When a marriage is no longer working, couples often consider judicial separation, commonly known as legal separation, or divorce as a solution. In Singapore, these two options are available for couples facing marital issues. Legal separation and divorce both involve going through a legal process and have significant impacts on a couple’s financial and personal lives. It is essential to understand the differences to make an informed decision about which option is best suited for your situation.
- Legal separation is not divorce.
If you are considering separating from your spouse and are wondering whether judicial separation or divorce is the right choice for you, it is important to understand the difference between the two. The most significant difference between legal separation and divorce is that legal separation does not end your marriage.
In Singapore, legal separation is also known as judicial separation. It is filed on the same grounds as a judgment for divorce, but with necessary modifications. The judgment does not direct the spouses to separate but only confirms that the spouses are released from their consortium (and thus may live apart without undue legal consequence). The judgment also does not have an immediate effect on the status of the marriage.
- Legal separation does not end marriage.
One important thing to keep in mind when considering legal separation versus divorce is that legal separation does not end a marriage. It merely provides provisional relief from an unhappy marriage. While a couple may live separately and have agreed upon terms for property division, child custody, and support, they are still legally married.
Individuals seeking legal separation or divorce seek the guidance of a cheap lawyer in Singapore who specialises in family law to ensure that their rights and interests are protected throughout the process.
- Legal separation protects assets.
During the legal separation process, the court will issue a separation order that outlines the division of assets, property, and debts between the spouses.
Legal separation can provide a period of time where the couple can work through their differences, seek counseling, and decide whether they want to reconcile or proceed with a divorce. It is important to note, however, that legal separation is a complex legal process that requires the expertise of a qualified lawyer. While some couples might be tempted to seek out a cheap lawyer in Singapore to save costs, it is important to ensure that the chosen lawyer is experienced and knowledgeable in legal separation matters.
- Reconciliation
The most significant difference is that divorce ends a marriage completely and omits the possibility of reconciliation, whereas legal separation essentially confirms that the spouses are released from their consortium, viz. that “it shall no longer be obligatory for the plaintiff to cohabit with the defendant”. However, the option of reconciliation is still open to parties.
If you are considering divorce or legal separation, it is important to consult with a qualified and experienced lawyer to ensure that your rights are protected and your interests are represented. However, this does not mean that you need to hire an expensive lawyer. With some research, you can find a cheap lawyer in Singapore who can provide you with the guidance and support you need to navigate the divorce process.
- Benefits of Legal Separation
Legal separation offers five potential outcomes that may not be available in divorce proceedings.
Effect #1: It can aid one party in proving the irretrievable breakdown of marriage in subsequent divorce proceedings.
Effect #2: Desertion will not be deemed committed, once one obtains a judgment of judicial separation
Effect #3: Surviving spouse treated as dead on the intestacy of another.
Effect #4: It might be easier to obtain a protection order against a spouse.
Effect #5: It allows one to be heard on ancillary issues.
Divorce and legal separation are complex legal processes that can have significant emotional, financial, and legal implications. As an experienced divorce lawyer in Singapore, I understand that every situation is unique and requires a tailored approach.
I work closely with my clients to develop effective solutions that meet their specific needs and goals. Whether you are considering divorce or legal separation, I can provide the guidance and representation needed to navigate the legal system and protect your interests.
If you are considering divorce or legal separation, please don’t hesitate to reach out to me for a confidential consultation to discuss your options. Together, we can work towards achieving the best possible outcome for you and your family.
Contact me today to schedule a consultation and take the first step towards securing a favorable outcome for your divorce or legal separation case.
