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through which unhappy spouses can settle their differences? What are the
differences between these other channels and divorce proceedings?
You may consider making use of the following alternatives:(i) Deed of Separation It refers to a separation agreement that can be made between
the two parties by themselves. The agreement can specify a period of separation, and
what the parties will do with their children (if any) and how their childrens and each
others maintenance will be provided. It is recommended that a lawyer be consulted
before such an agreement is made.
A deed of separation is appropriate where the parties are in a harmonious relationship
and there is a good chance that each party will agree to be bound by the terms.
But the downsides of this option are:
If any party has breached the term(s) of the Deed, the other party can only sue
the breaching party for breach of contract. The enforcement of it is different
from the enforcement of a court order made in divorce or judicial separation
proceedings.
If the Court finds that there are sufficient grounds, it may order that the parties be
separated, i.e. they need not live together any more although they are still legally
husband and wife (they are not free to re-marry at this stage). The Court may also
make orders relating to the custody of the children and the maintenance of the other
spouse and of the children.
(iii) Judicial Separation A spouse or couple may apply to the District Court for a
judicial separation, which is a legal process through which parties obtain formal
recognition of their separation. The minimum 1 year rule of marriage does not apply
to judicial separation. However, to get a judicial separation, the applicant has to prove
basically the same facts as they would in a divorce.[see Part III on Divorce] The effect
of a judicial separation is the same as a separation order, i.e. the parties are still
husband and wife but they need not cohabit. Parties who are judicially separated are
not free to re-marry. The Decree is only granted subject to the requirement that
satisfactory arrangements have been made for the welfare of any children.
There are several possible reasons why a couple would apply for judicial separation
instead of divorce, for example:
when one or both parties are opposed to divorce on either religious or moral
grounds;
one party does not wish to give the other the ability to remarry;
when the parties have been married for less than 1 year and are therefore
unable to apply for divorce;
The existence of a judicial separation decree does not preclude either party from
applying for divorce subsequently.
(iv) Mediation Family mediation is an alternative way to settle family dispute other
than going to Court. It has been increasingly used by separating or divorcing couples
to settle issues arising from marriage breakdown.
What is "family mediation"?
In practical terms, family mediation is a problem-solving process designed to help
separating/divorcing couples reach their own mutually acceptable agreements
regarding on-going arrangements for their children and/or the resolution of financial
matters.
It is a voluntary process in which a trained, impartial third person (the mediator) can
assist both parties to communicate and negotiate issues in a confidential setting.
In a family mediation session, the mediator will help you to:
draw up your agreement in detail setting out how you have agreed to solve
each problem.
do not provide legal advice. Parties will be encouraged to consult their own
lawyers for legal advice.
help parties assess their own case realistically, assess the feasibility of the
decisions; and
help parties to explore settlement proposals in depth and find the solutions.