrieve. All mails are not to be tempered in any way. He will look towards you for any loss;
(d) you shall stay in the flat until it is sold without any unauthorized and illegal rental;
(e) The original locks to the flat are to be reinstated immediately;

He is currently living elsewhere and he left the hse without informing me beforehand.
He took back gifts e.g. the ipad. is this considered theft?
And the other terms like him having access to the hse. Do you think it's fair? What should my next move be?
ERM............

Definitely he have access to the flat since he's the co-owner, like what stormblessed said, unless you can prove that he is not contributing to financing of the house.

For the mail thing.... For me i feel kinda ridiculous.... Singpost always makes mistakes, tearing of my parcel, taking samples attached with magazines i ordered, late arrival of mail, lost mail, etc.... If one day, *touch wood ah*, his mails happens to be mistake of singpost personnel, then you're gonna be responsible for it???!!!!! CRAZY AH!! Which lawyer is that?!!!

For the rest of the terms sound quite alright and reasonable. But for the ipad, unless you got way to prove that it's yours, if not cannot be considered theft in dwelling. And since it's a gift from him, then he will be able to provide proof of purchase, then you'll lose the argument.
 
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